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Cardozo LIFE From the Dean

Susan L. Davis
EDITOR
An Eventful Spring
The spring 2000 semester brought more than one unprecedented event to
Paulette Crowther
A S S O C I ATE E DI T O R
Cardozo. April saw the first official visit of the Court of Justice of the
European Communities to the United States at the invitation of the United
Jeff Storey ’01 States Supreme Court. Their first stop? Cardozo. Three Associate Justices of
C ON TR I BU T I NG E D I TOR the Supreme Court were on campus to greet the Judges and Advocates
General of the European Court and to discuss with them topics of mutual
Judy Tucker
interest.
A RT DIR E C TO R
The two days focused on legal issues such as federalism and subsidiar-
Norman Goldberg ity, on problems of constitutional democracies, and on the growing similar-
P H OTO G RA P HY DI RE C TO R ities between the two courts in a shrinking world. The visit also highlighted
Paul Herrera the reasons why law schools are incorporating more international subjects
Susan Lerner into their curriculums. We co-hosted this historic event with our colleagues
Dennis Wile at New York University Law School. It was attended by an enthusiastic
group of students, faculty, and board members from both schools. In fact,

one of our guests provided the second spectacular event.
After attending the conference, Dr. Stephen Floersheimer, a distin-
Cardozo Life is published twice each year by guished financier and long-time donor to Cardozo, made a gift of $5 million
the Department of Public Relations to establish a Center for Constitutional Democracy—the largest individual
Benjamin N. Cardozo School of Law gift ever made to Cardozo. The Center will focus research, thought, teach-
cob Burns Institute for Advanced Legal Studies ing, and publications on challenges to constitutional governance here and
Yeshiva University abroad. His magnificent gift will make possible scholarships, visits from dis-
Brookdale Center, 55 Fifth Avenue tinguished scholars, and support of our faculty in this field.
New York, New York 10003 Nearly 1,000 Cardozo graduates, from an alumni body of 6,500, are
Phone (212) 790-0237 working in the fields of intellectual property, art and entertainment law, and
FAX (212) 790-0322 new media. In this issue of Cardozo Life, six are profiled, representing an
impressive range and depth of experience. Cardozo’s growing reputation in
● this area is due, in no small part, to the successes of our graduates. Of
course, our faculty and their scholarship in this field is significant as well.
Editorial contributions and submissions Prof. David Rudenstine, who organized with Professors Marci Hamilton and
are welcome. This publication accepts Daniel Shapiro a conference on art and cultural property law, also held in
no responsibility for unsolicited manuscripts April, has been researching the legality of Lord Elgin’s taking of sculptures
or photographs. All submissions are from the Parthenon in Athens. His findings are published in an article that
subject to editing and are used is exerpted here.
at the editor’s discretion. The Justices conference, the establishment of the Floersheimer Center,
and the placement of our alumni in the highest echelons of their fields are
indicative of the maturation of Cardozo, a law school that is making its mark
in legal education, both here and abroad.
SUMM ER 2000
Cardozo LIFE
Features
An Interview with Associate Justice
Sandra Day O’Connor . . . . . . . . . . . . . . . 21
When a delegation of three Associate Justices of the
Supreme Court visited Cardozo to meet with members of
the European Court of Justice, Prof. David Rudenstine took
the opportunity to discuss the conference with Justice
O’Connor as well as what it’s been like to be the first
woman appointed to the US Supreme Court.

Did Elgin Cheat at Marbles? . . . . . . . . . . . 25


In researching the “legal” right of Britain to lay claim to
Departments
sculptures from the Athenian Parthenon, Professor
Rudenstine found a lack of evidence to prove that their Around Campus . . . . . . . . 3
Ambassador, Lord Elgin, had the right to take the sculptures Supreme Court Justices and European
from Greece nearly two centuries ago. The article outlines his Counterparts Meet • $5 Million Gift
research and findings on which a future book will be based. Will Establish Floersheimer Center for
B Y D AV I D R U D E N S T I N E Constitutional Democracy • Heyman
D R . H E R M AN G EO R G E & K AT E K A I S E R P RO FE S S O R Lectures Provide Lessons • Sterk
O F C O N S T I T UT I O N A L L A W Appointed Senior Associate Dean •
Stellar Panelists at Art and Cultural
Property Conference • Alum Starts
Dream Field: Holocaust Claims Restitution Clinic
Intellectual Property and New Media. . . . . 31 • Ambassador Holbrooke Honored •
John Marth ’00 Wins Skadden Fellowship
At last count, nearly 1,000 Cardozo alumni are practicing
• Moot Court Teams Win Top Honors •
in the field of communications, new media, entertainment,
Class of ’99 Employment Stats Up •
art, and intellectual property law. They work on both coasts,
BALLSA Completes Active Year
in firms large and small, in international companies, and new
Internet start-ups. Six graduates, representing classes from
three decades, talk about their jobs, the field, and the future.
Faculty Briefs. . . . . . . . . . 16
Book Party for Scheck and Neufeld •
B Y J EF F S T OR E Y ’0 1
Rudenstine Named Fellow at Princeton
• Hamilton Named Lee Chair • Stein
Gift Planning: Appointed to Faculty • Herz: The
Consummate Academic Administrator •
A Solution for Your Clients . . . . . . . . . . . . 36
Fine Named Director of Graduate
There are numerous and creative ways for people to make Programs • News Briefs
charitable gifts, preserve wealth, and plan their estates.
Planned charitable gifts are sophisticated techniques with
Alumni News & Notes . . . 38
which every lawyer should be knowledgeable so that their
Senator Schumer Addresses 22nd
clients can benefit.
Commencement • 30 Named to Order
B Y H E NRY R UB I N , ES Q.
of the Coif • New Media Panel •
S E N I O R D I R E C T O R O F D E V E L O P M E N T, Y E S H I V A U N I V E R S I T Y
BALLSA Reunion • ClassActions
BEN JA MI N N . CA RDO ZO BO ARD O F D IREC T ORS D I R E C T O RY
SCH OOL O F LAW
Jacob Burns Institute for Earle I. Mack General Telephone
Advanced Legal Studies Chairman 212-790-0200
Yeshiva University
Brookdale Center Sheldon H. Solow Admissions
55 Fifth Avenue Stephen J. Schulte 212-790-0274
New York, New York 10003-4391 Stephen B. Siegel
Vice Chairmen Alumni Affairs
Paul R. Verkuil 212-790-0293
Dean Barry A. Shenkman
Treasurer Chutick Law Library
Michael Herz 212-790-0285
Senior Associate Dean Ronnie Heyman
Secretary Dean’s Office
Stewart Sterk 212-790-0310
Senior Associate Dean Robert M. Beren
(as of August 1, 2000) Development
Leon Black
212-790-0288
Harvey R. Blau
Matthew Levine
Leon H. Charney Financial Aid
Associate Dean for
Business Affairs Arthur M. Goldberg 212-790-0392

Shimmie Horn
Jacquelyn Burt Professional Development
E. Billi Ivry
Assistant Dean for 212-790-0358
Eric M. Javits
Placement
Dr. Ira Kukin Public Relations
Robert Schwartz 212-790-0237
Jonathan Kukin
Assistant Dean for Dr. Norman Lamm Registrar
Admissions
Thomas H. Lee 212-790-0295
Mark S. Lieberman
Student Services
Jeffrey H. Loria
212-790-0313
Lawrence Ruben
Barry K. Schwartz Web Site
Romie Shapiro w w w. c a rd o z o . y u . e d u

Bonnie Steingart
Rachel L. Warren
Stephen A. Weiss
Siggi B. Wilzig
Selig A. Zises

Honorary Directors
Morris B. Abram
Joseph Appleman
Hon. Marvin E. Frankel
Hon. Stanley H. Fuld
Abraham S. Guterman
Prof. Louis Henkin
Samuel J. Heyman
Edgar J. Nathan III
news & notes
ALUMNI

Sen. Charles who is a former family adjunct professor. Douglas scholarships to second- and
Schumer Delivers court judge and teaches in Gilbertson of the Office of third-year students are
Commencement the area of family law. Financial Aid received the awarded on the basis of
Michael Pope, at age 76 the Anita Walton Award for best financial need, community
Address class’s oldest graduate, re- administrator, and Mary service, academic achieve-
ceived an award for special Pace of the Center for ment and publications,
The Class of 2000 celebrat- contribution to the Law Professional Development and/or to students with dis-
ed Cardozo’s 22nd com- School, as did Jennifer Beth was recognized for the most abilities or those who are
mencement at Avery Fisher Cannata. outstanding assistance to disadvantaged in some way.
Hall at Lincoln Center for Students selected students.
the Performing Arts on favorite professors for SBA Class of 2000 Pledges
June 11. Senator Charles awards. This year’s winners Eight Win Alumni Close to $25,000
Schumer of New York deliv- were Marci Hamilton, Association Scholarships This year, Cardozo
ered the keynote address Melanie Leslie, Stewart Adam S. Lurie, Melissa launched a class giving pro-
and exhorted the class of Sterk, and Justin Hughes, Franco, Jaimie A. Rothman, gram—the first time ever
2000 to never let fear of Myriam I. Sanchez, and in the Law School’s history.
failure stop them from Senator Schumer and Dr. Lamm Arti Tandon of the class of As of graduation, more than
making difficult deci- 2000 and Vivian 10% of the class pledged
sions, urging them to Walton, a 2L, won donations totaling almost
“go for it.” He also Alumni Association $25,000. The remarkable
advocated for educa- Scholarships. The success of this solicitation
tional reform, a polit- Monroe E. Price can be attributed to the
ical priority of his. Award and the Lila efforts of chair Vsevolod
Cheers and applause Yagerman Award (Steven) Maskin and vice
filled the auditorium were given to Rebecca chair Michael Pope.
as more than 300 Morris and Leila M.
students filed on Zubi, respectively. Twenty graduates received
stage to be hooded Each year, these LL.M. degrees
and receive J.D.
degrees. In addition,
20 received LL.M. degrees,
in the program’s second
year. Many students were
honored for distinction in
academics, contributions to
journals, society, and vari-
ous fields of law.
The Monrad G. Paulsen
Award for devoted service
to the vitality of the ideals
and purposes of legal edu-
cation was given to Adjunct
Professor Gertrude Mainzer,
COMMENCEMENT 2000

Dean Verkuil and Dean Herz


Doug Gilbertson of the
Office of Student Finances
is shown with SBA
President Jaimie Rothman

Earle Mack, chairman of the Cardozo


Board, with Senator Schumer

Michael Pope, the class of 2000’s oldest graduate,


was hooded by his wife, Prof. Sally Pope

ward winners (from left) Sonny Chehl, Jayashri Cuffey, Melissa


anco, and Rebecca Morris

Melanie Leslie and Stewart Sterk


were chosen best first-year
professors by the graduating class

Colleen Samuels, a mother of 10


James Howell Sullivan, Jr. made and the first Cardozo graduate
the student remarks to receive a joint J.D./M.S.W.
COMMENCEMENT 2000

30 Named to
Order of the Coif

At graduation, the Order of (From left)


the Coif was bestowed on Alumni Association
those who finished in the Scholarship Award win-
top 10 percent of the class: ners Leila M. Zubi, Jaimie
Jenifer J. Arndt Rothman, Adam Lurie,
Jason R. Boyarski Miriam Sanchez, and
Adam S. Cohen Rebecca Morris
Yakov Deckelbaum
Jill A. Farbman
Steven M. Field
Matthew G. Frankle
Michael Sha French-Merrill Susan Beth
Erica J. Goldberg Schwab won the
Jason R. Goldy Vsevolod “Steve” Felix Frankfurter
Sandi F. Greene Maskin won the Award for out-
Binyomin A. Kaplan Samuel Belkin Award standing academic
Matthew I. Kepniss for scholastic achieve- maturity, responsi-
James D. Lawrence ment and exceptional bility, diligence,
Isaac Lifschutz contributions to the and judgement
Adam S. Lurie Law School
Valerie P. Mahoney
Rebecca Morris
Erin M. Naftali
Douglas W. Pinsky Isabel Feichtner won
Keith M. Poliakoff the Louis Henkin
Marnie H. Pulver Binyomin A. Award for academic
Joanna Raby Kaplan won the achievement and
Jason M. Okun Louis D. Brandeis superior scholarship
Lina Rubin Award for the
David B. Schechtman best academic
Heidi J. Schmid record over
Susan B. Schwab three years
James H. Sullivan, Jr.
Orly Zylberstein
Alums Discuss tracts. Sports associations (From left) Prof. Monroe Price, moderator (at the podium), with

New Media are wary of giving rights to panelists Mark Lieberman ’84, chairman and chief executive officer,
Internet companies for fear Softcom, Inc.; Edward Klaris ’92, counsel, ABC, Inc.; Allen Lowy ’82,
that users will illegally president and chief executive officer, eClassicalMusic.com.; Lillian
Legal and business experts, reproduce game highlights, Laserson ’83, vice president and general counsel, DC Comics and
all of whom are part of the for example. MAD magazine; Alec M. Lipkind ’88, executive counsel, Walt Disney
Cardozo family, came Panelists asked: Why do Co., Inc.; Bill Squadron, chief executive officer, Sportvision.com.
together for a special panel artists create—for royalties
and buffet reception at the or because they are com- the moral and economic even broader uses for com-
Newseum in midtown this pelled as artists? Would incentive to protect creativi- puter technology. The
spring. “Lawyers and removing copyright protec- ty, but they see the laws event was co–sponsored by
Clients in the New Media tions reduce creativity? morphing into something the Howard M. Squadron
Environment: Mergers, Others in the print industry more complex. Program in Law, Media and
Convergence & Free asked: What do we do about Panelists predict a future Society and the First
Expression” triggered a putting authors’ work with an ever-greater need Amendment Center.
stimulating conversation online? Do we have to for lawyers,
about cutting–edge issues. renegotiate every contract as well as
Initially, panelists discussed with every writer? Is that encryption
sports franchises and the even possible? All agreed advances to
migration of sports pro- that patent and copyright protect copy-
gramming from network to law is here to stay, given right, and
cable. They raised
questions like: Is
sports news? Should
it be free and avail-
able to all as news
is? Is it subject to
copyright? In today’s
market, sports own-
ers want more con- Dori Hanswirth ’86 and Robert DeBrauwere ’93
trol, are carefully
dividing up rights, Marc Szafran ’96 and
and negotiating Harlan Protass ’95
complex legal con-
ClassActions

Class of 1981 travel needs of specific profes- the US Supreme Court this February. She specializes in
Robert Graubard is first sions. The Lawyer’s Travel March in the matter of trademark and copyright law.
senior vice president and gen- Service, a division of the com- Charles C. Apprendi, Jr. v. New
eral counsel of Julien J. pany, has more than 300 US Jersey. Lisa defended the con- Class of 1986
Studley, Inc., a national com- law firms as clients. stitutionality of New Jersey’s
David F. Adler is a partner in
mercial real estate firm based hate crime statute.
the firm of Jones, Day, Reavis
in New York. Class of 1983 & Pogue in Cleveland, OH,
Neal H. Herstik is a name Class of 1985 where he practices in the
Class of 1982 partner at Gross, Truss & Dr. Adena K. Berkowitz, commercial litigation area.
Herstik, P.C. who is a noted scholar in the David is the father of three
Felicia P. Buebel is vice pres-
ident for legal affairs at Loews field of Jewish ethics, is the children, ages four, six, and
Cineplex Entertainment
Class of 1984 scholar-in-residence at seven. Michele Kunowitz
Corporation. She is primarily Lisa Sarnoff Gochman, a Congregation Beth Torah in Jaspen announced the birth
involved in domestic and deputy attorney general in Dallas, TX. Midge M. of twins, Caroline and Daniel,
international leasing. Mark S. the Division of Criminal Hyman joined the firm of born June 24, 1999. Peter
Edelstein joined the firm of Justice, Appellate Section, in Cowan, Liebowitz & Latman, Weinmann, former narcotics
Morrison & Foerster, LLP as Trenton, NJ, argued before P.C. as a partner this bureau chief of the Erie
the partner in charge of the
firm’s real estate finance prac-
tice. Judith L. Levy is senior
vice president and senior
legal advisor at IBJ Whitehall
Asset Management Group.
Prior to this position, Ms.
Levy was vice president and
legal counsel for Credit Suisse
First Boston. In recognition of
his charitable work, Andrew
Lutzkey received the New
York State Bar Association
2000 President’s Pro Bono
Service Award. He has donat-
ed many hours of work to the
Bronx division of Network for
Women Services, a nonprofit
organization providing legal
services to low-income
women. He also has a private
practice in the Bronx, is
involved in Midnight Run, a This year’s BALLSA Reunion Dinner was particularly well–attended and festive. “The evening was
nonprofit organization helping just spectacular!” said Trish Williams, director of student services. A mariachi band performed,
New York City’s homeless, and students honored Prof. Jonathan Silver and Noel Williams ’87 for their help and support.
and regularly participates in The inaugural Outstanding Achievement Award was presented to Hon. Diane Renwick ’86, Civil
Career Day at local Bronx Court of the City of New York. Her husband, Bronx District Attorney Robert T. Johnson, deliv-
schools. Paul A. Metselaar
ered the keynote address. Student leaders Derek Quashie ’00, Melissa Franco ’00, and Karen
runs his family’s business,
Saab ’00 are shown with the band.
World Travel Specialists
Group, which handles the
County District Attorney’s of the Rockaway Peninsula for
office, has returned to private the past five years. Philip S. Cardozo Needs You!
practice and joined the law Sloan is director of global
firm of Michael Wolfgang. He event marketing for EMC Director of Alumni Affairs
now practices in the areas of Corporation. He is responsible Cardozo is approaching it’s 25th Anniversary. The
eminent domain and real for worldwide strategic spon- Law School needs a creative person to take alumni
estate tax assessment review. sorship activities and informa- relations to another level. A Cardozo graduate who
tion technology conferences. is an expert in the field of alumni relations is the
Class of 1987 perfect candidate. Job responsibilities include
Dana A. Mitchell Jaffe was Class of 1993 fundraising and “friendraising,” organizing special
elected to Nassau County Dis- Henry Bregstein is a partner events and reunions, and running the Annual Fund.
trict Court in January 1997. in the firm of Rosenman & The salary is competitive. Fax your resume and a
Prior to her election, she was Colin LLP, practicing in the cover letter to Debbie Niederhoffer, director of
a partner in the law firm of corporate, banking, and development at 212-790-0201.
Mitchell Jaffe & Jaffe. Mark finance areas. Etta Ibok
J. Speciner is a partner at opened a solo practice con-
joining this company, he ran Friedman Siegelbaum, LLP.
the firm of Harris, Beach & centrating in the areas of civil
the global direct marketing Anthony H. Son joined the
Wilcox, LLP. Mark practices rights, immigration, and fami-
programs for the National Silicon Valley offices of
trademark and copyright law ly law. Prior to opening her
Hockey League and NASCAR. Oppenheimer Wolff & Don-
in the firm’s NYC office. He is own firm, she worked for
nelly, LLP, practicing in the
married to Midge Hyman ’85, more than six years as a litiga-
and they have a nine-year-old tor for the Office of Corpora- Class of 1995 area of intellectual property.
daughter, Arielle. tion Counsel of the City of David Slotkin is general
New York. Vera Losonci is counsel for Primus Class of 1998
international counsel at Telecommunications Group
Class of 1988 Shari M. Blecher joined the
Debevoise & Plimpton in Inc. He was featured in an firm of Goldshore & Wolf, P.C.
Harold K. Gordon is a part-
London. Before taking this article in Legal Times which Her areas of concentration
ner in the law firm of Jones,
position, she worked in the noted that young people are environmental and com-
Day, Reavis & Pogue, where
firm’s Budapest and Paris (David is 30 years old) are mercial litigation, and regula-
he practices in the litigation
offices. ocuppying executive positions tory compliance. Theodore
group. Marc Handelman has in high-tech companies. Froum has joined the law
worked in the legal publishing
arena for the past several Class of 1994 firm of Miller, Canfield,
Class of 1997 Paddock and Stone, in the
years as an editor with Rachel Mohl Abrahams and
Jacqueline J. Klosek is an Ann Arbor office, as an associ-
Brownstone Publishers. His her husband, Dr. Stewart
associate with the firm ate in the business and
first book, A Dog’s Guide to Abrahams, announce the
Life: the Bala Diaries, was birth of a son. Lawrence A.
released in June. Klein joined Caminus
Corporation as in–house Phonathon Raises $10,000
Class of 1989 counsel and is responsible for Toward Annual Fund
all legal matters, including
Michael B. Silvermintz is on Current students spent two evenings on
corporate finance and securi-
the executive committee of the telephones calling alumni for
ties law, labor and employ-
York Hunter, a construction contributions to the Annual Fund. More
ment issues, trademark,
services firm. than $10,000 was pledged—about 30%
licensing, and contracts draft-
ing and negotiating. In addi- more than in previous phonathons.
Class of 1991 tion, he maintains a small, Debbie Niederhoffer, director of devel-
Paul Brusiloff was named elite, private entertainment opment, said she expects this year’s
partner at Debeviose & practice. Alan C. Laifer and Annual Fund to be a record breaker.
Plimpton. Nathaniel D. his wife, Yael, had their sec- “The upward trend in giving is continu-
Feller is in private practice, ond daughter, Hannah Mali, ing. We are delighted to have so much
specializing in estate planning in June 1999. This past fall, support from the alums and appreciate
and administration, and has Alan joined Sandbox.com as the efforts of our student callers.”
served as president of the vice president of e-commerce
Jewish Community Council and direct marketing. Prior to
finance group. Arthur B.
Schwartz, known also as
“Cornholio Esquire, CEO of S A V E T H E D AT E
the Greedy Associates,” was
named one of the most influ-
ential lawyers in America by
October 11, 2000
the National Law Journal in Benjamin N. Cardozo School of Law and its
the June 12 issue. He is cred-
ited with “goosing the great
associate raise of 2000…serves
as ringmaster of factious, frac-
Alumni Leadership Council
tious Infirmation.com chat invite all alumni to a networking party in honor of
groups” that draw up to 1.5
million page views a week.
Dean Paul R.Verkuil and
Schwartz is a business develop- Senior Associate Dean Michael Herz
ment leader at FindLaw Inc.
6 – 9 pm • Details will be mailed
Class of 1999
Jeffrey Seewald was appoint-
ed assistant corporation coun-
sel for the City of New York.
Mary Kate Woods is a media
defense litigator with CBS
Broadcasting, Inc. Peter K.
gossip
Yu is the executive director of
Cardozo’s Intellectual
Property Law Program and
talkspin
continues to be deputy direc-
tor of the Squadron Program.
His article “Succession by
Estoppel; Hong Kong’s is it interfering with American democracy?
Succession to the ICCPR” was
published in Pepperdine Law
Review. As a research associ-
ate of the Programme in
Nine prominent constitutional lawyers provide answers
Comparative Media Law & in the next issue of
Policy at Oxford University, Cardozo Studies in Law and Literature
he coordinates the ESIS II pro-
ject launched by the Informa-
tion Society Promotion Office Provocative essays by Milner Ball, Arthur Eisenberg,
of the European Commission. Kenneth Karst, Calvin Massey, Richard Parker, David Richards,
Jeffrey Rosen, Cass Sunstein, and Richard Weisberg
are featured in
IN MEMOR IAM
Elaine J. Kotin ’83 was a
“The Privatization of Our Public Discourse”
dedicated civil servant. For
many years, she was an attor- To receive this extraordinary issue of Cardozo Studies in Law and Literature, mail $15.
ney for the NYPD’s Civil For an annual subscription (2 issues),mail $20 to:
Enforcement Unit. She is sur-
Cardozo Studies in Law and Literature
vived by her husband of 50
Benjamin N. Cardozo School of Law/Yeshiva University • 55 Fifth Avenue • New York,NY 10003
years, Neil; her daughter,
e-mail: rhweisbg@ymail.yu.edu
Debbie Insdorf ’80; son-in-
law Michael; and two grand-
children.
around CAMPUS

US Supreme Court New York University School Rosenfeld, president of the judges had traveled from
Justices Meet with of Law. This marked the International Association the “New World” of consti-
European Counterparts first official visit of the of Constitutional Law, tutionalism to the “Old
European Court of Justice accompanied the American World.” When it comes to
at Cardozo to the US. The European delegation. judicial review, “they are
jurists also participated in a Judicial review has been new at it,” the dean said.
When members of two of day-long series of panels at entrenched in the US since “We are experienced.”
the world’s most important NYU on current constitu- the Marbury v. Madison Unlike Europeans,
courts met at Cardozo, tional issues in antitrust decision of 1803. The Euro- Americans like to talk
Associate Justice Stephen policy, environmental regu- pean Court of Justice, the about the law, said David A.
Breyer of the United States lation, and Internet priva- supreme judicial authority O. Edward of Scotland,
Supreme Court came pre- cy. The European delega- on matters governed by president of the Fourth and
pared with a greeting in tion then visited the United European Community Law, Fifth Chambers of the
French. However, the his- States Supreme Court in was created only in 1952, Court of Justice. “You like
toric conference made it Washington, DC and the so its role and powers, like to argue about it. Above all,
clear that the Supreme Texas Supreme Court. those of the integrated you like to debate the quali-
Court justices and their The program continued Europe it serves, are still ty of it.” But Europeans and
colleagues on the Court of a dialogue begun two years evolving. Americans share “the
Justice of the European ago when United States Thus, Dean Verkuil accepted standards of right
Communities have begun Supreme Court justices pointed out in his opening conduct.”
to develop a common lan- visited the European court remarks, the European First Advocate General
guage. They are applying in Luxembourg. Dean Paul
similar principles to com- Verkuil and Prof. Michel
plex issues confronting both
the United States and the
15-member European Justice Sandra Day O’Connor,
Union and beginning to the first woman appointed to the US
learn from each other. Supreme Court, with Judge Fidelma
Eight judges and advo- O’Kelly Macken, the first woman
cates general of the appointed to the Court of Justice
European court gathered at
Cardozo with three of their
American counterparts—
Justices Breyer, Sandra Day
O’Connor, and Anthony M.
Kennedy—for a round of
judicial shop talk cospon-
sored by Cardozo and the

Dean Michael Herz


addressing members of the
Court of Justice at NYU. Judge Nial Fennelly, First Advocate General with
Claus Gulmann is on the left. Associate Justice Anthony Kennedy
Nial Fennelly of Ireland American
said that much of European notion of
Community Law was based federalism.
on the principles of “pro- It means
portionality” and “sub- that the
sidiarity.” Proportionality Community
requires policymakers to should act
consider whether their only if its
actions are suitable and objectives Judge David A.O. Edward, president
necessary to achieve a cannot be of the Fourth and Fifth Chambers of
desired end. To Justice achieved by the Court of Justice presents Dean
O’Connor that sounded like member Verkuil with a present for his part in
the “strict scrutiny” Ameri- states. “This is more a polit- Justice Breyer with students organizing the conference.
can courts apply in certain ical than a legal question,”
constitutional cases. Fennelly said. “The con- ipate in government and guided by the objective of
Americans talk a lot tours are far from clear.” the liberty from govern- consumer welfare and
about “federalism,” Meanwhile, said ment. “Do you keep power respect for the free market.
although, according to O’Connor, “I cannot think in Naples or transfer it to Advocate General
Justice Kennedy, they do of anything that has split Luxembourg?” Francis G. Jacobs of Eng-
not understand it fully. The our court more” than In briefing their col- land said that the increas-
term is controversial in debates over the respective leagues about the American ing integration of the Euro-
Europe, where it often powers of the state and judicial scene, the Ameri- pean market has made
connotes centralized power. national governments. She can justices covered a vari- American precedents more
However, the recently said, quoting Justice ety of issues. Kennedy cited relevant to the develop-
formulated principle of Kennedy, the Constitution the importance of the First ment of European “Com-
“subsidiarity” is akin to the of the United States “splits Amendment in the Ameri- petition Law.”
the atom of sovereignty,” can system. “Our free “We are, after all, for the
reserving a significant role speech jurisprudence gives first time confronted with
From left: Justice Kennedy, Cardozo for the states. Kennedy citizens a real stake in the the same forces on both
Board Chairman Earle Mack, Judge added that there is a moral Constitution,” he said. sides of the Atlantic,” he
Edward, Thomas Susman, Esq., NYU and ethical component to On the second day, the said. However, he added,
Dean John Sexton, Prof. Rosenfeld, federalism, that “it is wrong conference turned to specif- Europeans generally are
Justice O’Connor, Judge Leif Sevón, to surrender control of your ic legal issues, where mem- less trustful of the market
Judge Macken, Judge Claus destiny to a remote entity.” bers of the European Court than their American
Gulmann, Justice Breyer, Judge Jean- Breyer, who has been in the met with academics. Prof. counterparts.
Pierre Puissochet, Dean Verkuil, minority in a series of 5–4 John O. McGinnis argued Giuliano Amato, a for-
Chief Justice of the Texas Supreme decisions affirming the that a “revolution” in mer Italian prime minister
Court Thomas Phillips, Registrar power of the states, said American antitrust law has who is on the NYU faculty,
Roger Grass, Judge Nial Fennelly, that Europeans face similar “something to teach the countered McGinnis’s
Advocate General Philippe Léger, issues as they work to pro- world.” Increasingly, position. “You have to go
Advocate General Francis G. Jacobs vide both the right to partic- American antitrust policy is case by case,” he said. “You
cannot be so ideological as come of his own for the law own environmental role of Big Brother, who
to say the market will school’s guests: “Shalom.” movement was triggered knew everything about the
always take care of itself.” He then traced the develop- by a series of industrial citizenry.
McGinnis responded that ment of American environ- catastrophes. “So we have a problem—
government should act mental law from its com- Professor Rosenfeld broad scale online privacy
against blatant cartelization mon law period, through moderated a session about invasions—and no easy
and other inefficient prac- the passage in the 1970s of the effect of new technolo- solutions,” he concluded.
tices, but he insisted that a spate of federal “common- gy on privacy at which “Although we can turn to
officials have a hard time and-control” measures, to a Prof. David Rudenstine the national government
marshalling the informa- growing reliance on eco- sketched the legal frame- for assistance, and we can
tion needed to identify such nomic incentives, voluntary work for fighting off a pressure the private sector
practices. cooperation, and flexibility “massive invasion of priva- to exercise restraint, it is
Recalling Justice Breyer’s in American regulations. cy.” He offered a “dooms- uncertain whether we will
greeting, Dean Michael According to Judge Leif day” scenario in which the be successful in securing
Herz had a word of wel- Sevon of Finland, Europe’s Internet has assumed the effective constitutional

Gift of $5 Million Will Establish Floersheimer Center


for Constitutional Democracy

Dean Paul Verkuil announced that a School has also become increasingly a
$5 million gift from Dr. Stephen H. place known for public discussions of
Floersheimer will establish a center for comparative constitutionalism, new
constitutional democracy at Cardozo. democracies, and societal systems. Dr.
The Floersheimer Center will focus Floersheimer’s gift will move the Law
research, thought, teaching, and publi- School further toward achieving its
cations on the challenges to constitu- long-term goals.”
tional governance here and abroad. It Dr. Floersheimer has been a friend
Dr. Stephen H. Floersheimer with
intends to deal with controversial issues of the Law School since his son, Mark,
Dr. Norman Lamm
in an objective and nonpolitical manner. who graduated from Cardozo in 1993,
According to Dean Verkuil, “Dr. Floersheimer is a won- began his studies. In 1992, he established in memory of
derful donor, someone who is interested in nurturing intel- his father the Walter Floersheimer Chair in Constitutional
lectual activity at the highest level. This extraordinary gift Law, held by Prof. Richard Weisberg. According to Dr.
will ensure a future of scholarly and intellectual achieve- Floersheimer, who holds a doctorate in English literature
ment at Cardozo.” from Oxford University, “I believe that Cardozo is a unique
The Floersheimer Center for Constitutional Democracy academic institution. It has an extraordinary and interdis-
plans to support research by scholars and policymakers, ciplinary faculty that encourages dialogue and research
conferences, publications, and consultancies both here and into law and constitutional democracy and includes sever-
abroad. One important goal will be to encourage cross- al leading figures in the international arena of comparative
fertilization in a time of global constitution building constitutionalism. At a time when democracy is taking
through workshops for public and private leaders in devel- root and beginning to flourish in countries throughout the
oping countries. A leadership program in constitutional world, this Center has the potential to have an impact on
law is contemplated that will offer scholarships to out- world democracy and the stability of fledgling governments.”
standing students. Dean Verkuil announced also that Gerald Gunther,
Yeshiva University President Norman Lamm lauded the William Nelson Cromwell Professor Emeritus at Stanford
generosity and the foresight evident in Dr. Floersheimer’s University Law School, will be the Floersheimer Center’s
gift. “Dr. Floersheimer recognizes that Cardozo is energetic first visiting professor and scholar. Professor Gunther, who
and that its prolific faculty is committed to legal theory will be at Cardozo in the fall of 2001, “is one of the great
and open to scholars from other disciplines. The Law figures in American constitutional law,” said Dean Verkuil.
legislation, and whether the
Internet industry will adopt
and implement programs
that effectively protect
online privacy.”
Judge Christian
Gulmann of Denmark said
Robert S. Bennett, partner, that the Europeans have
Skadden, Arps, Slate, focused on the protection of
Meagher & Flom and former databases and on safeguard-
special counsel, US Senate ing the free flow of infor-
Select Committee on Ethics, mation; they have not yet
gave the annual Jacob Burns grappled with privacy is-
Ethics Center lecture. He dwelled in part on the conflict faced by lawyers who are sues posed by the Internet.
expected to serve as guardians of the law, playing a vital role in the preservation of
society and conforming to “the highest standards of ethical and moral conduct,” while
Heyman Lectures
also serving as zealous advocates for clients who are less interested in the high-minded
pursuit of truth than in preserving their fortunes, their reputations, or even their lives. Provide Range of
“The zealous advocate often speaks and acts in ways which to many are morally repre- Lessons
hensible, and do not promote respect for the law in the eyes of the public,” Bennett
said. An advocate cannot sponsor perjured testimony, obstruct justice, or falsify evi- At the two Heyman Center
dence, but he can use cross-examination “to rip to shreds” an elderly victim the lawyer lectures this spring, atten-
knows is telling the truth. He can maneuver to pick jurors who will be guided by emo- dees received a primer in
tion and passion rather than the truth. And he can use his own credibility to advance an the operation of a private
argument that he knows beyond all reasonable doubt is untrue. He concluded that too equity company and were
often the “game” overwhelms the pursuit of justice. warned not to expect too
much from boards of direc-
tors when it comes to
“managing” the corporation.
Cardozo Board Member
Thomas H. Lee, who is not
a lawyer, said that “the next
five years look very good”
for the Thomas H. Lee Com-
pany, which is one of about
500 private firms that have
marshalled several hundred
billion dollars of investment
in the last 20 years. These
firms function as a “kind of
private stock market.”
Mr. Lee’s company spe-
cializes in financing “high-
quality” companies. Of the
1,000 deals the firm sees
each year, 700 are not a
good fit. Of the remainder,
Cardozo International and Comparative Law Journal and the Financial Women’s it may acquire an equity
Association co-sponsored “Advising Emerging International Markets.” Panelists were stake in 50. Today’s deals,
(from left) Jennifer Frankel ’97; Aviva Werner, senior legal counsel, Emerging Markets unlike those highly lever-
Traders Association; Bob Strahota, Securities & Exchange Commission; Alison Hardwood, aged ones popular during
World Bank/IFC specialist; and Professor Ingo Walter, NYU Stern School of Business. the heyday of junk bonds,
usually have a debt-to-equity
ratio of two or three to one. Dean Appoints Sterk ter relationship between together as a community.”
The Thomas H. Lee Senior Associate Dean the administration and the Professor Sterk has
Company then holds its students. He explains, “I agreed to serve for one
equity stake for an average want to help create a coop- year, believing it appropri-
of three and a half years, Stewart Sterk has been on erative environment so that ate for the new dean to
contributing analytical the faculty since 1979. He the students have a more choose his or her own asso-
skills, the ability to forecast has known every dean in positive experience while ciate dean.
the future, and an under- the history of Cardozo, sat they are at Cardozo.” He In terms of the dean
standing of management on most committees— indicated that this will search, Professor Sterk said,
capabilities. Although it including the current dean mean creating more oppor- “It is impossible to find
receives a fee, most of the search committee—and will tunities for social interac- every quality that you
company’s profit comes on now take his first adminis- tion between the adminis- would want in one person.
“the back end,” when the trative posi- tration and the However, the most impor-
company is sold. tion as students and tant thing is to find some-
Attorney Robert E. senior asso- building an one with strong academic
Denham, partner, Munger, ciate dean. accessible staff and leadership credentials.”
Tolles & Olson, discussed “I don’t that is pre- Second, he feels that a
what directors contribute to think there pared to meet candidate should show the
public companies, a hot is a pre- students’ legiti- ability to market Cardozo’s
topic among those who are scribed job mate needs. In strengths in the law school,
concerned with the reform descrip- describing the legal, and donor communi-
of corporate governance. tion,” said Professor Sterk. management style that is ties so as to both help
Textbooks often describe “I will do whatever the going to help achieve this students looking for jobs
the board as “running the Dean wants me to do and objective, Professor Sterk and benefit the law school
corporation.” Denham then whatever else needs to said, “I want to make peo- in the long term. “What we
described that as a “very be done.” Sterk, the H. Bert ple feel a part of the deci- really need is an impresario
curious” statement. and Ruth Mack Professor sions and the programs. It who can take everything
According to him, directors of Real Estate Law, is editor may take longer in the that is wonderful about
are important because they of the New York Real Estate beginning, but it will pay Cardozo and put it into a
pick a company’s CEO and Reporter and writes and off in the end as staff, facul- terrific package for the
decide how he or she teaches in the areas of ty, and students come world to see.”
should be compensated. property, conflict of laws,
Once the CEO is in place, trusts and estates, and
however, the board’s role is copyright. IP AND DISPUTE RESOLUTION PROGRAMS
limited by the fact that the According to Dean Paul RANK IN TOP TEN
CEO has readier access to Verkuil, “Having Stew Sterk
In the US News and World Report Best Graduate Schools
crucial information. Some in this critical position will
issue, Cardozo found itself listed on two top-ten lists. In
directors become close to be a great benefit to the
Intellectual Property Law, Cardozo ranked sixth, making it
the CEO and “boards hate entire law school communi-
the top-ranked program in New York City. NYU and
to tell the CEO no,” ty. He is respected by his
Columbia ranked ninth in a three-way tie with University of
Denham said. colleagues as a scholar, by
Texas–Austin. University of California–Berkeley, George
He suggested that boards the students as an excellent
Washington University, and Franklin Pierce Law Center
can, however, play a larger teacher, and as a leader by
ranked first, second, and third, respectively. This is the third
role in setting and enforc- the administration.” Prof.
year that the program ranked in the top ten. The Cardozo
ing expectations for ethics Michael Herz, who has
program in Dispute Resolution made the list for the first
and compliance. He been in the position for
time, taking eighth place—the only New York law school to
observed that directors of four years, will step down
be listed. University of Missouri–Columbia, Ohio State
e-commerce and other in August. (See p. 19.)
University, and Pepperdine University ranked first, second,
“new model” firms seem When Professor Sterk
and third in this category. Specialty programs are ranked by
more involved in opera- moves to the dean’s office,
a survey of faculty members who teach in the field at 174
tions. “This is akin to the at the top of the list of
accredited law schools.
way boards functioned in things he hopes to accom-
earlier times.” plish will be to build a bet-
Art Wars Generals and
Infantry Attend (From left) Professor Rudenstine,
Prof. John Henry Merryman, and
Conference sculptor Richard Serra

In his opening remarks,


New York City’s Commis- Commissioner Schuyler Chapin
sioner of Cultural Affairs
Schuyler Chapin took liter-
ally the title of the confer-
ence, “Reports From the
Front Lines of the Art and tinued, making it clear that rights. If, he posited, one
Cultural Property Wars,” he feels that support of the has the right to travel, does
and gave the audience of arts is “one of our major one also have the right to
more than 150 artists, responsibilities as a city and take along one’s goods?
museum directors, gallery a nation.” His attendance at all of the
dealers, and lawyers a But public support of the sessions provided weight
behind-the-scenes look at arts was not the day’s major and import to the day’s
the “Brooklyn Museum fra- topic. It was, in fact, a cele- proceedings.
cas,” when Mayor Rudolph bration of Prof. John Henry The internationally
Giuliani halted city funding Merryman’s contributions acclaimed sculptor Richard
of the century-old institu- to art and cultural property Serra spoke about Tilted
tion. Commissioner Chapin law. The esteemed Stanford Arc, a site-specific commis- Ginsburg of Columbia dis-
gave a simple reason for University law professor is sioned public sculpture that cussed the perplexing issue
the six-month ordeal that widely credited with being was removed in 1989 from of moral rights in a digital
the city, the Museum, and the seminal figure in this in front of the Federal age, when legislation gives
the art world lived through: area of the law, having Building for which it was authors the right to be cred-
The Mayor “lost his tem- developed the first course designed, after a long and ited and preserves the
per.” A simple explanation (1972) and its accompany- contentious legal battle that integrity of their work
for a complicated issue that ing text (1979). In his played out in the press and while the Internet presents
ended with a federal judge keynote speech, Professor that Mr. Serra qualified as many opportunities for
upholding the museum’s Merryman explained that “akin to book burning.” The copying, distorting, and
First Amendment rights. with regard to the export of artist is now working to controlling original work.
“The battle of the Brooklyn cultural property and arti- have moral rights legisla- Citing the Tilted Arc case,
Museum is over, but the facts, two competing forces tion passed that would Justin Hughes, adjunct pro-
war has not been won. We are at work: the interna- make the destruction of an fessor, indicated that the
are a very nervous nation tional commitment to free art work a crime. argument was really about
when it comes to public trade and the commitment Prof. Marci Hamilton, the sculpture’s context, and
support of the arts,” he con- to fundamental human who represented the he asked whether the artist
Volunteer Lawyers for the has a right to control the
Arts against the City of framework or the context
SEARCH IS ON FOR NEW DEAN New York in the Brooklyn in which a piece is seen as
Dean Paul Verkuil announced that he will step down as Museum case, said at the well as the art work itself.
dean in December 2000, although he will continue as a panel on Suppression and This, according to Hughes,
member of the faculty. A search committee composed of Liberty that “censorship of is an untenable position,
members of the board, faculty, and student body under art is the mark of tyranny.” since “art is becoming less
the leadership of Yeshiva University Vice President Morton However, she added, and less context dependent”
Lowengrub was appointed to find his successor. According “strings of accountability and the Internet is con-
to YU President Norman Lamm, “We have all been fortu- come with government tributing to the decontextu-
nate to have Dean Verkuil at the helm of the Law School. funding” and the govern- alization.
His experience, sagacity, and clear vision have kept us on a ment should forswear con- In a panel on repatria-
course of success.” trol only when public fund- tion of cultural artifacts,
ing is eliminated. Prof. Jane Nancy Wilkie, president of
the Archaeological Institute artists alike. Museum direc- by Lucille
of America, declared “the tors Michael Govan of the Roussin ’96, for-
looting must end!” James Dia Center for the Arts, mer deputy re-
Cuno, director of the Kenneth Hamma of the J. search director
Harvard University Art Paul Getty Museum, and for art and cul-
Museums, said it was the Stephen Weil of the tural property
museum’s responsibility to Smithsonian Institution at the Presiden-
perform due diligence enlightened the audience tial Avisory
regarding any art work that on such topics as the Commission on
is being considered for cloning of objects, the role Holocaust As-
acquisition. He also made a of computers in searching sets in the
distinction between cultural for stolen works of art, and United States.
property and cultural patri- art made for the Internet. According to
mony—those artifacts that The conference was Ms. Roussin,
belong to a country’s collec- funded by the Jacob Burns “My work, and
tive identity. Prof. David Institute for Advanced a discussion
Rudenstine moderated the Legal Studies, The J. Paul with Prof. Lucille Roussin
panel and presented his Getty Trust, The Samuel H. Malvina Hal-
recent research on the Kress Foundation, The berstam, inspired me to set vant international law, the
Elgin Marbles, putting in Reed Foundation, Inc., and up this clinic. The number development of internation-
question the validity of The Andy Warhol Founda- of students wishing to par- al cultural property agree-
England’s legal right to tion for the Visual Arts. ticipate shows there is enor- ments, and legal issues
have taken and kept the mous interest in this field.” specific to World War II.
marbles that Lord Elgin Competitively selected Students also discussed
removed from the Cardozo Establishes students were placed at the their field work and com-
Parthenon, perhaps without Holocaust Claims Holocaust Claims Proces- pleted independent
permission. (See page 25.) sing Office, at agencies, and research. Experts in the
Restitution Clinic
The final discussion, with private attorneys fields of insurance litiga-
moderated by Daniel investigating and pursuing tion, Russian trophy art,
Shapiro, adjunct professor, The first Holocaust Claims insurance and other claims and slave labor issues were
looked to the future and Restitution Clinic at an of Holocaust victims. A guest lecturers.
how the Internet and com- American law school was required seminar surveys Ms. Roussin’s area of
puters may change the founded this spring at historical approaches to expertise is cultural proper-
landscape for museums and Cardozo and is supervised pillage and restitution, rele- ty—she holds a Ph.D. from
Columbia University in art
history and archeology. In
the 1980s, she taught art
history at Stern College for
Women, Yeshiva College,
and Sarah Lawrence
College. In 1992, when Ms.
Roussin heard a talk at the
Association of the Bar of
the City of New York about
Students in Adjunct recovering cultural proper-
Professor Justin ty, she decided to go to law
Hughes’s course, Law school. Upon graduating,
of Cyberspace, were she became an associate at
treated to a surprise Herrick, Feinstein, where
when New York State she worked on cultural
Attorney General property issues for three
Eliot Spitzer showed years.
up to teach class.
Students Honor Ambassador Holbrooke
Ambassadors from Japan, Chile, Brazil, Israel, Portugal, family fled Bolshevik Russia, and his wife and her family
Egypt, and Hungary, consul generals, the media, students, are refugees from Hungary. In addition, his work as a for-
and faculty packed the Jacob Burns Moot Court Room to eign service officer in Vietnam and as assistant secretary
present Ambassador Richard C. Holbrooke, US permanent of state for East Asian and Pacific Affairs under President
representative to the UN, with Carter introduced him to the
the inaugural International full dimensions of the
Advocate for Peace Award. refugee issue. He has also
Students from the Cardozo served on the board of the
Online Journal of Conflict International Rescue
Resolution and the Inter- Committee and as chairman
national Law Students of Refugees International.
Association collaborated to His speech was a call to
create the annual award to action to recognize and
recognize and encourage the develop a system for aiding
efforts of those in the inter- those who are refugees with-
national dispute resolution in their own borders. He
community. Ambassador noted that the international
Holbrooke was selected for community officially recog-
his work promoting humani- nizes as refugees those who
(From right) , Tiiu Gennert ’00, Peggy Sweeney ’01, and Leila M. Zubi
tarian conditions and peace- cross national borders,
’00 present Ambassador Richard Holbrooke with the International
ful resolution to armed con- which makes them eligible
Advocate for Peace Award.
flict, especially for his media- for assistance from the
tion in Kosovo. The event was co-sponsored by Cardozo’s UN High Commission for Refugees (UNHCR) and other
Center for Professional Development and the New York organizations.
State Bar Association. Internal refugees—more than 21 million—suffer the same
Ambassador Holbrooke used the occasion to make a degrading and unsafe conditions as international refugees,
policy statement regarding internally displaced persons, or yet are virtually ignored. He proposed that the internation-
internal refugees. He explained that the plight of refugees al community officially recognize these people as refugees
is a subject with which he is familiar. His mother, who and that the UN appoint the UNHCR as the lead agency to
attended the ceremony, fled Nazi Germany, his father’s coordinate relief and protection for these victims.

John Marth ’00 recipients $37,500 per year, tice, and, if not to win the who have come out on the
Named Skadden provides benefits, and battle, then at least to help losing end far too long.”
makes law school loan pay- even the odds for those The Skadden Fellowship
Fellow ments for the was started in 1989 by the
duration of the law firm Skadden, Arps,
For the first time, a Cardozo fellowship. Slate, Meagher & Flom.
student was awarded the John, who Each year 25 recipients,
highly competitive Skadden intends to pursue who come from the
Fellowship. John Marth ’00 a public interest nation’s most selective law
was selected from a pool of law career, said, schools, are chosen for
hundreds of applicants to “I believe that I their academic records and
participate in a two-year can do something commitment to public
program doing public inter- significant to interest work. A foundation
est legal work. The Skadden relieve suffering, advisory committee of part-
Fellowship Foundation pays to prevent injus- ners, Susan B. Plum, direc-
tor of the Skadden Fellow-
ship Program, and the
Board of Trustees oversee
the selection process. Ms.
Plum remarked, “We were
impressed with John’s
extensive history of public
interest work, the fact that
he lives in the community
he will serve, and his drive
to set up a full-time legal
clinic in the soup kitchen
that he helped found and is
a board member of—he is
taking his involvement to
another level. John is a par-
adigm of the Skadden Each year over 100 students and more than 200 visiting faculty participate in Cardozo’s
Fellow. Quite frankly, we Intensive Trial Advocacy Program (ITAP). Students learn how to do opening statements,
were dazzled by him.” cross-examinations, closing arguments and all phases of criminal and civil trials. The
In September, John will visiting faculty give demonstrations and student critiques (above) from which the
establish a full-time legal students learn effective techniques and have the opportunity to view different court-
clinic under the sponsor- room styles. At the end of two weeks, students prepare and present bench and jury
ship of the Urban Justice trials before a practicing judge. Typically, students say that ITAP is one of the most
Center (UJC), an organiza- intense and rewarding law school experiences.
tion offering free legal ser-
vices to poor people.
Specifically, he will provide
direct representation of
low-income residents in
Bronx Housing Court, help
clients who have exhausted
their welfare administrative
appeals, and educate peo-
ple about welfare and hous-
ing rights, providing skills
for self-empowerment.
Dean Verkuil said, “John’s
commitment to justice
brings distinction not only
to him, but to the Law
School as well. We hope At “Artifical Intelligence and Judicial Proof,” an international group of panelists
many students will be explored the nature and mission of artificial intelligence and its contributions to the
inspired by his example.” study and practice of forensic investigation and proof. Participants included (from left)
Public interest work has Kola Abimbola, research fellow, Amherst College; Prof. Paolo Garbolino, Scuola Normale
played an important role in Superiore; Paul Snow, statistical consultant; Prof. Marianne Belis, École Central d’Élec-
John’s life. He volunteered tronique; Prof. David Schum, George Mason University; and Prof. Marilyn MacCrimmon,
in a shelter for homeless University of British Columbia. Other panelists were Prof. Ward Edwards, University of
women, helped refugees in Southern California; Prof. Ronald Howard, Stanford University; Prof. Kathryn Laskey,
El Salvador rebuild their George Mason University; Tod Levitt, president, Information Extraction & Transport, Inc.;
community, was a case- Prof. David Poole, University of British Columbia; Prof. Glenn Shafer, Rutgers University;
worker in a shelter for Prof. Vern Walker, Hofstra University School of Law; and Cardozo Professors Melanie
elderly homeless in NYC, Leslie and Peter Tillers. The event was co-sponored by the Cardozo Law Review and the
interned at the UJC, and Jacob Burns Institute for Advanced Legal Studies.
for many years helped a
small soup kitchen, Part of
the Solution, grow into a
well-established, multiser-
vice organization.
John was a Mack Scholar
and participated in the Bet
Tzedek Legal Services
Clinic. He stressed the sup-
portive roles of Professors
Paris Baldacci, Toby Golick,
and Leslie Salzman. “They SBA AUCTION RAISES $47,000 FOR PUBLIC INTEREST STIPENDS
helped me gain the legal At the 8th Annual Goods and Services Auction, Cardozo raised $47,000 for public interest
expertise I needed to stipends, which allow students to take public interest summer internships that pay no salary.
undertake this project.” Live and silent auction items brought in more than $22,000, and Melvin I. Weiss, parent of
alumnus Stephen Weiss ’90, gave $25,000, the largest single gift ever given to the auction.
Moot Court Wins Guest auctioneer Ricky Kleiman (above), Court TV commentator, kept the bidding fast and

Top Honors energetic. Auction items included meals with faculty members, tickets to sporting events and
theater performances, and bottles of vintage wine. A winning bid of $1,200—the highest of
the evening—was made by six students for dinner with Prof. Stewart Sterk.
The Moot Court Honor
Society had a memorable
year, winning top honors in
two major competitions. Competition; they also won Erin Naftali ’00 advanced to and Jason Halper ’01 ad-
Aglaia Davis ’01 and Seth best appellee’s brief. At the the quarterfinals. At the vanced to the quarterfinals.
Kaufman ’00 were the win- Fordham Securities Law Nassau Constitutional Law
ning team at the Widener Competition, Erin Naftali Competition, Jennifer Loyd Employment Stats are
University School of Law ’00 won best oralist in the ’01 and Lisa Tuntigian ’01 Good for Class of ’99;
Competition in March. The preliminary rounds, and the won both best brief and sec-
Salaries Up
team of Alan Gotthelf ’01 teams of Christophe diFalco ond place. At the Wisconsin
and Sonny Chehl won the ’01 and Joshua Reitzas ’01 Constitutional Law Com-
AIPLA Northeast Regional and Pamela Cheong ’01 and petition, Pete McHugh ’01 With only seven alums not
reporting, 97.4% of the
Class of ’99 is employed at
an average salary of $74,141.
This is a significant in-
crease over the preceding
year and does not include
recent salary “bump-ups” at
larger firms. Jacquelyn
Burt, assistant dean, Center
for Professional Develop-
ment, noted, “The high
cooperation from our alums
is significant and validates
our statistics.” Of particular
interest to note from this
Judy Saffer, assistant general counsel, BMI (center), is shown here with members of the Moot Court year’s data survey is an
Honor Society: (from left) Jisoo Lee ’01; Deborah Rubino ’00; Jennifer Davis ’00; Danielle Attias ’00; Sarah improved “at/before” gradu-
Opatut ’00; Arti Tandon ’00; Jody Sharp ’01; Nancy Abdelrahman ’01; Michael Hoffman ’00; and Jaimie ation rate of 75.3% and that
Rothman ’00. The Honor Society organizes the annual Cardozo/BMI Entertainment and Communications the Class of ’99 employ-
Law Moot Court Competition. More than 20 teams from law schools around the country compete each ment pattern reflects the
year. BMI is dedicated to the protection of the rights of writers, composers, and publishers of music. nationwide trend showing a
BALLSA Completes Active Year

T
he Black, Asian, and Latino
Law Students Association
(BALLSA) played a significant
role in enhancing campus life this
semester. Students invited prominent
political figures to campus, organized
panels and art shows, and hosted sev-
eral parties. BALLSA and the Law &
Politics Society hosted civil rights
leader Rev. Al Sharpton; the pastor of
Riverside Church, Reverend James
Forbes, Jr.; NYCLU executive director Dr. Lenora Fulani (back row center), former US Independent
Norman Siegel; and attorney Colin Party vice presidential candidate, is shown with students
Moore at “The Aftermath of Diallo: (from left, back row) Marcus Ferguson ’01; Khalilah Taylor
The Case for Federal Intervention and ’01; Vivian Walton ’01; Ryan Sharpe ’00. (Front row)
Comprehensive Police Reform.” The Tamecca Greene ’02;
panel was a call to action to end racial Marian Schand ’00,
profiling by the police department and BLSA president;
to propose policy and legislation for Tracey Cosby ’00
police reform.
Earlier in the semester, former vice- Rev. James Forbes, Jr.
presidential candidate Lenora Fulani
spoke about “Ending Minority Politics
Norman Siegal, Esq.
as a Key to Black Political Power.” The
event was televised by C-Span. Judges
L. Priscilla Hall, New York State
Supreme Court, and Charles Tejada,
New York State Court of Claims; Etta Rev. Al Sharpton
Ibok ’93, attorney in employment law;
Maria Celis ’99, associate, Neville, Paul Wong ’00,
Peterson & Williams; Vivian Lee APALSA president,
Brady, associate, Kramer Levin Naftalis welcoming students
& Frankel; Nouko Kumada-Lawrence, to art opening
associate, Proskauer Rose; and Prof.
Terry Smith, Fordham Law School
were panelists at “Race in the Legal Students and artists at the LALSA art exhibit
Profession.”
BALLSA sponsored a Black History
Month Art Exhibition, “Arcoiris: A
Latin American Art Expo,” and an
inaugural art show by the Asian Pacific
American Law Students Association,
“Winds from the East: A Contemporary
Vision.” Social evenings included a ’70s
Saturday Night Fever party, a reggae
party, a Caribbean Festival, a Chinese
New Year celebration, and the Annual
Alumni Reunion Dinner.
decrease in private practice
and an increase in business
and government jobs. Of
those graduates reporting
employment in private prac-
tice (55%), 51% are in firms
Joshua Greenberg ’00 (left), Andrew of 51 or more attorneys.
Berkowitz ’00, and Joshua Fine ’00
(seated) were among the stars in the
Y2K Law Revue Show, “I’m Here to Squadron Symposium
Be a Millionaire,” which featured Explores Key Issues of
comedic performances by students,
the Internet
faculty, and the dean.

Practitioners and academics


addressed issues of privacy,
online anonymity, e-com-
merce, and communica-
tions policy at the sympo-
Peggy Sweeney ’01 sium “Legal and Social
and Ryon Fleming ’01 Implications of Trusted
shown here with Judge Systems and Hardware
Paula Pace, a NY-area Identifiers.” Speakers
mediator and trainer, included Lorrie Cranor,
were one of the two Information Systems and
winning teams at the Services Research Labora-
2000 ABA Advocacy tory, AT&T Labs—Research,
in Mediation and chair, “Computers,
Competition, beating Freedom, and Privacy 2000”
Columbia, CUNY, Conference; Donald
Fordham, and NYU. Hawthorne, associate, Paul
Weiss, Rifkind, Wharton &
Garrison and Cardozo
adjunct professor; Scott
Kurnit, founder and CEO,
About.com, Inc.; and
Jonathan Weinberg, Squad-
ron Scholar-in-Residence,
and professor of law, Wayne
State University School of
Law. The symposium was
cosponsored by the Howard
M. Squadron Program in
Law, Media and Society; the
Cardozo Arts & Entertain-
ment Law Journal;
More than 300 guests attended “Application of the Noahide Code to Contemporary Programme in Comparative
Social Problems.” The big crowd reflected the resurgent interest in this ancient set of Media Law and Policy at
basic legal and moral principles among the clergy, academics, and, most notably, the Oxford University; and
wider public. The symposium was sponsored by Cardozo’s Leonard and Bea Diener Insti- Young Lawyers Committee
tute of Jewish Law and the Tree of Life Society. Panelists included (from left) Rabbi Alter of the Intellectual Property
Metzger, Rabbi Israel Chait, Rabbi Michael Katz, and Dr. Aaron Lichenstein. Rabbi Yoel Law Section, New York
Schwartz, Nakum Rakover, and Cardozo Professor Rabbi J. David Bleich also participated. State Bar.
Morris B. Abram: In Memoriam

M
orris B. Abram was an American original. About of them were great buddies. I can only imagine the cajol-
30 years ago I worked with Morris at Paul, ing that went on between them to get Monrad here from
Weiss, Goldberg, Rifkind, Wharton and Garrison. the University of Virginia.
He was a terrific mentor—never ruffled, open to sugges- Morris had a remarkable academic record. He was the
tions, and always eager to talk about first Rhodes Scholar from the Univer-
the issues of the day: Vietnam and sity of Georgia, class of 1938, and went
civil rights, of course, dominated the to Oxford in 1947, just after the war
“classroom.” As a litigator, Morris ended. Despite his then-controversial
never overprepared. I vividly remem- civil rights activities, he was a revered
ber briefing him on a case as we went alumnus of Georgia even as he later
by taxi to the Appellate Division, First became a citizen of the world.
Department, for oral argument. At The many highlights of his career
first, I thought, he was testing me (did include serving as a prosecutor in the
I know the case?); but I soon realized I Nuremberg trial, as UN Ambassador
was testing him by preparing his oral for Human Rights, and as the first
argument points. Such moments were general counsel of the Peace Corps.
anxiety producing, but, nonetheless, What a rich and varied career these
knowing Morris was a memorable posts evoke. He serves as the very
experience for a young lawyer. model of a committed and productive
When I became dean at Cardozo, lawyer, the kind we aspire to produce
Morris was emeritus on the Board of at Cardozo.
Directors and living abroad, so I did Let me close by quoting from the
not get to see him. When he died on citation that accompanied the hon-
March 16, 2000, I was distressed that orary doctor of laws degree given to
we had not reconnected after so many years. him at Yeshiva University’s commencement on April 11,
Morris was the first chair of the Cardozo Board of 1976, the year Cardozo opened its doors:
Directors, selected by President Samuel Belkin when the “As a distinguished attorney and lifelong champion of
law school was still a gleam in Yeshiva’s eye. I am sure causes for the underprivileged, your dedication and
Morris was instrumental in securing Monrad Paulsen as integrity have greatly enhanced the dignity of the practice
our founding dean. They had been law school roommates of law.”
at the University of Chicago in the early ’40s, and the two Amen. —Paul R. Verkuil, Dean

(From left) Cardozo’s first dean, Monrad Paulsen, Dr. Norman Lamm, John Trubin, Herbert Tenzer, Morris Abram, and Charles Bassine
AUGUST 28
Fall Semester Begins

OCTOBER 11
All Class Reunion

OCTOBER 16
Law & Humanism Lecture
Jacques Derrida
LIFE
A P U B L I C AT I O N O F
BENJAMIN N. CARDOZO

Cardozo
S C H O O L O F L AW
JACOB BURNS INSTITUTE FOR
A D VA N C E D L E G A L S T U D I E S
Y E S H I VA U N I V E R S I T Y

SUMMER 2000
INFORMS Roundtable Winter Meeting Preliminary Agenda
THEME: “OR in the Service Industry”
February 22-23, 2004
Coronado Springs Resort/ Yacht Club
Walt Disney World
Orlando, Florida

Sunday, February 22

11:00 AM Epcot – Mission: SPACE - Utilize FASTPASS technology at Disney’s newest


“E-Ticket” attraction. Please meet at the flagpole just outside the turnstiles of
Epcot at 11:00 AM. Everyone will enter the park together and experience the
ride. Enjoy the rest of the afternoon at our leisure.

5:00 PM Reception

6:30 PM Dinner

7:45 PM Roundtable Meeting Kickoff

8:00 PM Importance of IE & OR at Walt Disney World

Kathy Kilmer, Director of IE, Walt Disney World


The Industrial Engineering Department at Walt Disney World (WDW) has evolved from
a group of 4 engineers supporting the Facilities Division in 1971, to over 40 engineers
supporting the entire WDW property. In this presentation, Kathy Kilmer will provide an
overview of the Industrial Engineering Department at WDW. She will discuss the
history, organizational structure, and competencies that make IE the competitive
advantage of WDW. Kathy will also provide perspective on the value IE and OR
generate on an ongoing basis at WDW.
Kathy Kilmer is the Director of Industrial Engineering for Walt Disney World in
Orlando. In this role, Kathy leads a team of 50 Industrial Engineers supporting every
aspect of the property from the Magic Kingdom to Resorts, the Transportation line of
business, Disney Cruise Line, etc. She is also responsible for ensuring that consistent
methodologies and analysis are utilized at all Walt Disney Theme Parks and Resorts,
inclusive of Disneyland Resort in California, Hong Kong Disneyland, Tokyo Disney
Resort, and Disneyland Resort in Paris. Kathy is also on the advisory board for

1
University of Central Florida's IE school and the community service board for
Community Coordinated Care of Children (4Cs). She has a BSIE from Purdue
University, an MSOR from the University of Central Florida, and an MBA from
University of Central Florida's Executive Program.

Monday, February 23
8:00 AM Continental Breakfast

8:30 AM Roundtable Introductions

9:00 AM Transportation Modeling at Walt Disney World

Ron Dupuis, Staff Industrial Engineer, Walt Disney World


With a fleet of over 250 busses supporting the transportation needs of Walt Disney World
(WDW) Guests, efficient routing of busses has become a highly complex problem at
WDW. OR techniques are currently being utilized to solve the problem of efficiently
deploying WDW busses, while providing the outstanding levels of Guest service Disney
is famous for. In this presentation, Ron Dupuis will provide an overview of modeling
efforts aimed at optimizing bus transportation at WDW.
Ron Dupuis is a Staff Industrial Engineer for Walt Disney World in Orlando. In his
current role, Ron supports Transportation Operations. He is responsible for the design
and development of labor, fleet allocation, routing and scheduling models. He has a
BMATH & MMATH (Combinatorics & Optimization) from the University of Waterloo,
and a Ph.D. in Industrial Engineering (Operations Research) from SUNY at Buffalo.

10:00 AM Break

10:15 AM Mission Space Simulation Modeling

Dan Soto, Manager of IE, Walt Disney World


Mission Space is Disney’s newest “E-Ticket” attraction at Walt Disney World (WDW).
Throughout its 4+ years in development, Walt Disney Imagineering partnered with
Industrial Engineering and Operations to design an attraction that was both spectacular
and efficient. In this presentation, Dan Soto will highlight how simulation modeling was
utilized to ensure this attraction reaches maximum throughput and delivers on the needs
of one of Disney’s most complex Guest flow attractions.
Dan Soto is a Manager of Industrial Engineering for Walt Disney World in Orlando. In
his current role, Dan leads a team of Industrial Engineers supporting the Disney
Reservation Center, and a strategic Walt Disney World initiative called Destination
Disney. Dan is also responsible for coordinating Industrial Engineering's involvement
with external societies and educational institutions. He has a BSIE from the University
of Florida, and is currently nearing completion on his MBA from the University of
Central Florida.

2
11:15 AM Revenue Management Applications at Walt Disney World
Phil Hoang, Manager of Decision Science, Walt Disney World
Revenue Management is fast becoming an integral discipline in many Walt Disney World
lines of business. In this presentation Phi Hoang will walk you through the evolution of
the revenue management discipline at Walt Disney World, and the approaches and
techniques used to extend revenue management into other Disney lines of business.
Phi Hoang is the Manager of Decision Science for Walt Disney World Revenue
Management in Orlando. In his position, Phi leads a team of Operations Research and
Decision Support Analysts, responsible for developing and validating
forecast/optimization models and identifying revenue management applications to
multiple Disney lines of business. Phil has an MBA from the University of Houston and
prior to joining Disney worked for Ernst & Young.

12:15 NOON Lunch

1:30 PM The Birth of FASTPASS

Brian Betts, Manager of IE, Walt Disney World


Disney’s FASTPASS® is a free service offered to Walt Disney World (WDW) Guests at
over 20 attractions in all 4 theme parks. It is a virtual queuing system that provides a
reduced wait time by having Guests return to an attraction during a prescribed window of
time. In this presentation, Brian Betts will provide insight on how the idea was born, its
evolution, and how Industrial Engineers have provided analytical support to bring this
concept to life.
Brian Betts is a Manager of Industrial Engineering for Walt Disney World in Orlando.
In his current role, Brian leads a team of Industrial Engineers that support property-wide
Operations and global Project Development. Specifically, his team supports Resort
Operations and the Attraction Line of Business, which includes Disney's FASTPASS.
Brian has worked with Walt Disney World for the past seven years, and has a BSIE from
North Carolina State University.

2:45 PM Break

3:00 PM Why OR Systems Fail

Jack Levis, Director, Package Process Management, UPS

O.R. systems hold enormous potential for improving the productivity/profitability of any
organization. Yet, not many organizations are rushing to integrate O.R. systems in their
business processes. Part of this hesitation may be attributed to the difficulty that firms
face in implementing O.R. systems. The talk will address the factors that are crucial to
the success of any O.R. system.

3
Jack Levis, Project Portfolio Manager, is responsible for providing operational
technology solutions. The projects that Jack’s group manages have reengineered current
systems in an effort to streamline processes and maximize productivity.

Under Jack’s direction, UPS has completed integration of multiple operations systems,
requiring extensive system engineering and usability provisions. These systems
ultimately synchronize the flow of data throughout UPS, allowing the seamless
movement of goods, funds and information.

Jack’s current role is a natural progression from his prior positions. Since joining UPS in
1976 as a package sorter, Jack has worked as a manager in multiple operations, an
engineering section manager, and region transportation planner. In his position as region
planning manager, Jack was responsible for the redesign of the Pacific Region
transportation plan, resulting in UPS saving of over $30 million per year.

Having earned his Bachelor of Arts in psychology, from California State University
Northridge, Jack also holds a Master’s Certificate in Project Management from George
Washington University.

In his spare time, Jack enjoys baseball, playing softball, skiing, home electronics and
Corvettes. He currently lives in York, Pa. with his wife and four children.

7:00PM Informal networking dinner (Dutch Treat) Location to be determined.

4
Did Elgin
Cheat at Marbles?
hen I answered my hotel tele-

W
phone, the desk clerk said that my
translators were waiting for me. I
went downstairs quickly. After we
had introduced ourselves, I expand-
ed on what I had previously written
them—that I wanted to find what-
ever I could about Lord Elgin’s taking of the
Parthenon marbles during the first decade of the 19th
century. Within minutes we set off for the archives of
the Ottoman Empire, walking through Istanbul’s nar-
row, winding streets, across the historic Hippodrome
and past the breathtaking Blue Mosque, the monu-
mental Hagia Sophia, tantalizing restaurants and
innumerable eye-catching rug stores. Within 30 min-
utes we arrived at the archival center, a low-lying,
drab, post-World War II rectangular building.
I had made careful arrangements through an
American lawyer with the director of the archives so
that I, as a foreigner, would be given immediate
access to the archives and not have to wait the cus-
tomary two days while my application was processed.

This article is reprinted


with permission from the
May 29, 2000 issue of
The Nation, where it
appeared in a slightly
longer version. David Rudenstine
Dr. Herman George & Kate Kaiser Professor
http://www.thenation.com of Constitutional Law
D ID EL G IN C H EAT AT M A R BL E S?

But as luck would have it, the director was unexpectedly ference last year at the British Museum, which focused
in Ankara for a few days of meetings and his assistants on the improper and subsequently concealed cleaning—
knew nothing of my coming. Yet after an hour of con- really scraping—of the marbles in the 1930s, became a
versation, telephone calls and a review of letters, I and forum for swapping charges and countercharges among
my Turkish Ottoman translators were permitted access those supporting retention or return, with the Greek rep-
to the main reading room. We settled into some free resentatives eventually walking off in anger.
desks, located the indexes to the archives and com- The battleground over the marbles sweeps broadly
menced working. This effort continued on and off till the across legal, moral, ethical, and historical considerations.
end of June 1998. Subsequently I visited the Public Those defending the taking and the retention of the mar-
Record Office in London, and I bles make several tenuous claims: Lord Elgin had impec-
consulted with archivists at cable legal title to the marbles because the Ottomans,
Parliament as I searched for who ruled Greece at the time, gave him permission to
additional documents bearing take them; Britain deserves the marbles because Elgin’s
…the great museums on Lord Elgin’s taking of the taking of them preserved them from looters, collectors
world’s greatest collection of and air pollution; the marbles are now part of its patri-
of the industrialized classical Greek sculptures and mony; they are more accessible in London than they
the celebrated dispute be- would be if they were in Athens; Greece is not prepared
West cannot turn tween Greece and Britain over to take adequate care of the marbles; and returning them
whether the British Museum would set a bad precedent, resulting in the emptying of
a deaf ear to all claims should return the marbles to exhibition halls of the world’s great museums.
Athens. Acrimonious as the The claims of those favoring return have been com-
debate has been, when one parably strenuous: The Ottomans lacked moral authori-
for the important scrutinizes its historical prem- ty to alienate public monuments; the removal of the
ises for what gave rise to them, marbles caused irreparable damage to the structure of
remains of a heritage what is to be found is, to say the Parthenon; the return of the marbles to Athens will
the least, surprising. facilitate scholarly study; Greece is prepared to protect
merely because such The fabulous marbles, and preserve the marbles; and the great museums of the
sculpted during the age of industrialized West cannot turn a deaf ear to all claims
Pericles under the guiding for the important remains of a heritage merely because
claims threaten hand of Phidias out of fine such claims threaten established collections.
white Pentelic marble quar- As complicated and wide-ranging as this debate may
established collections. ried 10 miles from Athens and be, both sides have taken as a starting point the assump-
hauled by oxcart to the Acro- tion that the Ottomans gave Elgin permission to remove
polis, remained on the high the marbles. After so many years of debate and animos-
walls of the Parthenon until ity, it may be hard to imagine that there is anything new
the first decade of the 19th century. At that time, a peri- under the sun to say about this highly significant issue.
od of severe international disorder because of the But there is, and what is new is no small matter. Indeed,
Napoleonic Wars, the marbles were removed and as things turn out (and as somewhat surmised by
shipped to London at the behest of Thomas Bruce, sev- Christopher Hitchens in his book The Elgin Marbles) the
enth Earl of Elgin and eleventh of Kincardine and the assumption shared by advocates on both sides of the
Ambassador Extraordinary and Minister Plenipotentiary debate—that the Ottomans gave Lord Elgin permission
of His Britannic Majesty to the Sublime Porte of Selim to remove the marbles—is no more than a grand illusion.
III, Sultan of Turkey in Constantinople. The story preferred by the defenders of how Lord
Since then, Elgin’s controversial taking has frequent- Elgin obtained the Parthenon marbles goes something
ly been both criticized and defended by poets, artists, like this: Lord Elgin was dedicated to improving aesthet-
cultural leaders, politicians, diplomats, lawyers, and aca- ic tastes in England and to saving the Parthenon marbles
demics. Only recently, these marbles have again cap- from destruction wrought by travelers who wanted them
tured international attention. A year ago, the European as trophies for their manors and Ottoman troops who
Parliament urged Britain to return the collection, and at used them for target practice and mortar. Taking advan-
the end of 1999, President Clinton offered to mediate tage of Ottoman solicitude toward Britain in the wake of
Greece’s demand that Britain return the marbles. A con- the 1801 British defeat of the French forces in Egypt,
D ID E L GI N C HE AT AT MA R B L ES ?

then part of the Ottoman Empire, Lord Elgin asked the the Parthenon marbles from him. (Parliament went on
highest officials in Constantinople for permission to to vote, 82 to 30, to buy them and give them over to the
remove the marble statuary from the Parthenon. British Museum.) The Parliament report presents this
Because the Ottomans were eager to have Britain return document as an accurate English translation of a July
control of Egypt to them, the Ottomans, who had for 1801 Ottoman document that, according to Elgin, autho-
decades denied the French, their ally, these exquisite rized the removal of the marbles. Elgin told the commit-
sculptures, quickly consented to the British ambas- tee that the original Ottoman document was given to
sador’s request. If Elgin exceeded the authority given Ottoman officials in Athens in 1801. Yet no researcher
him by taking marbles from the Parthenon walls—the has ever located this Ottoman document, and when I
metopes, the friezes and the free-standing statuary—as was in Istanbul I searched in vain for it or any copy of it,
opposed to marble statuary on the ground or unearthed as well as for any reference to it in other sorts of docu-
through excavation, Ottoman authorities subsequently ments or a description of its substantive terms in any re-
approved of and condoned Elgin’s stripping of the mar- lated official papers. Although a document of some sort
bles. Although it has been unchallenged for the better may have existed, it seems to have vanished into thin air,
part of two centuries, there is little truth to this story…. despite the fact that the Ottoman archives contain an
The British claim that the Ottomans gave Lord Elgin enormous number of other documents from the period.
prior permission to denude the Parthenon relies on an
English document printed in the appendix of an 1816 After having been stored in an underground tunnel for safety
report of a parliamentary committee convened to evalu- during the Second World War, the Elgin Marbles were reinstalled
ate Elgin’s request that the British government purchase in The British Museum galleries.
D I D E L G I N C H E AT AT M A R B L E S ?

Putting aside for the moment the all-important ques- evidence it could pertaining to the strength of Lord
tion of just what activities this English document might Elgin’s legal claim to the marbles, Parliament actually
have authorized Lord Elgin to carry out, there are seri- misled the public about the evidence it had concerning
ous questions about the authenticity and reliability of the authenticity of the document. The English docu-
this historically prominent piece of paper. The parlia- ment printed on page 69 of the committee’s report has at
mentary record reveals that it was not Elgin himself but its end the following words: “(Signed with a signet.)
a young clergyman who worked for him, the Rev. Philip seged abdullah kaimacan.”
Hunt, who claimed that he had a copy of the 1801 The plain suggestion inherent in the placement of
Ottoman document. Hunt, who appeared as the com- this line at the end of the text in the report is clear: that
mittee’s very last witness, told the committee that he the document examined by the committee had a signet
had an Italian translation of the Ottoman original in and was signed by the Acting Grand Vizier at the time,
Bedford, about 60 thus giving it legal
miles north of Lon- force and legitima-
don. He explained cy. But the docu-
that he did not have ment examined by
the document with the committee—one
him because, when purportedly trans-
he left Bedford, he lated from an Italian
did not know he document that was
was going to be a supposedly translat-
witness. The record ed from an Ottoman
also indicates that original—did not
the English docu- have a signet or sig-
ment printed in the nature on it at all.
report was forward- Moreover, St. Clair
ed to the parliamen- has told me that the
tary committee by Italian document he
Hunt, and that the possesses has no
committee never signet either, nor is
The Elgin Marbles are on display at The British Museum
saw the Italian it even signed.
translation that Hunt claimed to possess. Thus, As much as these considerations undermine the legit-
Parliament never assured itself that the English docu- imacy of this highly touted document, it has another
ment sent by Hunt was a faithful translation of the flaw, this one deadly. The English-language document
Italian document. A contemporary British historian, Hunt submitted to Parliament was not a completely
William St. Clair, who recently published a third edition faithful English translation of the Italian document Hunt
of his biography of Lord Elgin, claims to possess Hunt’s said he possessed. The first sentence of the second para-
Italian document and vouches for the accuracy of the graph of the text provided to Parliament by Hunt and
English translation. printed in the committee’s report begins with the fol-
Nonetheless, the failure of Parliament, which was lowing words: “We therefore have written this Letter to
running a worldwide empire at the time, to secure you, and expedited it by Mr. Philip Hunt, an English
Hunt’s Italian document, to obtain a verified copy of the Gentleman, Secretary of the aforesaid Ambassador, in
Ottoman document in Athens, or to secure a statement order….” But St. Clair has written that the Italian docu-
from Ottoman authorities in Istanbul that Lord Elgin had ment he has actually indicates: “We therefore have writ-
been officially allowed to remove the marbles certainly ten this letter to you and expedited it by N.N., in order….”
suggests that it was not all that eager to get to the bottom St. Clair does not perceive any significance in this dis-
of this crucial question. In short, by failing to investigate crepancy. Perhaps he is correct. But that seems unlikely.
with due diligence, Parliament protected itself from The difference is so peculiar that it was certainly not
gaining more confidence about what actually happened accidental. No one would mistakenly substitute “Mr.
and from obtaining documents that might support (or Philip Hunt, an English Gentleman, Secretary of the
disprove) its findings of fact. aforesaid Ambassador,” for the letters “N.N.” Moreover,
In addition to its startling failure to secure the best the context in which Hunt created the discrepancy sug-
D I D E L G I N C H E AT AT M A R B L E S ?

gests his reasons for doing so: By the time Hunt Athens but that he had an Italian translation of the orig-
appeared before the committee, it had questioned Elgin inal. During his testimony, Hunt did not explain how it
at some length about whether he had authority to was that he retained the Italian document for 15 years.
remove the marbles from the walls of the Parthenon. Nor did Hunt state how it was that Elgin had known
While Elgin consistently insisted he did have such nothing about it when he had testified nearly two weeks
authority, he also admitted that he had no papers to sup- beforehand.
port his claim. Thus, when Hunt testified, he knew that It is of course possible that Hunt possessed an accu-
the committee was seriously concerned about the lack of rate Italian translation of an original Ottoman document.
documentation authorizing Elgin to take the marbles, But look at the chronology: Elgin appears, denying ever
and it seems likely that Hunt having a copy—in any lan-
became a witness solely to pro- guage—of a relevant docu-
vide the documentation the ment. It is plain from his testi-
committee sought. When Hunt mony that he knows of none
forwarded the English docu- possessed by others; by the
ment to the committee, it time he completes his testimo-
would appear that he substitut- ny, however, he sees that the
ed “Mr. Philip Hunt, an English committee is eager to view
Gentleman, Secretary of the some sort of written authoriza-
aforesaid Ambassador” for tion for the removal of the
“N.N.” in the hope that the marbles from the Parthenon
alternative language would walls. In a fortnight, Hunt
shore up the authenticity of his appears and claims to have an
“evidence” and the circum- accurate translation of the orig-
stances as to how it was that he inal order. Is this chain of
alone came to possess the crit- events enough to make any-
ical document. In short, one a tad suspicious? There is
through the insertion of his no suggestion in the testimony
name, Hunt put himself in a as to how it came to pass that
position in which he could Hunt became a witness before
simultaneously vouch for the the committee.
authenticity of the document Let’s assume the authentici-
and explain why he alone had ty of the English document
a copy of it 15 years after he surrendered the original to printed in the committee’s report, for a moment, just to
Ottoman officials in Athens. take another approach to the issue. Did this document
Although these considerations are sufficient chal- authorize Elgin to remove marble statuary from the
lenge to the English document as a reliable basis for any Parthenon walls? The British claim that it did rests on a
legal claim by Britain, there is another factor that casts handful of words. They provide that no one should “hin-
an even darker shadow over the proceedings. During his der them [Elgin’s agents] from taking away any pieces of
testimony before the committee on February 29, Elgin stone with inscriptions or figures.” But by themselves
was questioned about whether the Ottomans gave him these few words fail to authorize removal of marble stat-
permission to remove the marbles. Elgin stated that the uary from the Parthenon edifice. Moreover, when they
Ottomans gave him written permissions more than are read in the context of the entire document, the asser-
once, but that he had “retained none of them.” At two tion that they permitted Lord Elgin to remove metopes,
other, separate moments during the examination, Elgin friezes, and statues from the Parthenon walls is specious.
denied having a copy of any document granting him per- The document describes the activities that Lord Elgin
mission. Hunt appeared before the committee on March wanted his workers to conduct, and those were limited
13. The committee’s second question to Hunt was, “Did to measuring, drawing, painting, excavating, and making
you ever see any of the written permissions which were molds. There is not one word in the document suggest-
granted to [Lord Elgin] for removing the Marbles from ing, intimating, or implying that Elgin sought permis-
the Temple of Minerva?” Hunt answered, “Yes.” He then sion to remove marbles from the walls. In addition, the
stated that the original document had been sent to document itself emphasizes to the local Ottoman offi-
D I D E L G I N C H E AT AT M A R B L E S ?

cials in Athens that they should honor the permission first metope. The next day they lowered a second.
given to Lord Elgin, “particularly as there is no harm in During the weeks following, Lusieri and his men low-
the said figures and edifices being thus viewed, contem- ered many other marble sculptures.
plated, and designed.” In short, even by its own terms, Lord Elgin was in Constantinople at the time and had
the 1801 document fails to support the claim that Elgin no idea that Hunt had secured permission from the
had good title to the marbles; it actually negates the idea Voivode in Athens to remove marbles from the Par-
that the Ottomans gave Elgin permission to remove thenon walls; nor did he know that metopes were low-
them. ered from the Parthenon in his name on July 31 or
Even Lord Elgin did not interpret any July 1801 August 1. In fact, Lord Elgin did not learn of this devel-
exchange with the authorities as granting him permis- opment until mid-August, when letters from Hunt and
sion to remove marbles from Lusieri arrived in Constantinople. Elgin’s glee in re-
the Parthenon walls. On July sponse to the news is captured in a letter he wrote to
10, 1801, just a few days after Lusieri dated October 8, 1801. He told Lusieri of his “infi-
he received the Ottoman di- nite pleasure” when he learned of the marbles and con-
rective, Lord Elgin wrote to fessed to Lusieri that taking marbles from the walls “now
Although possession Lusieri: “Besides, you have seems to promise success beyond our most ardent
now the permission to dig, and hopes.”
is often nine-tenths there a great field is opened As is evident, Elgin did not request or receive per-
for medals, and for the re- mission to remove the marbles, and seems to have had
of the law, this is mains both of sculpture and no prior intention of denuding the Parthenon. The deed
architecture.” What Elgin con- was initiated by Hunt—who 15 years later would pro-
one dispute in sidered “extraordinary” about duce for Parliament the document on which so much
the permission he had secured has since hinged—and made possible by intimidated and
was that his artists now had bribed Ottoman officials in Athens, who in any event
which more than permission to “dig,” or to exca- lacked authority to permit the desecration that en-
vate, which meant that they sued…. [And] the British ambassador’s agent at the time
possession matters. might discover buried marble gave bribes to Ottoman officials to facilitate the shipment
sculptures. If Elgin believed of the marbles out of Greece. Such bribes would seem to
that his men had been given a poison any claim of legitimacy that might otherwise be
green light to denude the imputed to permission to ship.
Parthenon of famous antiqui- Although possession is often nine-tenths of the law,
ties, he would have celebrated that power, not the this is one dispute in which more than possession mat-
prospect of digging for buried unknowns. ters. Because the longstanding Greek claim for the
Although this evidence alone is more than sufficient return of the marbles has broad international support,
to overcome the claim that the 1801 document gave the European Parliament’s being only the latest and
Elgin prior permission, there is yet more. In July 1801, most prominent, Britain has never defended its posses-
Elgin sent the young minister Philip Hunt to Athens. sion of the marbles by claiming that it is keeping them
When Hunt arrived, he promptly visited the Voivode, the merely because it prizes them. Instead, Britain has con-
local Ottoman official. Using threats and bribes, he per- sistently tried to strengthen its political position by
suaded the Voivode to permit Elgin’s artists to enter the asserting that it has no moral or legal obligation to
Acropolis for the limited purposes of drawing, measur- Greece because the Ottomans gave Elgin permission to
ing, painting and molding. A few days later Hunt met make off with Phidias’ handiwork….
the Voivode again and, struck by the Voivode’s favorable Of course, the conventional wisdom is that Britain
attitude toward Britain now that Britain controlled Egypt will never return the marbles. But few imagined that
and the degree to which the Voivode appeared intimi- Britain would surrender India to an old man clothed in a
dated by the power of the British ambassador (Lord sheet, either. The odds, from my point of view, are that
Elgin), Hunt then requested permission to remove a Britain will eventually repatriate the marbles to Greece,
marble sculpture from the Parthenon walls. The Voivode and when it does so, it will be acknowledging, whether
agreed. In the early morning of July 31, a ship’s carpen- it wishes to or not, that what was acceptable during the
ter, five crew members and twenty Athenian laborers age of empire must give way to the demands of an ever-
mounted the walls of the Parthenon and removed the shrinking world that aspires to the rule of law. ■
FACULTbYriefs

and its hard-working stu- 19th century. He will also


dents. He spoke informally teach a freshman seminar
with students in the called “Who Owns the
Innocence Project clinic a Past?” The fellowship pro-
few days later, and shared gram, a joint venture of the
experiences about life in Woodrow Wilson School,
jail and what it feels like to the University Center for
be free again. Human Values, and the
politics department, was
founded to promote the
Rudenstine Named interdisciplinary study of
Fellow at Princeton law and enrich the intellec-
tual life of Princeton
David Rudenstine has been students and faculty. The
named an inaugural fellow selection committee
in Princeton University’s chooses fellows on the basis
Program in Law and Public of the quality of their
Affairs. He will spend 2000- achievements and their
2001 at Princeton writing ability to benefit from the
Barry Scheck signs book for Suzanne Stone. Herman Atkins looks on.
Trophies for the Empire: activities of the program,
The Tale of the Parthenon the significance of their
Law School Hosts and the work of the Marbles, which is a history
Book Party for Innocence Project have of the dispute between David Rudenstine with
received an enormous Greece and Britain over Ashton Hawkins, executive vice
Scheck and Neufeld amount of positive publicity Lord Elgin’s taking of the president, Metropolitan
that is helping to educate Parthenon marbles in the Museum of Art
Students and faculty turned the general public about
out to fete Barry Scheck, flaws in the criminal justice
Peter Neufeld, and New system and the use of DNA
York Daily News columnist evidence. This, and the
and two-time Pulitzer Prize considerable number of
winner Jim Dwyer, on the overturned convictions, are
occasion of the publication influencing political leaders
of the book they co- and the public to reconsider
authored, Actual Innocence: the death penalty.
Five Days to Execution and Herman Atkins, whose
Other Dispatches from the conviction for rape was
Wrongly Convicted. The recently overturned after
book chronicles the harrow- 12 years in prison through
ing stories of innocent men the efforts of the Innocence
wrongfully convicted and Project, was at the recep-
tells of the heroic efforts to tion also. He expressed his
free them. Actual Innocence gratitude to the Law School
proposed contribution to helped organize, “Reports legal issues that
the purposes of the pro- from the Front Lines of the museum directors,
gram, and the contribution Art and Cultural Property trustees, collec-
they are likely to make in Wars.” And he wrote an tors, and dealers
the future to legal scholar- article published in The face in regard to
ship and practice. Nation and reprinted in this acquiring art and
In recent months, issue of Cardozo Life (see artifacts from
Professor Rudenstine has page 25). In addition, he countries other
spoken and written widely organized and moderated than their own.
on the topic of his recent with Ashton Hawkins, exec-
research. He participated at utive vice president and P R O FE S SI O NA L H O N OR S
the Center of European counsel to the trustees, The
Studies and Humanities Metropolitan Museum of During 2000–2001,
conference on “Repatriation Art, a roundtable discussion Monroe E. Price
of the Parthenon Sculp- at Cardozo entitled “Who is will be a member
tures: Historical, Cultural Entitled to ‘Own’ the Past? of the School of
DEN

and Legal Aspects” held in Collecting in the 21st Social Science, Institute logy. This spring in Geneva,
Athens under the auspices Century.” A distinguished for Advanced Study in he presented a study he
of UNESCO and the Hel- group of panelists and invit- Princeton. He will be one edited on “Information
lenic Ministry of Culture. ed guests participated in of a group of scholars focus- Intervention in Post-
He was a presenter at the this closed-door session, ing on the implications of Conflict Societies: Rwanda,
Cardozo conference he discussing the ethical and new information techno- Bosnia, Kosovo, and
Cambodia.” The study was
commissioned by UNESCO
Appointments in connection with World
Press Day. Professor Price
Marci Hamilton was named in January to the Thomas H. Lee Chair in Public Law. The has received a Ford
new Chair was established in honor of Mr. Lee, a Cardozo board member and founder Foundation grant to com-
and president of Thomas H. Lee and Company, who said, “Professor Hamilton has made plete a book on the subject.
major contributions to the fields of intellectual property and constitutional law. She He has also prepared a
honors the Cardozo community with her study of codes of conduct
dedication and scholarship.” on the Internet for the
Professor Hamilton has taught at Bertelsmann Foundation,
Cardozo since 1990 and is the director of including a proposed model
the Intellectual Property Law Program. She code. Earlier in the year, he
frequently litigates in appellate courts on was elected chair of the
cutting-edge constitutional and copyright Association of American
law issues and often testifies before Law Schools Section on
Congress and state legislatures. Three Mass Communication Law.
years ago she successfully argued the City
of Boerne case before the US Supreme Paul Verkuil received an
Court. This winter, Professor Hamilton rep- award from the College
resented arts organizations in the case of William and Mary
between the Brooklyn Museum of Art and for founding the Thomas
Marci Hamilton and Thomas Lee
the City of New York. She publishes and Jefferson Public Policy
lectures extensively and is often quoted in the media for her expert opinion. Last year, Program at the College.
she was a visiting scholar at Princeton Theological Seminary and Distinguished Visiting The citation refers to Dean
Professor of Law at Emory University School of Law. She delivered a lecture to the Verkuil, who was president
Cardozo community, “The Reformed Constitution,” on the occasion of her appointment of William and Mary from
to the Chair. At that event, Dean Verkuil noted, “Marci Hamilton is that most remark- 1985 to 1993, as “president,
able of law professors: omnicompetent and dazzlingly energetic.” advocate, visionary, and
supporter.”
form. He addressed 60 ten- In addition, his “Law-
ant advocates on “Landlord- Induced Anxiety: Legists,
Edward Stein Appointed to Faculty Tenant Litigation: Non- Anti-Lawyers and the Bore-
Edward Stein, who holds a Ph.D. in philosophy from Primary Residency and dom of Legality” was pub-
MIT, a J.D. from Yale, and a B.A. with highest honors Succession Rights” at a lished in Social and Legal
from Williams College, has been named associate seminar sponsored by the Studies; and “The Critic’s
professor of law. Professor Stein brings to the city-wide task force on Love of the Law: Intimate
Cardozo faculty an expertise in the areas of family Housing Court. Observation on an Insular
law, bioethics, and gender and sexual orientation. He Jurisdiction” was published
has written extensively on these topics as well as phi- Rabbi J. David Bleich in Law and Critique. “Court-
losophy and cognitive science. “Ed Stein is very much spoke at the Bar Ilan ing Death” was published
in the Cardozo tradition. He brings an interdiscipli- University Jewish Law in Courting Death: The Law
nary approach and intellectual ambition to legal Conference this spring. His of Mortality, edited by
study and adds real strength to our program in family topic was “Non-Jews as Desmond Manderson and
law. An article that he is writing on statutory inter- Arbitrators.” published in 1999 by Pluto
pretation has already received extremely enthusiastic Press of London. “Salem
reviews by our faculty and others. I know that he will Laura Cunningham pre- und Byznce: Eine Kurze
hit the ground running,” said Dean Verkuil. sented a paper on family Geschichte der Beiden
Professor Stein received his J.D. degree just this limited partnerships before Rechte” was published in
year; before attending law school he taught philoso- estate planning practition- Wissenbilder: Strategien der
phy visiting at Yale University, Mount Holyoke Col- ers at the New York Uberlieferung, published in
lege, New York University, and Williams College. In University/Tax Analysts 1999 by Akademie Verlag.
1999, he was a summer associate at Davis, Polk, and Seminar for Government.
Wardwell. This year he will teach Family Law, Evi- Malvina Halberstam par-
dence, and Sexual Orientation, Gender, and the Law. Peter Goodrich delivered ticipated in a conference
the plenary lecture, “Ad of the American branch of
Hominem,” at a sympo- the International Associa-
sium on adjudication at tion of Jewish Lawyers and
Ellen Yaroshefsky won the Issues for the Elderly Miami University School of Jurists, moderating a panel
2000 award for outstanding Lesbian and Gay Client.” Law and another, “Amatory on “Judging and Judaism:
contribution in the field of At a panel sponsored by Jurisprudence,” at a sympo- The Influence of a Judge’s
criminal law education Legal Services of New York, sium on jurisdiction at Jewish Background and
from the Criminal Justice he spoke on “Litigating a Wexner Center for the Arts, Values on the Adjudicative
Section of the New York Functional Family Succes- Ohio State University. At a Process.”
State Bar Association. She sion Rights Case: Eviden- symposium on law, litera-
was recognized for her out- tiary Issues.” For that train- ture, and culture at City Marci Hamilton spoke on
standing efforts to promote ing, his practice manual University, he spoke on “Religion and Local Govern-
the understanding of crimi- was published in pamphlet “The Justice of Literature.” ment” at the annual meet-
nal law through scholar-
ship, teaching, and the Yaroshefsky Cunningham Goodrich
implementation of law
school programs.

S PE E C H E S PAP ER S PA N E L S

At a continuing legal educa-


tion panel sponsored by the
Lesbian and Gay Law Asso-
ciation of Greater New York
and the New York County
Lawyer’s Association,
Paris Baldacci spoke on
“Housing Succession Rights:
Herz: “The Consummate Academic Administrator”
Michael Herz was appointed associate dean for academic enhances Cardozo’s reputation and, at the same time, gets
affairs in 1996 when Frank Macchiarola was still at the job done.”
Cardozo’s helm. He stayed on as second in command to According to Herz, the job holds many rewards. “There
David Rudenstine, who served as dean ad interim, and was are three things that I have especially enjoyed,” says Herz.
promoted to the newly created post of senior associate “First, the Law School has become a much stronger institu-
dean shortly after Paul Verkuil became dean in 1997. tion in the last four years and, although the deans deserve
Herz’s ability to stay the course and ensure continuity the lion’s share of the credit, it has been gratifying to be
through three deans, while managing both the academic part of the team. The second is that from the dean’s office,
and administrative sides of the Law School, all with good you see a whole new and fascinating side of the institu-
humor, has been the legacy of his tenure. Now after four tion—there is much more to the Law School than the class-
years of juggling administrative duties room. And, finally, there’s the variety.
and teaching first-year and upper-level Every day there are at least 10 new and
courses, he will take a leave, during completely unrelated tasks that arrive
which he will visit at NYU School of Law. on my desk. There’s always a new chal-
David Rudenstine was himself dean of lenge in this job.”
academic affairs when he recommended When asked why he was now going to
Herz for the position. “When I was spend a year as a visiting professor at
appointed interim dean, it was a very NYU Law School, Dean Herz said,
rough time for both Michael and me “I’m looking forward to having more
because we were both so new at our jobs. time for teaching and writing. Being
Michael was an extremely strong support associate dean has cut into my scholar-
and very helpful. During the past three ship enormously. I am also curious to
years, he has done a Herculean job.” see how another school runs. And,
Dean Verkuil praised Herz as the con- wonderful though Cardozo is, having
summate academic administrator. “He is been here for 12 years, I’m looking for-
thoughtful, creative, and has excellent ward to a change of scene and returning
judgment. All in all, Michael is the kind after a year refreshed and ready for
of person who respects, preserves, and new challenges.”
DENNIS WILE

ing of the National League Her topic was “Copyright Alternative Dispute Resolu- Meeting, including ones on
of Cities; on “Free? Exer- and the Constitution” for tion Advisory Committee, is preventive lawyering, alter-
cise, Religion, and the the New York City Bar co-chair of the subcommit- native dispute resolution
Public Square” at William Committee on Literary tee on qualifications and and estate planning, and
and Mary Law School; and Property and Copyright. training for neutrals. She mediation and probate dis-
on “The Constructive Role was co-chair of the ABA putes. Her recent publica-
of Religion Vis-à-Vis the Melanie Leslie’s article section of the Dispute tions are “Images of
State” at a conference, “Enforcing Family Promis- Resolution Conference Justice” in the inaugural
“Constitutional Rights in es: Reliance, Reciprocity, Legal Educator’s Collo- issue of Pepperdine Dispute
South Africa,” held in Cape and Relational Contracts” quium and spoke on “Effec- Resolution Law Journal;
Town. She was co-chair of was published in the tive Teaching Strategies for “Training Mediators to
and participated in a round- January 1999 issue of the ‘Traditional’ Dispute Resolu- Listen: Deconstructing
table at the US Patent and North Carolina Law Review. tion Classes.” She participat- Dialogue and Constructing
Trademark Office on “Intel- ed in several panels at the Understanding, Agendas,
lectual Property Law and Lela Love, who sits on the Association of American and Agreements” in the
the Eleventh Amendment.” NYS Unified Court System Law Schools’ Annual January 2000 Family and
Conciliation Courts Review; Birthday of Yitzhak Rabin
and “Should Mediators in Tel Aviv. At a conference
Evaluate?: A Debate on municipal government
Between Lela P. Love and and religious education at
James B. Boskey” in the the Constitutional Court in
Cardozo Online Journal of Rome, he presented
Conflict Resolution. “Constitutional Constraints
on State Aid to Religious
Michel Rosenfeld was the Education.” He participated
keynote speaker at “Demo- in a working seminar on
cratic Transition and Constitutional Adjudication
Consolidation in Central and Democracy from a
and Eastern Europe: Comparative Perspective at
1989–1999” held at the NYU School of Law. In May Leslie Weisberg
University of Fribourg in and June, he returned to
Switzerland in December Europe where he lectured of the International Associ- death penalty at a panel on
1999. He presented “New at the University of Mont- ation of Constitutional Law “Law in the First Millen-
Models of Constitution pelier, France; ESADE in in Lisbon, Portugal. nium” at the annual meet-
Making in Europe” at The Barcelona, Spain; and ing of the Federal Bar
Hebrew University’s Central European Univer- Suzanne Last Stone pub- Council. She presented a
Institute for European sity in Budapest, Hungary. lished a book review of paper, “The Interaction of
Studies and “Hate Speech He spoke about his book, Rational Rabbis: Science and Religious and Civil Law” at
in Constitutional Juris- Just Interpretations, which Talmudic Culture in The The Hebrew University and
prudence: A Comparative has been translated into Hebrew University’s journal Tel Aviv University Law
Analysis” at the Interna- Italian, at the University of of philosophy, Iyyun. She Schools’ joint conference on
tional Conference in Com- Palermo Law School and spoke about Jewish classi- “Religion, Secularism, and
memoration of the 78th presided over a roundtable cal attitudes towards the Human Rights.”

In the spring, Richard


Weisberg spoke on civil liti-
Toni Fine Named Director of Graduate Programs
gation and public discourse
Toni Fine, who has been associated with NYU School of Law for seven years, has been at DePaul Law School, on
appointed director of Graduate and International Programs at Cardozo. At NYU, where “The Two Best Law Films of
she was associate director of the Global Law School Program and acting director of the the Last Half Century” at
LL.M. Program in Comparative Jurisprudence, she developed curriculum and student for- the Popular Culture con-
eign exchange programs, organized international conferences, recruited and admitted vention in New Orleans,
LL.M. students, and coordinated visits by prominent international scholars. and on The Merchant of
At Cardozo, Ms. Fine will expand the LL.M. Program and hopes to “develop coherent Venice at the City Univer-
programs of study and ensure that international law students are well integrated into the sity of New York, where he
domestic law school population.” She continues, “I'm looking forward to working with invited actors to play a por-
the Cardozo faculty and administration to help vitalize and institutionalize the LL.M. tion of the trial scene on
Program here and to enlarging the international community at Cardozo while developing the basis of interpretations
international programs that benefit the entire law school population.” from a 1993 issue of
This summer, Ms. Fine is teaching legal writing for Coudert Brothers’ offices in Almaty, Cardozo Studies in Law and
Kazakhstan. She is the author of American Legal Systems: A Resource and Reference Literature. This summer he
Guide and many articles. She lectures frequently here and abroad on graduate legal edu- delivered a paper at the
cation in the US and teaches legal research and writing and other lawyering skills. quadrennial gathering on
Ms. Fine is the chair, AALS Section on Graduate Programs for Foreign Students, and a the Holocaust held at
member of the executive committee, AALS Section on International Legal Exchange. She Oxford University, where
holds a J.D. with honors from Duke University School of Law and a B.A. from SUNY he expanded on a chapter
Binghamton. She is a member of Phi Beta Kappa. from his book Vichy Law
and the Holocaust in France.
awyers who are generally accust omed to
billing rat her t han soliciting their clients for
contributions might well wonder why they
need a working knowledge of charitable gift
and estate plannin g. Last year more than $180
billion was gifted to charity, much of it by
sophisticated client s with myriad legal needs.
Given the size of today’s p hilanthropic market-
place, your clients are probably among these donors.
An d if your client is a heavy-volume client, h e or she is
also probably a h eavy-volume donor.
Charitable giving has become inextricably woven into
the lifesty le of you r clients, and into th eir legal needs.
That means you can help not just in your client s’ bu si-
ness planning, but in th eir family, personal, and p hilan-
thropic lives.

Charitable Lead Trusts and


Other Wealth Preservation
Techniques
GI FT If you are an estat e planner, y ou p rob ably counsel your
clien ts on estate freezes and other wealth preservation
techniques. You probab ly tell them about sophist icated
plann ing techniques such as the grantor retained life in-
come trust, the qualified personal resid ence trust, and th e
fam ily limited partnership, wh ich could enable t hem to
transfer assets to ch ildren at significantly d iscount ed gift

for
or estate tax amounts. However, you should also counsel
your clients on the benefits o f the ch aritable lead trust,
which allows for similar estate freeze transfers to child ren
and a highly tax-efficient way to fund charitable projects.
How? If your client contributes appreciat ing assets to
the fam ily charitable lead t rust havin g a term of, e.g., 20
years, when the t rust term ends, the trust funds are d is-
tributed to the child ren, or, perhap s, grandchildren and
every year a percentage of the asset, e.g., 4 percent, is
distributed to charity. The 4 percent may com e from
tru st capital or income. As wit h other typical estate
freezes, the asset is valued for gift tax pu rposes when th e
trust is established . However, the valuatio n of t he trans-
fer to the children is significantly discounted by the pre-
Henry T. Rubin Esq, sen t value of the annual distributions to the ch arity.
Senior Director of Development for Even more impressive, all o f the asset appreciation fol-
Gift Planning, Yeshiva University lowing the tru st term is ultimately distributed to the chil-
dren co mpletely free of gift or estate tax.
For an individual who is already consid ering a signif-
icant gift to charity, t his can provide even greater bene-

36 CARDOZO LIFE
fits. Assume t hat your client contributes $1 million of term, th e trust assets are distributed to charit y.
non-dividend-producing stock exp ected to ap preciate 10 If y our client holds assets he wishes to liquidate,
percen t annually and $1 million of long-term bonds whet her for portfolio, income, or investm ent needs, the
yielding 8 percent into a 20-y ear lead trust. Your client charitable remainder trust can accept these assets, allow-
would also lik e to make a d onation to Cardozo. You help in g him to have these assets sold by the trust without
her structure a charitable annu ity lead trust that will dis- paying any capital gains tax. The trust allows him to in-
tribute $80,000 annu ally (4 percent) to Cardozo. In so vest the proceeds in a tax-exempt fund , while allowing
doing, your client will receive a gift tax ded uction of him the opportu nity of increasing his annual income
$785,448 on th e $2 million transfer. The taxable gift, dis- although d ist ributions from the trust are taxable to the
counted by the annuity gift to charity over 20 years, is beneficiary. T he trust can be creatively structured to act
reduced from $2,000,000 to $1,214,552. Assuming a gift as a “sup er tax exempt pension plan” with ou t any of the
tax rate of 55 percent, this could resu lt in cash savings of attendant contribu tion limitations or penalties. T he client
$431,996 and, assuming the projected ap preciation over receives a significant charitab le deduction for his de-
20 years, a dist ribution o f $6,327,755 to the children— ferred gift and the establishment of a charitable legacy .
free of all gift and estat e taxes. In addition, the client has For example, assume that your client hold s $1 million
distributed $1,600,000 to Cardozo in a notably tax-effi- of non-dividend p roducing stock he purchased 20 y ears
cient manner. You have helped your philanth rop ic client ago for $100,000. He wou ld like to sell this asset, but is
succeed wonderfully in family an d charitable planning. unhap py ab out the $180,000 in capital gains taxes h e will
have to pay . Yo ur client also wishes to help his favorite
Charitable Remainder Trusts charity. You su ggest, among other alternatives, th at he
With o ver 500,000 recognized not-for-profit organizations contribute the stock to a charitable remainder annuit y
in the United States, it’s not surp rising that the previous- trust d esigned to distribut e 5 percent a year to him and
ly esoteric charitable remainder trust h as ent ered the his wife, bot h age 65, fo r life. T he trust will sell th e stock
financial planning mainstream . There are more th an and retain th e full $1 m illion (instead of $820,000 had
70,000 of them in existence. the client sold it and p aid capital gains taxes) in a fund
General corporate lawyers and tax p lanners need to that will generate th e lifet ime annuity. Every year your
know h ow to use the charitable remainder trust as a client and his sp ouse will increase their total income b y
planning tool to shield assets from capital gains taxes. If $50,000. Over t heir actuarial lives, the trust will distrib-
you’ve counseled your client on the tax-motivated bene- ute $1,250,000 to them. Your client will also receive a
fits of op tions, like- kind exchanges, holding corps, and $492,179 charitable incom e tax deduction. Upon their
employer-held stock, y ou've probably also counseled deaths, th ey will leave a legacy gift o f $1,000,000 to their
him th at sooner or later, wh ether upon death, sale, o r favorite ch arity.
oth er disp osition, th ere will be a capital gains tax o n Your client lo oks to you for solu tions. Charitable gifts
these assets. However, you should no t neglect to ad vise and estate planning help you meet your clients’ needs in
him that the tax-sheltered benefit of these assets can be new and creative ways. You r client will appreciate being
maintained for his entire life (and even possibly the lives given the op portu nity to consider ch aritable lead trusts
of h is children) by contributing them to a ch aritable and charitable remainder trusts as well as the benefits of
remainder trust, which , under certain circumstances, donor advised funds, private fo undations and pension
the in dividual h imself may serve as trustee. charitable remainder trust s. The best attorney treats a
With a charitable remainder t rust , an individual con- client as an individual. Charitable planning can ad d
tributes highly appreciat ed assets that are th en s old by value to your services and satisfaction to you r practice
the trust without im pos ition of any capital gains tax. by helping your clients, their families, and the charitable
The trust t hen invests the full proceeds to make annu- organizations of their choice. ■
al annuity- like distributions to a beneficiary (or benefi-
ciaries) selected by th e donor. Often t he beneficiary is This fall, Cardozo’s Office of Alumni Affairs will sponsor a
the donor himself. T he annu ity may be for life or for a series of seminars on charitable gift and estate planning. If
p eriod of time not to exceed 20 years. At the end o f the you are interested in learning more, please call Debbie

S UM M E R 2 0 0 0 37
Ju stice O’Co nn o r with Justices

Anth o n y Ken n ed y (at left)

an d Step h en Breyer

An Interview with
Associate Justice
Sandra DayO’Connor
When three US Supreme Court Justices met at Cardozo with eight of their coun-
terparts from the Court of Justice of the European Union, they discu ssed ways
that their courts and procedures were similar as well as differen t in an effort to
discover how they can learn f rom each other. Prior to the meeting, David
Rudenstine, Dr. Herman George & Kate Kaiser Professor of Constitutional Law,
sat down with Associate Ju stice S andra Day O’Connor, the most senior mem-
ber of the US delegation, to discuss h er thoughts a bout the day’s conference and
to gain insight on th e first woman appointed to the highest cou rt in the lan d.

PHOTOS BY SUSAN LERNE R


Ju stice O’Co nn o r w ith
Ju dg e Leif Sevó n o f th e Co u rt o f Ju stice
o f th e Euro p ean Co mmu n ities

Canada. Canada has a Charter of Rights and


Freedoms that is parallel to our Bill of
Rights—it is not identical but similar. Th ey
have faced many of the same issues we have
and at roughly the sam e time. It is my sense
th at we have not paid close attention institu-
tionally to the jurisprudence of Canada or
other nations. I think t hat’s changing.
RUDENSTINE: As J ust ices consider a particular
case that has been briefed and argued and
read , would you t hen also consider reading
opinions of a su preme court or a constitu-
tional cou rt in some other land as a way of
gaining additional insigh t on our own tradi-
tions or interpretations?
RUDENSTINE: When looking at the history of the Su preme
O’CONNOR: I would, if it were an issu e that had a close
Court and the d ialogue that goes on am ong justices an d
parallel in decisions of that other count ry . I would be
scholars over how to interpret and app ly the United
interested to know how they handled it, yes.
States Constit ution, t here is no evidence that we h ave
looked to Italy and France and Germany or any oth er RUDENSTINE: In any opinion that you have offered, do you
country for ways to interpret or rule on cases and legis- recall citing an opinion of a foreign court?
lation. O’CONNOR: Yes, but I don’t have specifics to give you th is
O’CONNOR: Historically co urts in this country h ave been morning.
in sulated. We do not look beyond our borders for p rece- It is a good thing to do occasionally. Let me give you
dents. When I went to law sch ool, which after all w as so me examples . We had a case not long ago involving
back in the dark ages, we never looked beyond ou r bor- state laws governing physician-assist ed suicide. We have
ders for precedents. As a state court judge, it never virtu ally no experience of that in t his cou ntry —none.
wou ld have occurred to me to do so, and when I got to And that was a case wh ere we h ad some very useful ami-
the Su preme Court, it was very m uch the same. We just cu s briefs and m aterials that brought before us the expe-
didn’t do it. Occasionally we have to interpret an inter- rience of other cou ntries, such as the Netherlands. I
national treaty—one, perhaps, affecting airlines and lia- found that this was very useful, and I susp ect that if we
bility for injury to passengers or damage to goods. Then, looked we would see some o f th ese materials cited. I also
of course, we have to look to the precedents of other recall th at in some of the cases in which our court was
member nations in resolving issu es. But short of that, we look ing at state laws governing abortion, it was very
have tended not to pay any attention to what other cou n- interesting to look at comp arative experiences in other
tries were doing. Yet m ost countries, at least in the west- western nations. I suspect that we would find cited some
ern world, face similar issues from time to t ime. Loo k at of those mat erials as well.

When I was nominated in 1981,


and took the position,

it was incredible to see doors opening


for women around the world
on courts and for other positions, too.

22 CARDOZO LIFE
My sense is that jurists from
other nations around the world
understand that our court occupies a

very special place in the American system.

RUDENSTINE: During the co urse of the year, as you meet estingly enough, on t he issues of federalism I think Jus-
with circuit court judges and district court jud ges at con- tice Frankfu rter [Felix Frankfurter (1939–1962)] offers a
ferences, meetings, and lectures, is it your sense that lot of insights. You wouldn’t expect that, would you , but
this international flavor is having a trickle- down effect as he did. You can find th e writings of many past justices
well? helpfu l, depend ing on t he issue and the circumstance.
O’CONNOR: All over the co untry federal cou rts are facing
certain international law issues as a resu lt of treaties like RUDENSTINE: It’s interesting to hear the t wo that you do
NAFTA. If you go to the Ninth Circuit and other areas cite, because in my own exp erience in th e classroom, I
closely affected by NAFTA, you will begin to see some would flag both of them, esp ecially J ustice Harlan, for
cases raising issues with int ernational imp ort: enforce - letting you know exact ly what’s on their minds. You
ability of judgments, taking depositions. What about the might not agree with him, y ou migh t come at it a differ-
enforcement of orders from som e decision- mak ing body ent way, but there’s no way to walk away from a Harlan
establish ed by NAFTA itself as op posed to a judicial judg- opinion without thinking he’s…
O’CONNOR: He’s th ou ght it t hrough.
ment?
RUDENSTINE: And h e’s told you what he t hinks. Is that par-
Certainly we have had to face extradition of people to
and from this cou ntry that invoke international issues. tially the qu ality th at you find?
O’CONNOR: Well, yes, and it seems to m e that he evaluat-
Our court has had a couple of cases involving t he alleged
failure of state prosecut ors to advise criminal d efendants ed issues in a very fair, equitable manner. He had a bal-
who are nationals of another country that there is a con- anced and object ive ap proach , I think, to everything th at
sul from th eir country with a certain add ress, with whom I’ve seen of his opinions.
th ey m ay wish to consult, as is requir ed by the Vienna
RUDENSTINE: In thinking about what to ask you th is morn-
Convention. When that obligation is n ot observed, an
ing, I asked my daughter, who is a high school senior, “As
important issue of international law is presented.
you know, Ju stice O’Connor is the first woman to be
I have had some contact with various circuit court
ap pointed to the US Supreme Court. If you had a chance,
judges to explore the possibilit y of having circuit confer-
what kind of questions would you ask her?” And th en I
ence p rograms ad dress issues in internatio nal law. There
got about 12! S o let me run down th e list very quickly. I
is a great deal of interest in th is kind of p rogram. I will
think they are all part of the same piece of cloth. What
participate on a panel th is summer at th e Ninth Circuit
was it lik e when you were first ap pointed and became a
conference focusing on international law issues.
member of the cou rt? Was th ere awk wardness or hostil-
RUDENSTINE: Let m e shift ground if I might. When y ou ity of any kind that you experienced? Did that ch ange
have a difficult case, besid es perhaps consulting other over th e years? Did it particularly ch ange when Ju stice
precedent s and decisions of oth er countries, are th ere Ginsburg arrived?
any figures in Am erican jurisprudence—and let’s just O’CONNOR: There was no hostility at the co urt when I
talk for the moment ab out figures who are no lon ger o n arrived . The fact is, we are a nine-member court that sits
th e court—to wh om you turn with any regularity for on cases. When there are only eight members, it does
insight, p erspective, and wisdom? not function right, particularly in those days when it
O ’CO NN OR: I have fou nd it most helpful, when I have a often divided four to four. T he members of the court
particu larly tough legal issue at the court, to find some were just delighted to h ave a nint h m ember— male or
opinion by Justice Harlan [John Marshall Harlan female. They were all kind and welcoming. What was a
(1955–1971)] to see how he would deal wit h that issue. problem was the excessive amount o f media attentio n to
He was a very though tful justice. And he dealt with the appointment of th e first wo man and everything she
issues so fairly and so well. It’s a jo y to find them! Inter- did. Everywhere th at Sandra went, th e press was sure to

S UM M E R 2000 23
go. And that got tiresome; it was ample, was a case in which there
stressful. I didn’t like it. I don’t was a great deal of press attention,
th ink my husband liked it . It was a and I ended up writing the majority
constant presence. And over th e opinion. So th at was a focal p oin t.
years, ju st because I was somehow The abortio n cases produced an
symbolic of someth ing different on enormous amount of mail to my
the cou rt, when th e court would chambers, vastly more than to the
hand down a decision, th ere would other chambers, I am su re. I some-
be a lit tle add -on: What did Justice times thought there wasn’t a
O’Connor do in t he case? This woman in the United States who
David Ru d en stine w ith Ju stice O’Con n o r
chan ge d dramatically with th e didn’t write me a letter on one side
arrival of J ustice Ginsburg. All of a sudden there were or the other of that issue. I have two secretaries, and we
two women and we all became “fungible” justices, and were incapable of opening all the mail. We physically
that was an enormous help. Justice Ginsburg is a very could not do it in a normal working d ay.
comp etent justice, and it is a joy to have her on the
RUDENSTINE: As you move around from forum to forum,
court, but particularly for me it is a pleasure to have a
second woman on the court. esp ecially when you meet with intern ational jurists and
lawyers, there mu st be tim es when there are conversa-
RUDENSTINE: Over the perio d of the past fifteen or so
tions about t he role of the Su preme Court in American
years, do you have a sense th at the standing and positio n
life. In my experience, t his international gro up has a
of women in the profession as a whole has ch anged as a
hard t ime really appreciating what that role is, what it
result of you r appointment to the high co urt?
may have been in the past, and what it might be in the
O’CONNOR: Clearly it has. When I was nom inated in 1981,
future. How do you reflect on that role, and ho w do you
and took the position, it was incredible to see d oors
describe it in you r conversations?
opening fo r women aroun d the wo rld on court s and for
O’CONNOR: My sense is that jurists from other nations
other positions, too. And law schools became more
arou nd th e wo rld understand that our court occu pies a
open. More you ng women started at tend ing law school.
very special place in the American system, and th at th e
It’s now half and half, at least, if not more.
court is rather well regard ed in comparison, perhaps, to
My concern was wh ether I cou ld do the job of a jus-
their own. It is also my sense th at jurists from other
tice well enou gh to convince the nation th at my appoint-
nation s believe our court has broader powers than most
ment was the right move. If I stumbled badly in doing
of theirs have in terms of, for example, declaring a leg-
the job, I think it would have m ade life more difficult for
islative enactment unconstitu tional.
women, and that was a great concern of mine and still is.
Many courts don’t have the power o f judicial review
RUDENSTINE: As you experienced that respo nsibility , espe- of acts of legislation. Most high court s in ot her natio ns d o
cially d uring your early months or years on the court, not have discretion, such as we enjoy, in selecting th e
were there opinions t hat you had the responsibility to cases that the high court reviews. Our court is virtually
author wh ere you really felt this more acutely ? alone in th e amount of discretion it has. We are con-
O’CONNOR: Any tim e there was an issue involving any stantly grateful that Congress has seen fit to give the
kind of gender discrimination, there would be a particu - cou rt that amount of discretion. We would drown in
lar focu s on “what is the woman ju stice going to do?” cases otherwise—cases that neither warrant no r merit
Mississippi Un iversity for Women v. Hogan [1982], for ex- the attention of th e nine-mem ber court. ■

My concern was whether I could do the job


of a justice well enough to convince the nation
that my
appoıntment was the right move.

24 CARDOZO LIFE
A Dream Field: Intellectual Property & New Media Jeff Storey ’01

C
ardozo attracts many students who come to the law from the arts, the
computer field, and other creative backgrounds, and graduates many
more who seek to enter the booming fields of entertainment, new media,
communications, and intellectual property law. At Cardozo, these stu-
dents benefit from what Prof. Marci Hamilton, director of the Intellectual
Property Program, calls “one of the richest intellectual property curricula in the
country,” which is supplemented by a range of extracurricular activities that
includes a top journal in the field, the premier entertainment and communications
law moot court competition, externships, provocative symposia and lectures, and
the recently established LL.M. program in intellectual property law that can be
completed along with the J.D. in three and a half years.
Today nearly 1,000 Cardozo grads, from an alumni body of 6,500, work for
law firms specializing in intellectual property and entertainment law, for new
media ventures, and for companies as diverse as BMG Entertainment, McGraw-
Hill, the Game Show Network, Twentieth-Century Fox, Major League Baseball
Enterprises, PolyGram, ESPN, BBC Worldwide, RCA, Hearst, and something called
Itsy-Bitsy Entertainment.

The Internet Entrepreneur mail, do research, and many other daily activities,” said
Mark S.Lieberman ’84 Lieberman.
Lieberman, who joined the six-year-old company as
ark S. Lieberman recently built a treehouse for chairman in 1999 and became chief executive officer

M his two children. After they had gone inside, he


spent some time admiring his handiwork. “I
enjoy building things,” he says. The lawyer-
turned-entrepreneur is having a ball building Softcom,
Inc., a New York applications service provider whose
early this year, sees Softcom as another milestone in the
convergence of technology, communications, and media
that he has sought to advance as an executive, venture
capitalist, and government official. The company’s
“streaming media” technology allows broadcasters and
aim is to revolutionize the way video is used on the other content providers to combine video, chat, stream-
Worldwide Web. “There is no question that in only a few ing text, and real-time data feeds in an interactive screen
years, the giant video will be an interactive home center that integrates E-commerce, advertising, and archives.
where people will watch television, shop, pay bills, get e- For example, Softcom supported enhanced Oscar cover-
age for E! Online that allowed viewers to ble of publications that included Variety
chat with an E! gossip columnist, view video and Broadcasting and Cable.
clips of nominated films, and play a Golden Lieberman says that his legal training
Gamble game by wagering points to pick has helped him to negotiate his own con-
the winner. And it gave viewers of the Home tracts at cash-strapped start-up ventures. It
Shopping Channel the ability to order Joe Montana also comes in handy when he is managing other
memorabilia and chat simultaneously with the quarter- lawyers. Most important, however, the experience gave
back after his election to the Pro Football Hall of Fame. him a sense of discipline and the training to move quick-
The Cardozo graduate, whose father is a patent attor- ly when that was required. He says that Cardozo, with its
ney, enrolled in law school after earning a mechanical emphasis on intellectual property and ethical issues, is
engineering degree magna cum laude from Tufts Univer- perfectly positioned to take advantage of the “wonderful
sity. He was a member of Cardozo’s first class of Alexan- opportunities” offered by New York’s “Silicon Alley.”
der Fellows. He clerked for a Federal Appeals Court Lawyers should take note, however, that working with
judge and practiced intellectual property law. In 1989, he the Internet is very different from the traditional corpo-
served in the Bush administration at the Commerce rate environment. Softcom recently walked away from a
Department, where he led the United States in negotia- deal it wanted after the other side’s attorneys raised too
tions with Japan and the European Community on high- many time-consuming negotiating ploys. “Speed ab-
technology research programs, “before anybody even solutely is of the essence,” said Lieberman.
thought about the Internet.” After a two-year stint in gov-
ernment, he moved to the private sector and was
involved in seven start-ups. For two years, he was exec- Superman’s Lawyer
utive vice president of the entertainment, communica- Lillian Laserson ’83
tions, and media division of Cahners Business Informa-
tion, a Reed Elsevier company, where he directed a sta- illian Laserson’s big moment as an actress came

k Lieberman
L when, playing a floozie named Darlene, she had a
date with Potsie on Happy Days. But after eight
years of struggling in a business with an unemploy-
ment rate that exceeded 90 percent, she decided that she
“wanted to make a living.” Law school beckoned for this
Perry Mason fan.
After acting, “law school was a piece of cake,”
Laserson says. She liked the fact that the rules were
clear. “You do the work, you make the grades, and you
get a job.” She loved Cardozo, where she joined the crim-
inal law clinic and was able to try a case. “It was like pro-
ducing, directing, and starring in your own production,”
she says.
Laserson worked for a large firm for several years,
then moved to a smaller boutique operation that spe-
cialized in intellectual property law. She worked for Jim
Henson Productions before joining DC Comics and Mad
magazine in 1990 as the company’s first in-house coun-
sel. Today, she is vice president and general counsel,
working in offices where the reception area is modeled
after the rooftops of Gotham City—complete with bat sig-
nal. She performs a variety of functions including con-
tract negotiation, acquisitions, pre-publication review,
supervision of litigation, licensing for television and
film, and monitoring “very tricky” intellectual property
questions.
DC Comics has grown substantially since Laserson
joined the company. Employment has more than dou-
bled, and edgier, adult-oriented comic book lines have
practice, complex business dis-
putes, and environmental law.
His firm does not represent
Hollywood talent, but it is
often hired by major entertain-
ment firms like Universal and
Warner Bros. Barth has also
written and filed briefs for
artists’ groups in censorship
cases that have gone all the
way to the United States Su-
preme Court.
Barth represents some “very
significant artists and photog-
raphers,” publishers, and gal-
leries. He counsels artists on
Lillian Laserson the legal issues they must
grapple with in their day-to-
been added to Superman, Batman, and other traditional day work such as trademark and copyright in-
fare. The company now publishes a variety of different fringement, moral rights and privacy/publicity rights,
genres including mystery, humor, and nonfiction. Non- and First Amendment rights.
fiction works in particular present new and challenging “Lawyers are by nature conservative creatures,” he
legal issues in the areas of libel and the rights of privacy says. “They try to avoid risk. It’s easy to tell a client you
and publicity. The Internet has also created new oppor- cannot do that.” Barth’s clients look to him for creative
tunities as well as legal issues. DC Comics has even ways to achieve their visions without taking legal mis-
become a defense contractor, deploying Superman and steps. He is uncomfortable vetting artists’ and writers’
other characters to teach children in Kosovo, Bosnia, and work for obscenity. The First Amendment did not give
elsewhere about the danger of land mines. lawyers the job of determining content, he says. But a
For her relationships with the people who write and lawyer can make his or her clients savvy about legal
illustrate the company’s products, Laserson says “it is issues. Barth’s artist clients trust him because “they
very helpful that I have a creative background” because know I am interested in what they do.”
other employees tend to look at lawyers as “suits.” Her That interest is long-standing. In fact, Barth himself
usual response when approached by editors, writers, and has a professional background in the arts. He attended
artists with a creative but legally troubling idea is to say, Cooper Union in New York, but left without getting a
“Let’s figure out how we can say this.” degree to work as a magazine art director for five years.
Laserson says that she loved reading comic books and Then he decided to become a lawyer, and “Cardozo took
Mad when she was growing up in Scarsdale. She does not a chance on me. I had a wonderful time in law school,”
read everything the company produces now—editors said Barth. He worked as articles editor of the Cardozo
know when to contact her about a potential problem. Law Review, and after graduation clerked for Judge
Nevertheless, she is convinced her job is unique because Irving R. Kaufman of the United States Court of Appeals
“let’s face it, I represent men in tights.” for the Second Circuit. Barth received a job offer from a
New York firm, but Prof. Monroe E. Price acted as a
matchmaker with Munger, Tolles & Olson.
The Art Director Barth continues to exercise his skill in visual commu-
Lawrence C.Barth ’84 nication. He works with colleagues to develop non-tradi-
tional ways of presenting information to jurors and lec-
awrence C. Barth is a busy litigation partner for the tures frequently on this issue. Trial lawyers often are not

L Los Angeles office of Munger, Tolles &


Olson who fights “to remain some-
thing of a generalist.” He has repre-
sented plaintiffs and defendants in areas as
diverse as trade secret misappropriation,
good at reducing stories to icons or images.
Consultants claim to fill the gap, but Barth
says much of their work is “linear and ver-
bally based.” Barth seeks to use “things that
are truly visual. I’m sort of the art director
employment discrimination, broker’s mal- of the firm.”
Producing the Most Creative people respond better to legal counsel “if
Work Possible they understand that we’ve read the work
carefully and acted with sensitivity.”
Muriel Alix Caplan ’79 Caplan strives to get across the point of
uriel Alix Caplan ’79 did not start view that “we basically have a common

M out to become an entertainment lawyer.


Instead, she was attracted to the law by the fact
that it was becoming “a more open avenue for
women.” She was a member of Cardozo’s first class,
although “it did not seem like a new law school,” she
interest to avoid legal problems and to produce the most
creative work possible.”

The Law of Romance


says, recalling stimulating classes and, in particular, Lisa M.Dawson ’99
Constitutional Law taught by Telford Taylor. Upon grad-
uation she took a job in Washington, DC with the Com- ou know the type. “The hero is tall, dark, and
modity Futures Trading Corp.
After nearly three years as a government regulator,
Caplan decided to pursue a legal career that was more in
tune with her personal interests in books and the arts.
Switching specialities “was not something you can do
Y handsome with issues of trust, fear, or some other
flaw, but he can’t be dishonest. The heroine is
beautiful, smart, and successful with issues of trust
or fear but she can’t be a man-hater.” Lisa M. Dawson is
thrilled that she is seeing these characters more and
overnight.” Just as it is hard to be all things to all people, more frequently on the covers of books read by fellow
“it is hard for a lawyer to be all things to all clients.” passengers on the train from her Queens residence to
Caplan returned to New York and began to do freelance her midtown office at BET Books.
legal work for theater and movie producers. During this The quoted descriptions are from Black Entertain-
time she earned a certificate in book and magazine pub- ment Television’s Web site and intended for potential
lishing from New York University. authors in BET’s Arabesque line of romance novels,
All of this spadework paid off when Caplan was hired which are aimed at an educated, middle class African-
by the tradebook publisher Henry Holt and Co. in the American audience. The line was launched by Kensing-
legal department. Several years later she was promoted ton Publishing Corp. in 1994 and purchased by BET
to director of legal affairs. Along with other corporate Holdings in 1998. Four paperback titles are published
legal work, she negotiated and drafted licenses and con- each month in addition to four holiday books, four bride
tracts; vetted manuscripts for issues of defamation, pri- books, and one hardcover. Several of the books have
vacy, and copyright; and supervised litigation. Walt been made into movies shown on the BET cable net-
Disney Co. hired her as a senior counsel in April 1997. work.
Caplan, who is based in New York, works in the corpo- Dawson, the line’s contract manager, says that the
rate law department and in addition to other duties, is books—which have titles like Incognito, A Private Affair,
the primary lawyer for the Disney-owned Hyperion, a and Intimate Behavior—are in demand, a fact confirmed
general interest publisher of, among other gen- by her informal subway
res, mysteries, novels, and nonfiction works; as survey. She turns mem-
well as Disney Children’s Book Group and Disney os from editors into con-
Licensed Publishing in North America. tracts paying royalties
Caplan’s work at Disney has much greater and advances to more
scope than it did at Holt. At Disney, she works than 50 African-Amer-
with a larger group of clients, and the job is more ican authors. In her talks
high-pressured. She frequently works with other with authors and agents,
Disney attorneys to craft deals that translate char- “I try not to get too
acters into movies and television presentations. adversarial,” she says.
Moreover, Disney has a large “portfolio” of intel- Getting the job was “a
lectual property: Mickey, Donald, and the rest combination of being
and insists that its licensees portray this property prepared and lucky.”
in the “right way.” Cardozo provided the
Caplan says that lawyers who work with cre- preparation.
ative people must be “open to the process.” They Dawson, who has un-
must show empathy for the needs of authors, Lisa M. Dawson d ergraduate degrees in
illustrators, and other talent involved. Creative business and biochem-
istry, originally wanted to be a doctor. She was attracted
to the law because of its problem-solving nature—“like
the sciences”—and its verbal character. While in school
she worked for ABC-TV and an intellectual property
firm, participated in the entertainment law component
of the Summer Institute, and was on the staff of the
Cardozo Arts & Entertainment Law Journal. Courses like
Negotiation in the Music Industry were extremely help-
ful. She is glad that she chose Cardozo because the
breadth of her entertainment and intellectual property
law training was “significantly better than that reported
by friends at other law schools.”

The Musician
Paul F.Hansen ’97
o earn money while a student at Cardozo, Paul F.

T Hansen worked as an usher at the Metropolitan


Opera. Now a full-time lawyer, he still spends sev-
eral nights a week at the opera house. After all, he
has been a fan since he heard Puccini’s Turandot for the
first time when he was 13. In fact, his bosses also encour-
age him to attend. They want their associate counsel to
be intimately familiar with the Met’s product.
Hansen describes his hiring for the Metropolitan Paul F. Hansen
Opera’s two-person in-house legal department as
“serendipitous.” When he enrolled in law school, the 36- sel. “The Met has a way of rewarding people who work
year-old former musician had thought “that was it, there their way up through the ranks,” says Hansen, pointing
was no more music in my future.” out that the current director started as a carpenter.
A concert pianist from the age of seven and then a Hansen wrote Lauterstein, who gave the aspiring lawyer
composer, Hansen earned a master’s degree from Mannes research assignments and told him to come back when
College of Music before deciding that his talent had he passed the bar examination. After Lauterstein retired,
“plateaued” and that music would not provide “the sus- Hansen worked as the Opera Association’s acting gener-
tenance that I thought I needed.” Law seemed a good al counsel for nearly seven months in 1999. “It was very
alternative career choice for someone who also studied exhilarating and very challenging,” he says. “You have to
the social sciences as an undergraduate. As a teenager, be quick on your feet.”
he subscribed to the Congressional Record, poring over Hansen deals with a variety of legal issues, ranging
legislative debates when he wasn’t practicing Chopin’s from trademark protection to corporate sponsorships.
études and Polonaises. The diplomatic skills he picked up during his father’s
Hansen was attracted to Cardozo by its reputation for State Department postings and his United Nations
entertainment law and generous scholarships. He was im- internship have helped him deal with the immigration
pressed by the “deceptively simple and direct” Socratic problems and other hassles faced by international artists
method that Prof. David Rudenstine deployed in his con- —a job that takes up about one-third of his time. Hansen
stitutional law course and by Prof. Paul Shupack’s pene- also enjoys drafting contracts. “It requires creativity to
trating exegesis of contract law. But he also ventured bridge differences that can be very severe,” he says. He
beyond the classroom for internships at Angel Records, even is able to occasionally use a rehearsal room to pol-
Siemens Corporation, NASDAQ, and the ish his own musical compositions.
United Nations. All in all, working for the Met has been
His stint as an usher helped him get the very rewarding, pointing out that people
attention of Henry Lauterstein, who had who work for the Opera Association have a
represented the Met for 40 years, first as a saying: “Nobody ever leaves the Met be-
private lawyer and then as in-house coun- cause there is no better place to go.” ■