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Cardozo LIFE From the Editor

Su san L. Davis
EDITOR

Pau lette Cr owther


A S S O C I ATE ED ITO R
A Special Anniversary
J u d y Tucker
A RT D IR EC TO R
Cardozo en joyed an ausp iciou s beginning 25 years ago. With a mandate
CONTRIBUTORS from Yeshiva Univer sity, founding dean Monrad Pau lson hired a faculty for
Barbara Alp er, No rm an Gold ber g
a new law school that would offer h um anistic stud ies and practical opp or-
Su san Lerner, Pete r Robertson
Debra L. Rothenberg tunities. That balance has been achieved beyon d all expectation . Today the
J e ff Storey ’01, Den n is Wile Law School boasts nearly 7,000 graduates who are ach ieving at the highest
levels of th e legal and busin ess worlds as well as in the public sector.

Theref ore, it seems appropriate to feature some of our alumni jud ges and to
record the reunions and commencement of last Ju ne.
Cardoz o Life is publishe d tw ice ea ch ye ar by
This anniversary year will be special in many ways. Thirteen professors
t he De pa rtme nt of Communica tions and Public Affairs
from arou nd the world will visit. A two-day symposiu m on Nietzsche orga-
Benjamin N . Cardozo School of La w

Jac ob Burns I nstitute for Adva nced Lega l St udie s nized by Prof. Peter Goodrich w ill bring to campus some of the leading
Yeshiva Unive rsity philosophers of our day. To meet th e in creasing n eeds of students and fac -
Brookdale Cent er, 55 Fift h Avenue ulty, the Un iversity has em barked upon a multifaceted bu ilding improve-
New York, New York 10003 ment plan, w hich calls for the renovation and redecoration of the entire
Phone (212) 790-0237
Cardoz o facility. Highligh ts, w hich are ou tlined in a ph oto essay inside,
FAX (212) 790-0322
include the expansion and renov ation of the lobby level of the Law Sch ool,

● the bu ilding of a new Jacob Burns Moot Court Room, and the reconfigura-
tion of the building’s facade and entrances.

E dit orial cont ributions and submissions We have much to celebrate as we mark a quarter-century and hop e that
are we lcome . This publication a cce pts as you read Cardozo Life you will feel some of th e excitement being gener-
no re sponsibility for unsolicit ed manuscripts ated on campus.
or photogra phs. A ll submissions are —Susan L. Davis
subject to editing a nd are use d

a t t he e ditor’s discretion.

Y E S H I VA U N IV E RS IT Y

Rob ert M. Beren


C HA IR M A N, B O A RD O F TR US TEES

No rman Lamm, Ph .D.


PRESIDENT

CARDOZO LIFE
SUMM ER 2001
Cardozo LIFE
Features
Nietzsche Comes of Age in America . . . . . 18
Legal scholars are finding the work of Nietzsche and
th e questions that he posed to be relevant and perhap s
an inspirat ion for people to rewrite the law 100 y ears
after the great ph iloso pher’s death.
BY P E T ER G O O D RICH
PRO FE SS O R O F L A W

Cardozo:
Enjoying a Transformation . . . . . . . . . . . . 20
The Law S chool is undergo ing an extraordinary expansion
Departments
and renovation. Upon complet ion Cardozo will boast a
new facade and entrances, modern and technologically Around Campus . . . . . . . . 3
enhanced classrooms, an d a larger an d m ore commo dious Clinton Receives Advocat e for Peace
library, Jacob Burns Moot Court Room, and lobby. Award • Cardozo Announces Cap ital
Cam paign • Students Raise $40,000
Enjoying the Jobs of Their Lives: • Cardozo Publications W in Honors
• Teleconferencing Facility Opens •
Alumni on the Bench . . . . . . . . . . . . . . . . 25 Schuck Examines Diversity • Scholars
In sp eaking to several alum ni who now sit as judges, Discuss IP • Baseball and the Law •
Jeff Storey found that the day-to- day task s and th e way s Moot Court and Trial Team s Win •
these grad s came to th eir jobs often are quite different. Ethics Center Fosters Dialogu e • Boies
However, they did have one thing in common: They all Gives Insid er View • Langfan Family
agree they are in th e job of th eir lives. Fu nds Contest • Negotiation Teams
BY J E FF ST O RE Y ’01
Win • Sq uadron Program Receives
Grants • Divorce, Victorian-Style

Faculty Briefs. . . . . . . . . . 13
Thirteen Professors To Visit •
Rosenfeld: Sleepless on S abbatical

Alumni News & Notes . . . 32


Commencement • Reunions • Alum ni
Featured in the News • Cardozo
Becomes CLE Provider • Alumni in D.C.
• 3L Challenge Launched • New Giving
Circles Support Capital Campaign
COVER ILLUSTRATION: MARIO STASSOLA
BEN JA M IN N . CARD O Z O BO A RD O F DIRECTO RS D I R E C T O RY
SCH O O L O F LAW
Jaco b Bu rns I nsti tu te for Earle I. Mack General Telephone
Ad va nced Leg al Stud ies Chair man 212-790-0200
Yesh iva Un iversi ty
Bro okd ale Cen ter Sh eld on H. Sol ow Admissions
55 Fifth Avenue Steph en B. Siegel 212-790-0274
New Yo rk, New York 1 00 03 -43 91 Vice C hairmen
Alu mn i Affairs
Pau l R. Verkuil Barry A. Sh enkman 212-790-0293
Dean Treasurer
Ch utick L aw L ibrary
Stewart Sterk Ro nn i e Heyman 212-790-0285
Sen io r As sociate Dean Secretary
Dean’s Office
Matthew L evine Robert M . B eren 212-790-0310
As sociate Dean fo r Leon Black
Bu si nes s Affairs Development
Harvey R. Blau
212-790-0288
L eon H. Charney
J acq uelyn Bu rt
As si stan t De an fo r Ho n. San dra J. Fe uerstein Fin ancial Aid
Placement Arthu r M. Gol d berg* 212-790-0392

Morris Go ldfarb
Jud y Mend er Profession al Develo pment
Sh immie Horn 212-790-0358
As si stan t De an fo r
Stud ent Services E. Bi lli Ivry
Pu blic Relati on s
Eric M. Javi ts
Robert Sch wartz 212-790-0237
Dr. I ra Ku kin
As sistan t De an fo r
J on ath an Kuki n Registrar
Admissions
Dr. No rman Lamm 212-790-0295

Ho n. F ran k R . Lau tenb erg


Stud ent Services
Th omas H. Lee 212-790-0313
Mark S. L ieberman
Jeffr ey H. Lo ria Web Site
w w w. c a r d o z o . y u . e d u
Lawre nce Rub en
Steph en J. Schu lte
Barry K. Sch wartz
Bo nn ie Steing art
Ter ence A. Tod man , Jr.
Ra ch el L. Warren
Steph en A. Weiss
Sigg i B. Wilzig
Selig A. Zises

Honorary Di rectors
J osep h Ap pleman
Ho n. Marvin E. Frankel
Ho n. Stanley H. F u ld
Ab raham S. Guterman
Prof. Lo uis Hen kin
Samuel J. He yman
Ed gar J. Nathan III
Ro mie Sh apiro

* d eceas ed
Enjoying the Jobs ofTheir Lives:

ALUMNI O N T H E

BENCH
Jeff Storey ‘01

Many of Cardozo’s graduates are making a significant impact on


society as in ter preters of the law. Considering that Cardozo is such
a young school, there are a remarkable number of alumni sitting
as judges in Housing Court, the Civil Court, Family and County
Court, the Appellate Division of state Supreme Court, and federal
Immigration Court.
They are appointed or elected and come to these positions with
solid legal training, superior research and writing ability, an d with
a “judicial temperament” an d “people skills.” Among the judges from
Cardozo there are those who encoura ge litigants to settle disputes in
ways that provide a measure of justice to both sides and those who
act as gatekeepers for busy courts, determining which issues should
go to the jury. Some decide whether foreign nationals should be
allowed to enter the United States or forced to leave the country.
Others shield children from neglect and abuse and work to ensure
that defendants receive the process that is their due. All feel they have
the jobs of their lives.

IN A MAN HATTAN E XHIBIT SHOWCASI NG WO MEN LAWYERS, THERE I S A


photo of Im migration Ju dge Annette Elstein swearing in h er daughter
Sandra J. Feuerstein ’79 as a just ice of the state Su preme Co urt. They are
thought to be the first moth er-daughter ju dicial team in the nation.
The fact that women could become attorneys never seemed unusual
to Feuerstein. After all, h er mo ther worked at Legal Aid for more th an 30
years before b ecoming an immigration judge. However, Feuerstein never
A LU M N I O N T H E B E N C H

gave much th ou ght to becoming a lawyer wh en she was judge. Meanwhile, she had become polit ically active in
growing up. Aft er grad uating from college, she married, her community. She was elected to the District Court as
moved to Long Island, and taugh t school for six years. a Republican and served from 1987 to 1993. She was
She stayed home while her ch ildren were yo ung. elected a state Supreme Court Just ice in 1993 and
When their two sons were five and six years old, appointed to th e App ellate Division in the Second
Feuerstein’s husband, who also is an attorney, asked her Department in 1999, the first woman from the 10th jud i-
what she planned to do when the children started cial district.
school. He showed h er an advertisement for a new law As a District Cou rt judge, Feuerstein was close to lit i-
gants, giving her “this tremen-
dous feeling” that she was accom-
plish ing somet hing on a one-to-
one basis.
She liked the give-and-take of
trials in the Su preme Court—she
had loved Evid ence in law
school— and was gratified that
jurors took their role so seriously.
Even though sh e has moved up to
the Appellate Division, she would
like to preside over a trial from
time to time.
“After a while, I fear that you
lose your p erspective about what
it’s like to be a trial jud ge an d a
practicing attorney,” she says. “I
don’t want that to happen.”
The Appellate Division court-
San d ra Feu erstein ’79 house is locat ed in Brooklyn.
Feuerstein and her colleagues—
school Yeshiva Univer sit y was starting. Feuerstein joined inclu ding th e just ice sh e worked fo r as a law clerk—
Cardozo’s first graduating class and now is its highest- review lower court decisions in all kinds of cases that
ranking judicial alumna. originate in a geo graph ic regio n stretch ing from the
Feuerstein loved law school fro m the moment she Hudson Valley to Long Island. Th e court has a heav y
start ed, although some adjustm ents were necessary. She caseload, and justices must comb through precedents
recalls sitting at t he kitchen table for seven hours, read- an d written records.
ing and rereading her first Property assignment . She “We are reading day and nigh t, seven day s a week,”
eventually unlocked the legal co de, however, graduating Feuerstein says. “Thank good ness for t he computer.” It
with honors. And she was inspired by professors like allows her to do legal research at home.
Malvina Halberstam, “a most brilliant p erson,” from Feuerstein is sometimes frust rated b y lawyers who do
whom she took Criminal Procedure and several other not argue th eir cases in person. She advises attorneys
courses. Feuerstein herself is the co- author of a treatise who do appear not to waste time with opening state-
on New York criminal p ractice. ments. “We’re a hot bench,” Feuerstein says. “We’re no t a
The hardest part of going to law school was the guilt ju ry. We know your case pretty, pretty well.”
she felt ab out spending so much t ime away from her Sh e is co ncerned that the reputation of the courts in
family. In retrospect, “it was probably a wonderful thing general has suffered from attorneys who are not polite to
I did for them,” she says. “It gave them an understanding their adversaries. Also, t heir d ignity has been comp ro-
of how hard you have to work to achieve your goals.” mised by the inaccu rate portrayal of judges on televi-
Feuerstein, who always knew sh e wanted to go into sion. Feuerstein is ap palled t hat the judges of daytime
government, was h ired as a law clerk for the justices in television shows spend so much of their time “screaming
Nassau County Supreme Court and then as a matrimo- at everybody.” She says t hat young people should be
nial referee, and then as a law clerk to the administrative taught that the law “can be used bu t also can be abu sed.”

26 CARDOZO LIFE
A LU M N I O N T H E B E N C H

CIVIL CO URT J UDGE MA RTIN SHU LMA N ’81 SAYS H E IS IN extensio n of his p reviou s career.
“the serv ice busin ess.” Shulman says th at judges must have a good tempera-
The ju dge’s customer s, the litigants who app ear ment, the ability to listen carefu lly, and good p eople
before him, want a disp osition of their cases. He tries to skills. As he to ld t he New York Law Journal, “I like attor-
maximize wh at he can do for each one. Litigants may neys who are not ‘form o ver substance’ oriented and are
not be totally hap py—after all, t he cu stomers are not open-m inded and pragmatic about resolving dispu tes. I
always right in this arena—but they do receive due dislike attorneys who are arrogant and ill-humored.”
process and the opportunity to be h eard on something In brokering a settlement, Shu lman familiarizes him-
th at matters a great deal to them. self with the issues of the case before him and tries to
In short, “you’re performing justice,” Shulman says. fo cu s quickly on what the parties are seeking. As a go-
Frequently , the court’s service is to broker a compro- between, he follows a few simple rules: Never recom-
mise th at avoids need less expense and gives the parties mend a p articular disp osition, never betray a confi-
a piece of what they want. dence, and never force a side to bid against themselves.
Some judges are k nown as sch olars. Oth ers are “It’s a dance. Sometimes a dance works quickly.
regarded as excellent trial managers. In fact, a good Sometimes it takes a little longer…. When it’s settled, it’s
judge has to do many things well, and Shulman says h is rew arding,” he says.
performance demonstrates the needed versatili-
ty. However, working with litigants is his strong Martin Shu lma n ’81
su it. “I’m told th at I am very goo d at settling
cases,” he says.
Shu lman, who is also a graduate of Yeshiva
College, says that his decision to become a
lawyer was a natural p rogression from the
Talmudic educat ion he received. His personal
and academic life “constantly involved an appli-
cation of law.” His religion mak es him sensitive
to mo ral issues, although it d oes not water down
his obligation to be impartial.
At Cardozo, he received “a very good legal
edu cation” from professors who made dry co urs-
es very exciting and “forced you to think.” After
graduation, h e honed his skills as an advocate,
first working in the public secto r and then fo r a
private firm. He worked hard for his clients but
sometimes fou nd himself telling colleagues, “I
think we’r e wrong.” He eventually decided that
his p ersonality was more suited to disposing of
cases than for advocacy.
Shu lman, who has four dau ghters and is
active in commu nity affairs, also grew tired of
the unpredictable and lengthy hours of private
practice. “ I had no life,” he says. The judge still
works from around 8 a.m. to 7 p.m., bu t now the
stress comes from mak ing the right decision.
In 1994, Shu lman, a Democrat, was elect ed to
a 10-year term in the New York City Civil Cou rt.
He was appointed an acting New York State
Supreme Cou rt Just ice in 1999 and supervising
judge of the 13-judge Manhattan Civil Court early
this year. He did not regard his selection as a
judge as the pinnacle of his career, but as an

S UM M E R 2001
A LU M N I O N T H E B E N C H

IMMIGRATIO N J U DGE NOEL ANNE FE RRIS ’80 WON’T EVER was a little scared, bu t was stimulated and challenged b y
forget the man from Albania who recently appeared in “an incredible faculty” of professors like Telford Taylor,
h er small courtroom to seek asylu m in the United States. Stewart Sterk, and Pet er Lushing. Wit hin two weeks,
He was about the sam e age as the judge, 50, b ut he Ferris discovered that she loved litigation.
looked like he was in his late 70s. However, his deterio- The Law School did no t teach Immigration Law when
ratin g ph ysical condition was not caused by polit ical per- Ferris was a student. She took up the field later because
secution. Inst ead, it stemmed from working for decades she wanted to work for the United S tates Att orney’s
as a coal miner in a poor country. Office, and that’s where the opening was. After leaving
That did not m eet any of the n arrow ground s Con- the office, she practiced immigration law at a private
gress has ap proved for political asy lum. Humanitarian firm before being appointed an immigration jud ge.
concerns are not enough to admit all foreign nationals Last year, a California newspaper rated Ferris the
who seek refuge in the United States. “I could not find a eighth tou ghest of more th an 200 imm igration judges in
way of granting that case,” Ferris said of the Albanian. granting asy lum requests. Ferris says that such comp ar-
Ferris has worked as a judge in Manh attan’s Immigra- isons ignore d ifferences among immigrat ion courts. The
tion Court for seven years. Th e co urt is part of the Manhattan branch is the bu siest in t he nation, draw s
United States Just ice Department, but it is independ ent petitioners fro m an unusu ally large nu mber of coun-
of t he Immigration and Naturaliz ation
Service. Ferris and her colleagues interpret Noe l Ann e Ferris ’8 0
a body of law t hat is “o ne st ep worse” than
the infam ously com plex Internal Revenue
Code. Two other Cardozo graduates also
work as immigration ju dges in Manh attan:
Sarah Burr ’80 and Matthew Adrian ’87.
“T his is a real court,” say s Ferris, who
wear s a black robe wh en she is sitting.
J udges are presiding “almost all the time,”
so th ere is little time for research o r reflec-
tion. They ask questions and are expected
to make oral ru lings. However, there is no
clerk and no stenographer. Th e proceedings
are recorded on a tape recorder operated by
the ju dge.
At the hearings, “everybody has a d iffer-
ent story to tell.” Th is variety helps keep the
work “fresh and interesting;” Ferris expects
to spend the rest of her career on the court.
The stories also have given her a unique
perspective on current int ernational affairs.
The testimony h as convinced her that “it is
shock ing and immoral” to igno re human
rights abuses around the wo rld. “We h ave a
responsibility to p revent people from mur-
dering each oth er.”
Ferris was one of m any st udents at
Cardozo seek ing a second career. She h ad
worked as an assistant to the fashion direc-
tor of B. Altman for fo ur years after gradu-
ating from college. Sh e enrolled in law
school because she wanted to work as th e
administrator of a charity and was tired of
being asked how fast she t yped. At first, she

28
Dian n e T. Re nwick ’86

tries, and has a large asy lum caseload. It calls on


interpreters wh o speak more than 60 languages.
In a given week, Ferris may hear cases from nine
or more countries. Chinese and Albanians are
the most commo n petitioners, but on a single
day recently, Ferris heard cases involving nation-
als of both Ou ter and Inner Mongolia.
Att empts at fraud are com mon, and Ferris
works hard to detect it . “I take my oath of office
very seriously,” she says. However, she cannot
blame people who h ave had “awful lives” and try
to get into the United States. “Th ere’s nothin g so
wonderful as being able to tell p eople they can
stay here for the rest of their lives, especially
when terrible things h ave happ ened to them in
their home countries.”

WAITING FOR HER CASE S TO BE CALLED A S A FED-


eral defender, Dianne T. Renwick ’86 used to pass
the time pondering “ what the judge sho uld d o” in
response to t he various legal issues before the
court. “ Not only was I analy zing th e jud ges’ deci-
sions, but I was enjo ying the p rocess,” she says.
When she got the opp ortun ity, Renwick was
delighted to make the judicial calls for real.
Renwick, born and raised in the Bronx, says
she en rolled in law scho ol because “ I was always
interested in fairness, in civil righ ts and h uman
righ ts and law seemed like the p erfect avenue
through which to p ursue these interests.” She
was impressed by what Cardozo had achieved in
a sho rt perio d of time and by th e faculty , but says, “I sometimes m iss th e excit ement of trying cases. How-
don’t think I app reciated the Socratic method as much ever, I do not miss the long hours d uring trials or the
th en as I do now.” time away from my family.”
She participated in t he law school’s Criminal Appeals In March 1997, sh e was appointed a Housing Court
Clinic and the Criminal Law Clinic, experiences that she judge. Less than a year later, she was elected to the Civil
found rew arding, if a little intimidating at times. “I en- Court. She would like to someday move on and become
joyed exp loring what the work of a lawyer entailed,” she a justice of the State Su preme Court, but says, “Being a
says. However, becom ing a judge was not in t he fore- judge is a constant learning experience and I’m still
front of h er mind . “ Th ere was too much I felt I needed learning.”
to accomplish. At that time, becom ing a good lawyer was Renwick, who is 40, was th e yo ungest African-
my primary goal.” American woman elected to the Civil Court in Bronx
After law school, Renwick worked in the Bro nx office County. Civil Court judges hand le a broad range of
of the Legal Aid Society for two and a half years. She issues that she finds very interest ing. “You have an
then sp ent eight years in Broo klyn as a trial attorney in oppo rtunity to really see th e community and assist peo-
the So ciety’s Federal Defender Division, representing ple,” she says. A Bronx criminal court judgeship was not
clients ch arged with drug importation and oth er majo r an option because Renwick is married to Robert
federal offenses in the United States District Cou rt for Johnson, the Bronx Count y District Attorney. Although
the Eastern District. “I loved the work. It was challeng- sh e could have sat in another borough, she preferred to
ing and stimu lating,” she says, ad ding t hat “even now I remain close to her two yo ung children.

SUMMER 2001 29
A LU M N I O N T H E B E N C H

Among the mo st important qualities for a judge is judge, was elected in 1996.)
“patience,” Renwick says. The Civil Court sometimes is When the Democrats approached her to run, th e first
called the “ People’s Court” because litigants use its Small reaction of th e previously nonpolitical Berkowitz was,
Claims Court to press their claims without the assistance “Wh y sh ou ld I do that ? I can’ t win.” Sh e was m ore than
of counsel. T his is gratifying to Renwick, who finds th at surprised by her victory. “I was shocked.”
“p eople want someone to listen to their case.” She con- Berkowitz grew up on the South Sh ore of Long Island,
tinues, “Not surprisingly, th ey feel good when the judge only four miles from where she now lives. At Cardozo,
and court personn el treat th em with respect.” sh e signed up for what was then the recent ly established
Criminal Law Clinic, an experience that helped get h er
a job at Nassau County Legal Aid, where she worked for
T HE RE ACTIO N OF M ERYL BERKOWI TZ TO T HE QU ES- 16 years, rising to a sup ervisor’s position. With three
tion was what you might expect from a veter an trial young daughters at home, she eventu ally left th e agency
attorney. “I screamed out ‘objection’” says Berkowitz ’81. and was in private practice when she ran for ju dge.
But Berkowitz was not acting as one of the lawy ers in Many jud ges come from a backgrou nd as prosecutors,
the case. She was the judge. but Berkowitz said that defense attorneys also make
“I guess the objection is sustained,” one of the lawyers good judges. For one thing, after years of d ealing with
noted wryly. defendants, “I kn ow all the stories.” More important, as a
Berkowitz’s momentary disorientation was u nder- defense attorney , “you try very hard to be fair,” she says.
standable. In 1999, she was one of the first Democratic Ironically, given her professional background, Berk-
candidates in 60 years to be elected a county judge in owitz initially was not assigned to hear criminal cases.
Nassau County, a Republican stronghold until the col- With crime rates falling recently, there is a greater need
lapse of the county ’s finances. (David Gross ’87 was for judges in the civil arena. Berkowitz found herself pre-
elected a District Court judge in the same election. Dan a siding over accident and divorce cases as an acting state
Mitchell Jaffe ’86, also a Nassau County District Court Supreme Court justice. Her cases have called into play

Meryl B erko witz ’81 (cen ter)


with Da na Mitch ell Ja ffe ’8 6
and David A. Gro ss ’8 7
A LU M N I O N T H E B E N C H

other aspects of h er experience. “Anybody who is mar- any job that I would like more,” she says.
ried can identify with the problem s in a marriage,” she Pearl came to Cardozo alread y interested in family
says. It has been an ad vant age to work with people who and juvenile delinquency issues. Sh e had a doctorate in
haven’t already formed an op inion of her. “I started out psychology and thought that a legal degree “would be an
my career as a judge in front of people who didn’t know excellent addition for helpin g people.” T he school
me as a lawyer.” seemed sy mpathetic to p eople starting a second career,
All in all, “it’s been a real
learning experience.” Sh e
wishes t hat “ every lawyer
could sit on the bench and
watch thin gs from that van-
tage p oint.”
Berkowitz, who was elect-
ed for a 10-y ear term, adds,
“I’d like to h ave this job for a
very long time.”

FAMILY CO URT J U DGE JANE


PEARL ’87 sat behind a vase
brimm ing over wit h purple
flowers an d listened as the
attorney for a mother with a
temper said she did not want
to go to anger management
therapy . “ My client doesn’t
want to go to any m ore pro- Jan e Pearl ’87
grams ,” the at torney said.
Pearl said that the woman
could attend family counsel-
ing. The counselor wou ld decide whether any addition- and she was attracted to “the won derful p rogram in law
al therapy was needed to repair the woman’s relation- and literature” taught by Prof. Rich ard Weisberg.
ship with her daught er. While at Cardozo, Pearl participated in a summer
The Cardozo graduate has been decid ing su ch issues seminar on judicial ethics that included an internship at
since she was app oint ed last y ear as one of a d ozen New Family Court. After graduation, she worked as a law sec-
York City Family Court judges in the Bronx. Her princi- retary for two years and in the family law department of
pal ro le is to hear cases involving the ab use and neglect a private firm b efore going on maternity leave. She
of children. T he work “ interests m e in ways that are b oth retu rned to Manhattan Family Court as a hearing exam-
legal and d eeply emotional,” she says. iner and referee before becoming a judge herself.
Pearl seek s to marshal the resources of the legal and Pearl says th at she does not act as a therapist on the
th e therapeutic communities in a pro-active, yet flexible ben ch, bu t her psychology training helps h er assess the
eff ort to protect child ren and preserve families. Outside evidence in the cases before her. As a judge, she mu st
h er small courtroom, dozens of adults and children mill pay attentio n to immediate detail—what’s h appen ing in
around a large , noisy waiting room, waiting their turn to a child’s daily life—and to “global constructs”—what
app ear before Pearl and her colleagues. needs to hap pen as th e child grows and develops. The
Some judges are demoralized b y th e confusion and court is busy, and Pearl must be very careful that she
what they regard as the futility of their efforts. Pearl says does no t miss somet hing important in a rush to move
th at it is imp ortant to guard against ju dicial burnout, but cases t hrough the syst em.
“it is possible to judge without being judgmental.” She Caseload delays cause pain to p arents and children,
says she has no p lans to use her current p osition as a Pearl says, “b ut you can move cases along in a way t hat’s
stepping-stone to anot her judgeship. “I cannot think of attentive to the needs of the parties.” ■

SUMMER 2001 31
news & notes
ALUMNI

Alan Dershowitz Commencement honored as well. The Law


Delivers Commence- sp eaker Alan School gave Dean S tewart
Dersh o witz, Felix Sterk the Monrad G.
ment Address Frankfurter Professor, Pau lsen Award for devoted
Harvard La w Scho o l service to the vitality,
The Class of 2001 celebrat- ideals, and p urposes of
ed Cardozo’s 23rd com- legal education. Each year,
mencement in Avery the graduates select th eir
Fish er Hall of Lincoln LL.M. graduate favorite m embers of the
Center for the Performing Andreas Karl faculty and administration.
Arts. Alan Dersh owitz, Felix Aschenbrenner Andrew Leftt, SBA presi-
Frankfurt er Professor at received the Louis den t, presented the awards
Harvard Law School, d eliv- Many stu dents were hon- Henkin Award , also for to this year’s winners: Larry
ered the keynote address, ored for distinction in acad - superior scho larship. Cunnin gham ’88, Eva
urging graduates to b e wary emics and contribu tions to Melissa M. Mathis was Hanks, and Gary Galp erin
of the t reacherous ethical journals, the commu nity, given the Felix Frankfurter ’80, adjunct professor. Lynn
conflicts t hey will face as an d various fields of law. Award for ou tstanding Wish art was recognized for
lawyers. He asked them to Jocelyn Lau ra Santo, academic maturity, respon- the most outstand ing assis-
deliberately ch oose a moral who was th e only member sibility, diligence, and tance to stud ents. Th e
system for gu idance. of the class to graduate judgment; th e Samuel Anita Walton Awar d for best
A festive mood prevailed summa cum laude, received Belk in Award for scholastic administrator was given to
as 298 men and women the Louis D. Brandeis achievem en t coupled with Isabel Balson, registrar.
received J.D. degrees and Award for best academ ic exceptional cont ributions to
46 received LL.M. degrees. record over t hree y ears; the Law School was given
to Alan Gotthelf.
Several professors wer e
Andrew Le ftt, SB A p reside nt,
presente d the facu lty awards. Gary Ga lpe rin, b est
ad ju n ct p rofessor Stud en t s p eak er
Sco tt M cCo y

Ev a Han ks , YU
b est President
first-year Norman
professor Lamm

Card ozo Ch airman


Larry Cun n in gh am, Ea rle I. Mack
b est p rofessor
Ala n Go tth elf, Samu el Be lkin
Award winn er, an d 30 Named to
Ada m Gran t, SBA le ad er Order of the Coif

In a ceremony that took


Jo celyn Lau ra San to place just before com-
received the Lo uis D. m encement, 30 J .D. stu-
Bran d eis Award dents received t he Order of
An nita Swait,
the Coif, the legal honor
LL.M. gra du a te
th at is bestowed on those
Micha el Turner wh o finish in the to p 10
an d Vivian Walton percen t of the class. Bonnie
Steingart ’79, a memb er of
the Cardozo Board of
Directors, received an ho n-
orary Order of the Coif.
NYU Pres id en t Jay
Oliv a h o od s Dan iel
Regan Clas s of 2001:
Broo k e Ro byn Bass
Martin Earl B eele r
Kare n Bekk er
There sa M arie Be vilacqu a
Jen n ifer Nicole Deitch
David Tod d Feu erste in
Aaro n Ed wa rd Fredrickson
Dan iel Steven Gordon
Jennifer Alan Go tth e lf
Deitch an d Adam Keith Grant
Rober t Davis Jo na th an E. Gross
Dan iel Je remy Haies
Jaso n Elliot Ha lp er
Steven J. Ho rowitz
Mark M u kas ey ’93 ho o d s Beth From Rach e l B roo k e Jaffe
Albert N. Lu ng

Dean Pau l Verku il with n ew Neeli Berg er M argolis

memb e rs o f th e Order o f th e Co if Me lissa M . M ath is


Ju lia Lo u ise Mattso n
Sco tt Dan iel McCo y
Mich elle Mo n iq ue Micio tto-
Kostun
Mich ael J. Parrish
Sco tt Jo n ath an Posn er
Den nis Rimku na s
Mich ael Ho ward Rog ers
Jo celyn La ura San to
Kara B lair Sch issler
Dmitriy Sh leymo vich
Marc H. Simo n
Ju lie C. Young

33
Alumni Featured Duffy and Moore, where he
in New York Law became known for such
stun ts as bringing a piano
Journal
into a co urtroom. Today,
after 11 years as a solo prac -
Proud to Practice titioner, Ch uck has the lux-
Per sonal Injury Law ury of ch oosing h is cases
Peop le always told Chuck carefu lly, accepting only a
Silverstein ’84 he would be few per y ear.
a good lawyer. It appears How does Chuck
that after 17 y ears of prac- Silverstein select a case? He
tice h e has proved them says it has to b e something (Fro m left) Ro n Geffn er ’9 1, M artin Sta nk iewicz ’00 , Den nis Hirsch ’97 ,
righ t. A former musician significant, either in magni- an d Jeffrey Gold b erg ’9 5, a ll o f Sad is & Go ld be rg.
and bartender, Chuck is tude, in a point of law, or
now a successful medical where some inju stice clear- negative public image of veteran of numero us con-
malpract ice plaintiff’s at tor- ly has been done. Ch uck personal inju ry attorneys troversial cases. Jay, along
ney, with more than a has represented some every day. He foun d that with his partner and fello w
dozen seven-figure settle- unlikely client s including a the b est response is to Cardozo grad uate Deborah
ments and verd icts un der heroin abuser and a man establish you rself as a credi- Kahn ’83, recently won
his belt. He obtained his who lost his winning lo ttery ble attorney and to not Gindy v. Gin dy, in which a
first p art-time job during ticket, as well as other accept frivolo us cases. Bro oklyn ju dge ruled that a
law sch ool throu gh the newsworthy cases th at Chuck is clearly p roud of husband wh o refused to
placement office, and after appeared on the cover of the practice he’s built, and give his wife a Jewish reli-
graduation joined t he law th e New York Law Journal. proud to know that some of gious divorce (Get) mu st
firm of Kram er Dillof Tessel Chuck think s about the h is cases have been used as provide lifet ime sup port for
examples at seminars d is- his ex-wife. T he decision,
cussing issues such as how reported on the front page
Cardozo Gains to handle liens and the use of th e New York Law
CLE Provider Status of expert witnesses. Aft er
years of solo practice,
Journal o n May 3, has a sig-
nificant impact on the
A record number of alumni came back to Cardozo to Chu ck will soon have a Orthodox Jewish communi-
obtain som e needed continuing legal education credits; partner, Michael Bast, who ty. Mr. Gindy will have to
they found them selves experien cing nostalgia as they sat has been working with him provide permanent mainte-
in a classroom to learn once again abou t New York Civil for abo ut seven y ears. nance payment s to his ex-
Procedure from Prof. Bu rt Lipshie. For the 100- plus attor- Ch uck reminisces about wife desp ite th eir short,
neys, th e event also turned into a minireunion. Now that Cardozo, particularly with childless marriage based on
Cardozo has been approved as a New York State CLE regard to his number one the fact that as a member
provider, many more programs will be offered by th e Law status at the old pinball of the S yrian Ort hodox
School and the Alu mni Associatio n. The next event will machine and number two J ewish community in
be an ethics co urse taught in t he fall. status in Ms. Pac Man. He Bro oklyn, she would never
also remembers well a be able to remarry within
num ber of faculty m em- her commu nity witho ut the
bers, includ ing Professors Get. Jay hop es that this rul-
Jacobson, Shup ack, and ing will help Mrs. Gindy to
Zelinksy. Chuck is a regular obtain the Get , since her
particip ant in Cardozo’s getting married again is the
ITAP program. only way to end t he hus-
band’s obligations.
Civil Divorce Drives a Jay has had other news-
We dg e f or Cl ien t’s Ge t worthy cases recently,
The world of matrimonial includ ing an important
law is anyth ing but routine ruling from the New York
Pro f. Bu rt Lip sh ie teaching CLE co u rs e to alu mni. to Jay Bu tterm an ’89, a Court of Appeals involving

34 CARDOZO LIFE
the rights of children bo rn Alumni Admitted
out of wedlock, which was to Supreme Court
reported a day later in the AS CARDOZO
and Attend a
May 4 New York Law LIKES IT
Journal. Th e law firm D.C. Reception In Feb ruary, alu mn i
But term an, Kahn & an d frien d s a tten de d
Gard ner LLP, wh ich Jay On March 27, a group of Shakespeare’s As You
found ed in 1991, also han- alumni were admitted to Like It a t th e Sto rm
dles ent ertainment law, real the United States Supreme Theatre. The 50 -p lu s
estate, general litigation , Court and t hen enjoyed a atte nd ees filled the small Off-Bro ad way the ater, mak ing it
and business law and has session of oral arguments tru ly a Ca rdo zo eve nt. After th e p erforman ce, g u ests a tte n d-
received the h ighest rating where they could observe ed a wine an d cheese re ce ptio n w ith th e cast. Law ren ce Kle in
in Mart indale-Hu bble. the nine justices in act ion. ’94 is sh o wn h e re with Jen n ifer Piech , wh o starred in the
J ay “really liked law Prof. Michael Herz, a for- sh ow and w as previou sly o n Bro ad way in Titanic.
school” and acknowledges mer Supreme Court clerk,
Cardozo’s “extraordinary made t he motio n for the
faculty,” especially family group and shared some staff met with alum ni at a on the mailing list for
law professor Bob Dobvish. inside information about recept ion at the law firm of either event , please contact
the Su preme Court at a Crowell & Moring, thanks Barbara Birch in the Office
Alu mni Team Sco res breakfast that morning. to partner Cliff Elgarten ’79, of Alumni Affairs at 212-
Consumer Victory Admitted alumni were who is pictured here (cen- 790-0293, or by e- mail at
Soon after Jeffrey C. Gold- (from left below) David ter) with Paul Epstein ’85 bir ch@ymail.yu .edu . Sp ace
berg ’95 joined forces with Baskind ’96, Leslie Berman (left) and Dean St ewart is very limited.
solo practitioner Jack Sadis ’93, Steph anie Gayden ’93, Sterk. Next y ear, there
to form Sadis & Gold berg Averlyn Archer ’93, Susan will b e a reception for
LLC, they exten ded part- John ’93, Daniel Bernstein D.C. metro alumni on
nerships to Cardozo gradu- ’96, and Way ne Halp er ’79 March 19, 2002, fol-
ate Ron Geffne r ’91 and (not pictu red). lowed the next day by
attorney Douglas Hirsch. The evening before the a Supreme Court Ad -
Together, th ey h ave built a swearin g-in, faculty and mission. To be placed
thriving general practice in
midtown Manhattan. Th e
fu ll-serv ice law firm recent-
ly hired two associates who
also are Cardozo graduates:
Denni s Hirsch ’97 and
Martin Stankiewicz ’00.
Ron attributes the firm’s
success in part to the Car-
dozo t eam wh o “becau se of
the ed ucation they received
at Cardozo are, by and
large, entreprenurial and
th ink ou tside the box.”
Sad is & Gold berg’s court
victories were featured on
the front page of the New
York Law Journal twice;
both articles highlighted the
firm’s lit igation d epart ment
and its zealous advocacy
and victories in the area of
consumer warranty law. COLLE CTION O F THE SUP RE ME COURT OF THE UNI TED S TATE S

S UM M E R 2001 35
Reunion Celebration
The Bear Ballro om at the Russian Tea Room
was a glorio us setting for the grad uates of the
Classes of 1980, 1981, 1985, 1986, 1990, 1991,
1995, and 1996, who celebrated th eir reunions
on June 7. More than 300 alum ni reminisced
with classmates, faculty, and administrators
while enjoying some Russian- style delicacies.
Members of the reunion committee helped
ensure the event’s success.

Th e reu nio n p arty was h eld in th e Bear Ballro o m at th e Ru ss ian Te a Ro o m.

Alan Eisen ste in ’90 an d


Pro f. Peter Lu s hin g .

Sta cey Rich man ’9 1, Deirdre Waldron-Power Fran ce s Kamin er-Py le ’80, Ca ro l Sch n eid er-
’91 , an d Pro f. Ba rry Sch eck Levy ’8 0, and Deb b ie Ins d orf ’80

Stephanie
Kramer ’91
an d Iv an a
Willia ms ’9 1

Su san Pan is ch ’9 6 and Le n Ritz ’96

Jo an Waks ’85 , Ro semary Byrn e ’80 , an d Ellen


Cherrick ’80

Att en tion Classes of 1 982,


19 87, and 1992!
Co mmittees are n o w formin g to h elp
Pro f. M elan ie Leslie ’9 1 and
organ ize yo u r class reu n io ns. Ge t
Jo sep h Fo n tak ’91
in volve d an d en su re a su ccessfu l even t
Ch ris top h er A. See ger ’90 , Ste ph en
fo r yo ur cla ss. Call 2 12-79 0-0 293 to jo in
A. Weiss ’90 , an d Od es sa Gorman-
(sma ll time co mmitmen t).
Stap leto n ’9 0.

36 CARDOZO LIFE
Alumni Support
Capital Campaign David Berg Foundatio n
Supports Publi c
with $100,000
Interest
Pledges
Th e ne wly estab lish ed David

Stephen A. Weiss ’90 and Berg Fo un d atio n mad e a g rant

Cardozo Board member o f $5 0,00 0 to su p p ort pu b lic

Eric M. Javits lau nched two interest stipe n ds for Ca rdozo

prestigious givin g so cieties stu den ts. Twen ty stu d en ts h ave

in October at a well-attend- b een n a med David Berg Fello w s

ed cocktail party hosted by in Pu b lic In terest La w for 200 1

S amuel an d Ronnie an d received $ 2,0 00 to $3,2 00,

Heyman and featuring a en ab lin g th em to take un p aid

talk b y Prof. Richard su mmer p o sitio ns.

Weisberg. Grad uates who Th ey wo rked at su ch o rgani-

pledge gifts of $100,000 zatio n s as Vo lu n teer Lawyers

payable with in five years Pro f. Richa rd Weisberg s po ke in th e ho me of Ro n n ie and Samu el fo r th e Arts, US Atto rney’s

are invit ed to join T he Heyman on “R ecen t Ev en ts in Ho lo ca us t Restitutio n Litig atio n .” Of fice fo r th e Eastern District o f

J acob Burns Pillars of New Yo rk, Asian Pacific

Justice Society , named for al pled ge to suppo rt the ’88 an d Adam S. Gottbetter America n Leg al Cente r, So u th

Cardozo’s lat e chairman of Kukin Center for Conflict ’92 are the first alumni to Broo k lyn Leg al Services

the b oard. Mr. Weiss and his Resolution. join this importan t initia- For eclosure Preven tio n Project,

wife, Debra Weiss ’90, were The Scales of Justice tive. (For more information Cardozo’s In n ocen ce Project,

the first to step forward. S ociety is designed for on joining either giving th e Le ga l Aid Society, an d

Others inclu de James th ose who want to m ake a society , please call So uth Bro o klyn Leg al Services.

Schwalbe ’93, Evan Berger $100,000 gift but desire a Debbie Niederh offer, Th e late Da vid Berg served

’92, and Jon ath an Kukin more flexible time span to Director of Development, o n Cardozo’s Boa rd fo r 10 years

’87, who made an addition- pay it. Mitchel A. Maidman at 212-790-0288.) b eg in ning in th e early 198 0s.
Durin g h is lifetime Mr. Be rg
supported n u mero u s ed u cation -

Parents Attend Brunch 3L Challenge Looks al, cu ltu ral, an d social no n p rofit
organ izatio ns. Th e Fo u n dation
The first annual Cardozo Parents Day for all J .D. and to the Future co n tin ue s h is le gacy.
LL.M. students and their families was held on a
snowy January day. After a champagne brunch ,
Th e 3L Challenge, inaugu-
guests toured t he building and h eard about p lans for
rated last year, is a class class of ’01: Catherine Alin,
upgrading facilities and th en attended miniclasses
giv ing program in wh ich Reuven Falik, Ryon
taugh t by members o f t he faculty.
students show their intent Fleming, Sara Gershuni,
to becom e active alu mni by Melanie Hayes, Kevin
m aking multiyear pledges Heller, Rachel Hirschfeld,
to Cardozo. Th is year, stu- Alexandra Hochman,
dents chose to designate Sharon Beth Kristal, Simmi
the gift for a broad spec- Prasad, Dennis Rimkunas,
trum of progr ams, includ- Lisa Tuntigian, and Rob
ing th e library , loan repay- Zanetti; Class of ’02:
ment p rogram, Public Cy nt hia Devasia, Rachel
Interest Sum mer Stipend, Posner, and Melissa
and the Onlin e Jou rnal of Stewart; and from th e Class
Conflict Resolution. The of ’03: Deborah Ginsberg
Jeffrey an d Arlen e Co h an with th eir da ug h ters , Stacey ’02 committee, spearheaded by and Brian Kidd, and LL.M.
an d Jo an n a ’0 4. Peggy Sweeney ’01, candidates S hakeel Ahmad
includes members of the and Pilar Toro ’02.

S UM M E R 2001 37
around CAMPUS

Clinton Receives tions fo r his Mr. Clin ton with Melissa


Advocate for Peace eff orts to promote Stewart ’0 1 a nd Peg gy

Award peace in Ireland, Swe en ey ’01 (rig h t)


Bosnia, Korea,
and the Mid dle
To a standing-room-only East. COJCR and audience of more
crowd of students and ILSA created the th an 300. Dean
faculty who roared their aw ard in 1999 to Verk uil closed the
enthusiastic greetings, for- provide recogni- proceedings by
mer president William tion and encour- thanking Mr.
Jefferson Clinton strode agement for th e Clinton for “a spell-
onto the stage in the th ird efforts of those in binding address …
floor lounge, where h e was th e international what we will
to receive the second alternative d ispute resolu- Holbrook e, who also attend- remember from this after-
annual Advocate for Peace tion community. And as ed this y ear’s event with noon’s talk is not your
Award given by the Cardozo exp lained by the stud ents his son. grasp of the facts, as daz-
Onlin e Journ al of Conflict durin g the ceremony, t he In bestowing the en- zling as that is, bu t your
Resolution (COJCR) and t he aw ard is for those who “b y graved cry stal plate to Mr. humanity, your sense of
Internatio nal Law Students their deeds and efforts Clinton, Melissa Stewart, purpose, y our und erstand-
Association (ILSA). Mr. sought peace.” The inaugur- president of ILSA, and ing that redemption on
Clinton was selected by t he al recipient was former Peggy Sweeney, editor o f eart h is possible.”
students in these organiza- ambassador Richard COJCR, q uoted Abraham Mr. Clinton started b y
Lincoln, who once said , quoting Justice Cardozo,
“T he best way to destroy an who “once wro te that pros-
CA RDO ZO ANN OUNCES $2 5 MILLION enemy is to make him a perity is in union, not divi-
CAPITAL CAMPAIGN friend.” T hey continued, sion.” He tied that theme
“We believe this describes together with several oth-
Card o zo lau nch ed its first cap ital ca mpa ign with a p hase Mr. Clinton’s ap proach to ers: th e idea that we are all
o n e g o al o f $ 25 millio n. Th is is a sma ll b u t sig nifican t conflict resolut ion within created equal and that no
part o f Yesh iva Un iversity’s o verall ca mpaign , wh ich h a s the international arena. He one has a m onopoly on
a $40 0 million g o al. At the time of the an n o un cemen t in brings peop le together. He truth, emphasizing that
Ju ne, 1 0 d o no rs h ad co mmitted g ifts o f $ 10 millio n or pu ts people first.” peace requires letting go o f
more, p ro p ellin g th e Un iversity’s ca mpa ig n well o ver th e In his remarks, Dean old hatreds and requires the
h alfway mark . As o f th e same d ate, Card o zo had Verk uil not ed that the ability to visualize a future
received g ifts a n d pledg es to talin g ab o ut $13 millio n — event drew criticism and different from the p ast.
ju st a little more th an h alf o f th e Law Sch o ol’s g o al. Th e protests as well as praise for He to ld personal stories of
mo nies are ea rmarke d for sch o larsh ip s, faculty sup p o rt, the former presid ent. Ho w- people from whom he
an d th e ren ovation and e xpansio n o f the facility, in clu d - ever, he said, a law sch ool learned imp ortan t lessons
ing a n ew Jaco b Bu rn s M oo t Co u rt Roo m, exp an de d “thrives on activism, contro- in negotiat ing peace,
lo bb y and lib rary, an d renovated classro o ms. versy and scholarship … it includ ing Nelson Mandela,
(Se e p p 20 to 24 .) mak es better lawyers.” King Hu ssein of Jordan,
Mr. Clinton’s speech was and Yitzak Rabin of Israel.
very well received by th e In discussing the Midd le

S UM M E R 2001 3
CARDOZO BEGIN S 2 5TH AN NIVERSARY
East conflict, he noted espe- an d work together and live CELEBRATION
cially that he was “d eeply together. And the Torah Twe nty-five yea rs ag o th is Sep temb er, Card o zo welco med its
disappointed ” that h e was says that he who turns first stu d en ts. To b eg in th e yea rlo ng cele bration of the 25 th
u nable in the end to con- asid e from a stranger might anniversary, a kick o ff pa rty fo r th e entire Card o zo co mmun ity
vince the Palestinians and as well tu rn aside from is sch ed ule d fo r Sep temb er 6 . Th e an n iversary th eme is taken
Israelis to make p eace. To God. In the name of th ese fro m Ju stice Cardozo’s famo u s q u ote, “The cause o f law is the
close his remarks, Mr. faiths, p eople have fought welfare o f so ciety,” e mblazon ed on th e wall scu lp tu re th at
Clinton d rew on the teach- each other over that tiny, g race s th e sch oo l’s lo b by. A series o f con fere nces, g alas,
ings of the three monothe- sanctified, an d sullied piece d in ne rs, an d o th er eve nts, in clu d in g the co n ferrin g o f th e
istic religions that were of land .” However, he con- Demo cracy Award , is p lan ned to co mmemo rate th e Law
born in the Middle East, tinued, if you believe that School’s fou n d ing a n d ach ieve men ts. All memb ers o f th e
saying, “When Christ was “we are all children o f God, Card o zo co mmun ity are in vited to p articip ate an d sh are in the
asked what is the greatest created equal … then celeb ratio n an d sp ecial a ctivitie s.
commandment, he said to everyone has a role to play
love God with all y our [working for peace] and we
heart, and the secon d is will all be better wh en we wisdo m, to let go? To real - Office of Communications
like it, to love your neigh- help each other.” ize that you are never going and Public Affairs and used
bor as y ourself. The Koran He challenged th e stu- to get even and that every by the Admission s Office in
says that Allah put on earth dents and asked, “Do y ou day you remain in the grip recruiting students, won a
different peoples, not th at believe that no one, even of a hatred is a day that yo u Bronz e Award for excep-
th ey might despise each you, has the monopoly on give u p to you r demons, tional quality, creativity,
other but that they might truth? Do y ou h ave th e giving them permission to and message effectiveness
come to know each other strength of character, the steal y our life away from from th e Admissions
you day by day by day? Marketing Report Adv er-
Can you imagine that to- tising Awards Comp etit ion.
morrow could be d ifferent?
Students Raise $40,000 Towards The degree to which young
Public Interest Stipends New Teleconferencing
peop le like you, blessed
with go od min ds, good for-
Facility Expands Reach
Auction items ranged from Broadway tickets to dinners tunes, and good education, of “Wrongful
with members o f t he facu lty, to two Cardozo sweatshirts believe those things will Convictions” Course
signed by form er president Bill Clinton. Auctioneers were determine th e shape of the
drawn fro m th e faculty and administration, bidd ing was world we live in.” Last February , as students
lively, and more than $15,000 was raised at the 9th Ann ual began to enter th e newly
Goods and Services Auctio n presented by the Stu dent Bar operational video confer-
Cardozo Publications
Association. In addi- encing classroom at
tion, an anonymous
Win Honors Cardozo, they could see
$25,000 donation was second - and third-year law
given , making a total The stud ent newspaper, students at Duke, North-
of $40,000 raised for Th e Cardozo Insider, western, Cooley , and
the Cardozo Pu blic received an Honorable Tennessee beginning to
Interest Summer Mention in the best news- take seats in classrooms on
Stipend Progr am, paper Web site their respec-
which allowed 30 category by the tive camp us-
students to take sum- New York Press es. These
mer positions in t he Association’s other students
public sector. annual Better were live on a
College New s- screen at the
Viv ien Naim ’88 sh ows paper Contest. front of the
off o ne o f th e a uctio n’s Th e Cardozo lecture h all.
h o t items —a Clin ton - bu lletin, p re- The occasion
sign ed Card o zo pared by the was the first
sweatshirt. Law School’s meeting of

4 C AR DO Z O L I FE
Prof. Barry Scheck ’s class
Wrongful Convictions:
Cau ses and Remedies.
When the clock read
4 p.m. exactly, Professor
Scheck went to the podium
and said to the audiences,
“If you can hear us, wave
Th e Cardo zo Arts &
enthu siastically.” The stu-
Entertainme n t Law
dents on the various cam-
Journ al (AELJ) was
puses began to wave. Th e
award ed th e co n tract
months of p lanning by
to p u blish the win n in g
Professor Scheck and the
p ap ers a ssociate d with
Innocence Project staff in
th e Reco rding
concert with YU’s facilities
Academy’s 3 rd An n ua l
man agement team, MCI
Enterta inme n t Law
technicians, Prof. Lynn
In itiative Leg al
Wishart of the Ch utick Law
Writin g Co n test. Th e
Library, and Cardozo
even t, wh ich is
administrators were bearing
cosponsored b y th e
real fruit.
America n Bar
Professor Sch eck intro-
Associatio n , is pa rt o f th e 4 3rd Ann u al GRAMMY® We ek. As a resu lt of this ho n o r, AELJ
duced t he semester’s first
ed ito rs Sarah War ren ’01 an d Pau lette Fo x ‘0 1, sh o w n here o n th e p ro verb ial “red
lecturer, Richard A. Leo,
carpe t,” atten d ed th e GRAM MY® Awards in Los An g eles.
professor of criminology,
law & society and psych-
ology and social behavior at
the University o f California,
Irvine, and, according to
Professor Scheck, the
world’s leading expert on
false confessions. At the
end of Professor Leo ’s talk,
students on every campus
h ad t he opportunity to ask
him qu estions. Each week,
a world -class expert pre-
sented a live lecture at
Cardozo, and students at
th e four other schools
participated th rough vid eo-
conferencing technology.
Th is distance learning
course, an interdisciplinary
examination of the princi-
pal problems that lead to
the conviction of the inno- Many Ca rdo zo stu d en ts say th at o ne o f th e mo st reward in g an d p ractical exp erien ces o f
cent and the leading pro- law scho o l is pa rticip atio n in th e In ten sive Trial Ad vo cacy Pro g ram (ITAP). Each year,
po sals for so cial and judicial more th an 1 00 third -year stud en ts le arn h o w to do o p en in g statements, cross-
refo rm, is open to graduate examina tion s, clo sin g arg u men ts, an d all p ha ses o f crimin al and civil tria ls. Ab ou t 2 00
stu dents of law, journalism, visitin g faculty give d emo n stratio ns an d stud e nt critiq u es. Stu d en ts are also vid eo tap ed
psy chology , and other to learn h ow to imp ro ve th eir co u rtroo m style . Th e two -week p ro gram en d s w ith a
related disciplines. It is a b en ch and jury tria l b efo re a p racticin g ju d ge.

S UM M E R 2001 5
core offering for student s covered wer e eyewitn ess addition, readings for those makes it availab le on the
participating in Innocence identificatio n, Habeas and interested in pu rsuing top- Web, where it can be down-
Projects that have been po st-conviction remedies, ics further, links to relev ant loaded. Fro m th ese files,
spawned at schools DNA evidence, snitches, Web sites, a natio nal discus- professors are able to burn
througho ut the country. At junk science, ineffective sion foru m for stu dents, a a high-qu ality CD to show
least one facult y member counsel, p olice and prose- discussion forum fo r p rofes- in class. Ultimately t he lec-
supervises the class on cutorial miscondu ct, sors involved in the course, tures, com plete with tran-
each campus and leads in- innocence and the death and an area where students scrip ts translated into sever-
class discussions, assigns penalty, media and inves- can ask lecturers quest ions al languages, will be offered
and grades homework, and tigative jou rnalism, and were available. The course online to the global com-
provides other professorial innocence and race. will b e offered again this munity for CLE credit o r
functions. The substance of Th e class calendar, sy l- semester. general interest.
the cou rse, includin g read- labus, and all required A compan y that d esigns Mor e than 20 schools
ings, lectures, and online read ings were posted in and builds edu cational Web located throughout the
discussion, is provided by electronic format on a sites for th e legal communi- United States offered all or
Cardozo. Among the topics password-protected site. In ty films each lectu re and part of the course.

Schuck Examines Diversity


History o ffers few examples of cultures that value diversi- that p rivate and public institu tions should foster. In p art ,
ty, Peter Schuck, Simeon E. Baldwin Professor of Law, Yale this may be explained by the fact th at Americans have
Law School, told an aud ience at Cardozo. come to accept diversity as a demograp hic fact of life that
S chuck, who delivered the annual Bauer Memorial cannot be reversed. T hey m ay wish there was less imm i-
Lecture, said th at altho ugh “ mongrel cultures” based on gration but admire the immigrants they know p ersonally.
trad e are among history’s most dynam ic and most success- Labo r unions that once fo ught t he admission of peop le
fu l, the sp read of diversity u sually has been marked by who wou ld compet e for a limited nu mber of jobs now see
“co untless blood-soaked battle monuments and endless immigrants as p otential new members in a growing econo-
graveyards.” my. And there is a collective guilt about past wrongs done
But th ere is one notable exceptio n to this trend: today’s to minority groups such as J ews, Native Americans,
United States . African Americans, and Asian Americans.
“T he abstract id eal of diversity, almost alway s ignored “Many Americans believe we can have it both ways,
and opposed throu ghout hum an history, has now reached that the study, celebration, and maintenance of diverse
an ap otheosis in the United States,” he said. trad it ions is compatible to assimilation to core American
Schuck, whose lecture values,” Schuck said. A
represented a “p reface” to “mosaic” or a “lu mpy chef’s
an ongoing study of law and salad” has replaced the
diversity , conceded that “melting pot” as th e favored
large-scale immigration in metap hor in d escribing the
the nineteent h and early relationship of ethnic
twen tieth centuries sparked grou ps to American society.
debate about eth nic diversi- The struggle of African
ty in this country. Also, Americans for equal t reat-
minority groups h ave fre- ment h as provided a tem-
quently suffered repression, plate for the political st rug-
while “assimilationists” have gles of other ethnic groups.
sought to dissolve d iffer- Meanwhile, new technolo-
ences in favor of 100- gies h ave familiarized peo-
percent Am ericanism. ple with diversity in its
Nevertheless, m any most attractive forms. This
Americans have come to Dean Pau l Verku il, Pro f. Peter Sch u ck of Yale Law Sch o o l, an d is “diversity on the cheap
valu e diversity as an end New York Law Sch o ol De an Harry Wellington and witho ut risk.”

6 C AR DO Z O L I FE
Scholars Visit to workplace and environ- approach to int ellectual free speech,” h e said .
Discuss Intellectual mental righ ts in its consti- property problems. Eugene Volkok h of the
Property tution to counterbalance Hamilton said that the UCLA School of Law said
the emphasis on p roperty. Napster dispute had solved that copy righ t restricts
Prof. John O. McGinnis “one of the most important speech and should be
At a series of events, emi- said that such standards issues in all o f international accompanied by p rocedural
nen t legal scholars contin- could become a source of prop erty law—how to gen- safeguard s like th e ones
ued to discuss and debate protectionism and he was erate a debate about co py- u sed in th e libel field. Jack
the evolution of intellectual concerned that not enou gh righ t.” She argued t hat Balkin of Yale Law School
prop erty in the new global has been done to consider copyright is a form of pri- noted that information is a
eco nom y that increasingly source of wealth, an d there
treats information as a has been a tilt in favor of
form of wealth as well as a rights to hold information
social good. as property.
In March, “In tellectu al Later in the day, Jessica
Lawmaking in the New Litman of the Wayn e State
Millennium” focused on
ways global elites are shap-
ing world trade and intel-
lectual p roperty laws, per-
hap s at the cost of socioeco-
nomic rights and natio nal
sovereignty, wh ile in April,
panelists offered provoca -
tive insights about how t he Pro f. Wen d y Go rdo n , Bo sto n Univers ity Sch o ol of Law,
Internet and new commu- sp ea kin g at “C o p yrig ht Law a s Co mmu nicatio n s Policy:
nications technologies have Converg en ce of Para digms an d Cu ltures.”
encouraged a convergence
of copyright and communi- how “we will restrain inter- vate censorship.
cations policy t hat is national organizations .…I “It is the ability
increasingly evident in look at the history of our to silence some-
academic scholarship, legal own Co nstitu tion, and I see one else, and we
practice, regulatory solu- danger again.” have to think
tions, and attitu des toward Corporations increasing- carefully abou t Dean Verk uil with keyn o te s peake r Geo ffrey
Congress. ly are lobbying other when we do that Sa u Ku k Yu , as sis tan t d irecto r g e ne ral,
At the earlier confer- coun tries and international an d when we Wo rld Intellectual Property Orga n izatio n, at
ence, sp eakers expressed organizations to influ ence don’t.” “Wo rld Trad e, In tellectua l Property, an d th e
concern about the ways in American laws and This was Glo ba l Elite s: Intern atio nal Lawmakin g in th e
wh ich multilateral groups practices, said Marci A. also among the New M illen n iu m.”
like the World Trade Hamilton, Th om as H. Lee concerns and
Organization (WTO) are Chair in Pu blic Law and themes of th e April confer- University S chool of Law
driving domestic law and director of Cardozo’s ence. Neil Weinstock said that co pyright holders
behavior. W TO’s agreement Intellectual Property Law Netanel of the University of prefer to sue intermediaries
on Trade-Related Aspects of Progr am. Thus, lobby ists Texas Scho ol of Law cited like Napster, b ut noncom-
Intellectual Pro perty Rights may secure action fro m the the example of an attempt mercial users also may be
(T RIPS) is based o n “b road- Europ ean Union and then by the heirs of Margaret vulnerable to infringement
ly delineated property lobby Co ngress so the Mitchell, the au thor of actions. “It’s becom e neces-
rights,” said Gail Evans, a United States can “catch Gone With the Wind, to use sary to sell the notion that
professor at the Sout hern up.” As a result, the their copyright protection individuals who exchange
Cross School of Law and Supreme Court may some- against a retelling of th e music on th e Internet are
Justice, New Sou th Wales , day confront the constitu- story from the viewpoint of evil p irates,” she said. “That
Australia. She suggested tionality of legislatio n that a slave at Tar a. “This issu e sure looks like the copy-
that the agency incorporate reflects oth er natio ns’ raises seriou s qu estio ns of right police to me.”

S UM M E R 2 0 0 1 7
Baseba ll and the Law,
Followed by Baseball

Pro f. Ro b ert Jarvis,


An un usual conference
Nov a Sou th ea stern
attracted youngst ers wear-
University, su rprised
ing baseball cap s as well as
th e aud ie nce wh en
the usual academics and
h e app eared as th e
practicin g lawyers on a
conferen ce mas co t,
baseball-perfect spring day.
“Oliver Wendell
The event gave fans of
Wolf.”
baseball and the law—
described by Prof. Charles
M. Yablon as th e two most
po pular games in America
— a rare opportunity to discussed liability issues by th e Cardozo Law Review Eugene D. Orza, asso ciate
indulge their twin passio ns created by the proliferation and received su pport from general cou nsel for the
while earning a few contin- of team mascots. For exam- Fred Wilp on and the New Major League Players
uing edu cation cred it s in ple, “Oriole Bird” h as b een York Mets organization. It Association; David P.
the b argain. accused o f hitting a fan was organized by Dave Sam son ’93, executive vice
The conference even with his tail, and “Ph illie Feuerstein ’01, who was a president of the Mont real
h ad its own mascot, “Oliver Phanatic” was hauled into minor league ballplayer Expos; New York Times
Wendell Wolf,” in the p er- court for assau lting a cus- prior to coming to Cardoz o. baseball writer Murray
son of Nova Sou theastern tomer d uring an appear- After a day of academic Ch ass; Steve Greenberg, for-
University Professor of Law ance at a local paint store. present ations and policy mer d eput y commissioner
Robert M. Jarvis. After “Batter Up! From the debates, participants of Major League Baseball
cavortin g through the Baseb all Field to t he h appily adjourn ed to Shea and cofounder o f the
crowd, the costum ed Jarvis Cou rth ouse” was sponsored Stadiu m for dinn er and to Classic Sports Network; and
watch the Mets defeat the former baseball commis-
Housto n Astros, 8–2. sioner Fay Vincent lent
MO OT COURT A ND TRIAL TEAM S In addition to exploring validity an d star quality to
HAVE W INN ING YEAR baseball as a metaphor, th e day’s event.
speakers discu ssed in great Mr. Vincent said t hat
Th e Mo o t Cou rt Ho n or So ciety h as co mpiled an imp ressive detail the legal and eco- intangib le performance
record th is ye ar. At the Irvin g R. Kaufma n Memo rial nomic challenges facing rights have open ed u p the
Securities Law Co mpe titio n spo n so red b y Ford h am Law baseball as a business, prosp ect of “a spectacular
Sch o o l, th e team o f Sh an n o n Bo ettjer ’02 an d Nick includ ing ch anges wrought future” for Major League
Lag ema nn ’0 2 a dvanced to th e “Swe et Sixtee n” ro u nd . In by th e Internet , which Jack Baseb all, bu t “the b aseball
th e Tu lan e Invita tio nal Natio n al Sp o rts Law Comp etition , F. Williams o f Georgia State owners don’t believe in the
Tyler Len a ne ’02 an d Jessica Prun ell ’02 ad van ce d to th e University School of Law future of their own game
“Grea t Eig h t” ro u n d. Mary Alestra ’0 1 and Alan Go tth elf said have raised the issue of technologically or econom i-
’01 ad van ced to th e se mifina l ro u nd a nd wo n runner-up “who owns the back of the cally.” He su ggested that
fo r Best Brief at th e Ru b y R . Vale C o rpo rate Mo o t Co u rt baseball card?” the o wners discuss the
Competition. Another session featured whole issue of revenue
Th e Ca rdo zo Trial Team wo n the America n Trial a panel of well-known sh aring wit h the p layers.
Lawyers Asso ciatio n Reg io n al Co mp etitio n , b eatin g 2 1 baseball executives who dis- “T he history of
o ther sch o o ls. Team memb ers w ere Ma ry Alestra ’0 1, Jo h n cussed contract negotia- American business has
Co yle ’01 , Alyd ra Ke lly ’02 , an d Jenn ifer Loyd ’0 1. At th e tions, stadium construction, been that there h as to be a
Natio n al Trial Comp etitio n in New Orle an s, Cardozo and other current issues sharing of ownership with
ran ke d ninth . It wa s th e first Cardo zo team to rea ch th e facing baseball. Th omas J. th e employ ees,” he said.
n atio n al co mpetition . Ostertag, senior vice p resi- “Down the road, the players
dent and general cou nsel of will o wn a big piece of
Major League Baseball; baseball.”

8 C AR DO Z O L I FE
Burns Ethics Center Professor Yaroshefsky. th e most significant issues the Center is scheduling
Fosters Dialogue on Recently the Cent er h as in the criminal justice sys- conferences on DNA and
Critical Le gal Issues become more act ive in tem—the use of cooperating privacy and lessons from
spo nsoring p rograms, witnesses and informants. the South African Truth an d
lectures, and conferences, That symposium will b e Reconciliatio n Co mmissio n
Unless th e voices of the covering top ics that range published and was solicited for the 2001– 02 acad emic
po or are heard in the from lawyer’s u se of the for online presentation for year, and is wo rk ing with
American legal sy stem, m edia to DNA in th e court- cont inuing legal ed ucat ion Fordham’s Lo uis St ein
“we cannot pretend to our- room. This p ast fall, the courses. According to Pro - Center for Ethics to develop
selves th at we have an ethi- Center held its first sympo- fessor Yaroshefsky, ongoing a manual for legal services
cal system of justice,” the sium, d rawing together work in this area will be the attorneys. Professor
noted lawyer and activist prosecutors, defense subject of occasional p apers Yaroshefsky sees Cardozo
Burt Neu borne told an au di- lawyers, ju dges, and social of the Et hics Center. Con- becoming a center for
ence of more than a hun- scientists to examine one of tinuing its h eavier agenda, discussion and scholarship
dred at the Third Annual
Jacob Burns Ethics Center
Lecture. Neuborne called In April, th e Bu rn s Eth ics Cen ter
for “a crusade” to improve co n ven e d a “Fo rum on Faith-Based
th e access of the p oor to Ser vice s a nd Ch arita ble Ch oice.”
the sy stem. (Fro m left) Ellen Willis, d irector, NYU
That message has been Cultura l Jo ur nalism Prog ram an d
taken to h eart at Cardozo, fellow, Natio n In stitu te; Pro f. Ellen
where the Jacob Burns Yar oshefsky, d irector, Ja co b B urns
Center for Ethics in the Eth ics Cen ter; an d Pro f. David Co le,
Practice of Law honored Georgetown Un iversity Law Cen ter,
Neub orne with its first au th or o f No Eq ual Ju stice. Oth e r
Access to Justice Award. p an elis ts we re Rev. Ch eryl An th o ny,
The Center was estab- senior pasto r an d CEO, Jud a h
lish ed with the support of Intern atio n al Ch ris tian Cen ter, an d
J acob M. Burns, a lawyer vice ch air, Bo ard o f Cen tral B rooklyn
and longtime chairman Church e s, and Steve n Sh ein b erg,
of Cardozo’s Board of as sis tan t d irector, leg al affairs ,
Directors. Ellen Yaro- Anti-Defamation Le ag ue.
shefsky, the direct or of the
innovative Center, said th at Burt Ne ub o rn e (b elo w), Jo hn No rton
Mr. Burns was impressed Pomero y Profe ss or of Law an d lega l d irec-
by th e success of the tor, th e Brenn an Ce nter fo r Ju stice a t New
school’s trial ad vocacy pro- Yo rk Un iv ersity Sch oo l o f La w, de livere d the
gram and wanted to apply Jacob Bu rn s Eth ics Cen ter Lectu re “Acce ss
its lessons to the teaching to Ju stice: th e Co u rtro om as Forum.”
of ethics. Utilizing video
simulations and drawing
upon th e expertise o f
lawyers and jud ges who are
teaching fello ws in the
ethics program, th e Burns At an e ven t h ea vily atten d ed b y leg al aid atto rn ey s
Cen ter has taught hundreds an d d efen s e la wyers , Sa ul Kas sin (ab o ve), p ro fess o r o f
of students who become psychology, Willia ms Co lleg e, an d Pro f. Jo n ath an
engaged in p ractice-based Oberman s p ok e o n “Po lice In terro g atio n s a nd
settings. “We grapple with Co nfe ssio n s: Eva lu atio n o f a Defend ant’s Stateme nt
some of the most difficu lt an d th e Limita tio ns o f th e Law.”
ethical and mo ral issues
lawyers have to face,” said

S UM M E R 2 0 0 1 9
David Bo ies

about critical ethical and in th e case, arguing that the


moral issues in the delivery restriction would compro-
of legal services and the m ise the lawyers’ effective-
work of lawyers. ness and was contrary to
Professor Neuborne, the professio nal eth ics cod es.
legal director of th e Bren- Professor Neuborne said
nan Center for Ju stice at that wh ile the litigatio n
New York University School worked its way through the
of Law, d iscussed his ro le in courts, Cardozo provided
Velazquez v. Legal Services “sanctuary” for several attor-
Corporation, a recent neys who could not use
Suprem e Court decision legal services offices to craft
that overturned a 1996 con- arguments for their clients
gressional ru le barring fed- but who also could not drop
erally fund ed legal services the cases.
attorneys from challenging He also said t hat the David Boies Gives the Aftermat h of the 2000
existing law while advocat - Supreme Court decision, in Presidential Election.”
Inside r View on the
ing for public assistance re- freeing attorneys to argue Other presentations ch al-
cipients. The measure came against the status quo,
Presidentia l Ele ction lenged or defended th e
as state and federal officials created “a charter of rights legitimacy of Bush’s presi-
were instituting major for subsidized speech .” David Boies, ch ampion in dency, discussed th e elec-
welfare “reforms.” Th e reg- And its reasoning could be th e US Sup reme Court for toral college, and mused
ulation’s m essage to the used as an argument to presidential candidate Al abou t the state of p ub lic
poor, Professor Neuborne remove oth er restrictions Gore, delivered the keynote discourse in America.
stated, was that “ you could on representation of the address and sh ared his Mr. Bo ies discussed the
have h alf a lawyer.” poor. “Th e poor are entitled insights on Bush v. Gore at a Supreme Court’s ruling that
The Bu rns Eth ics Center to [legal] advice just like daylong conference, “Votes the recou nts sought by Gore
signed on to an amicus brief the rich,” he said. and Voices: Revaluations in violated t he Constitu tion’s
Equal Pro tection Clause
and noted that everybody
was surprised by t he jus-
tices’ “newfo und affin ity ”
for that clause. Bush v. Gore
was one of t he Supreme
Court’s really b ad decisions,
h e noted , akin to the Dred
Scott ruling, which ratified
slavery. But, he added that
the ruling could possibly
have a “silver lin ing”; future
justices m ight find some
good in the precedent.
Besides, he said, “ there is
an enormous amount of
Every year, th e M oo t Co u rt Hon o r So cie ty co o rdin ates th e p restigio u s Card o zo/BM I Mo o t good will tow ard th e Court.
Court Co mp etitio n . BMI, an o rg an izatio n d ed ica ted to th e p ro tection o f th e rig hts of It’s not unlimited , but it can
w riters, comp o sers, an d pu b lish ers o f mu sic, h o sts a re cep tio n fo r th e co mpe tin g teams. stand a case like this every
(Fro m left) Lisa Tu ntig ian ’01; Nick La g eman n ’02 ; Abag ail Go ld en be rg ’01; Go rdon 50 to 60 years.”
Novo d ’01 ; C h ristop h e DiFalco ’01 ; Ju d ith Safer, assistant ge neral co un sel, BMI; He not ed that the
Ch ristop h er Lick ’0 2; Ste ven Gon zalez ’02 ; an d Sh an n on Bo ettje r ’02 . American people accepted
th e Court’s decision be-
cause they h ave confidence

10 C AR DO Z O L I F E
in the integrity of the sy s- pay homage to this celebri- George W. Bush elected judged out of context,
tem. They wanted to see it ty lawyer. President of the United added Prof. J ay Rosen of
resolved and, he reminded Oth er speakers con- States.” Nelson Lund of George Washington
the crowd, there will be versed o n the electoral col- George Mason University University Sch ool of Law.
another election in four lege and the popular vote, School of Law disagreed. However, the noted First
years. He also commend ed with some u sing baseball He thought Gore had engi- Amendment lawyer Floyd
the canvassers, both Demo- analogies to explain the neered a biased recount. Abrams said that he lives in
crats and Republicans, for relationships between the “T he fact that t he Cou rt has a world where peop le are
“step ping up to their demo- two. Prof. Michael Herz been attack ed so viciously not engaged with pub lic
cratic duty to see that those noted that the winning tells us more about th e issues. “I wish people
votes were cou nted .” team in the World Series is Court’s critics than about would raise their voices.
When an audience mem - n ot the team that receives the merits of its decision.” I haven’t heard much
ber asked him if he would the most ru ns but the one The day’s third panel debate since Bush became
have done any thing d iffer- th at wins the most games. attempted to place the elec- President.”
ently with hindsight, Boies Alan Dershowit z of tion dispute in the context The conference was
grinned and said he st ill Harvard Law School insist- of larger cultural and legal organized by Professors
has no idea what he could ed that the Court’s “corrupt” developments . Prof. Michael Herz and Richard
have don e to change th e decision was mot ivated by Richard Weisberg sp oke Weisberg and was cospon-
justices’ minds. After his partisan concerns. He said, particularly of “Monicatalk,” sored by the Floersheimer
talk , Boies signed auto- “T he only relev ant fact in or the p rivatization of p ub- Center for Constit utional
graphs and chatted with this case was the names o f lic discou rse. In a p ublic Democracy and the Jacob
stu dents and practitioner s th e litigants. T he justices opinion cult ure, private fig- Burns Institute for
who thronged the stage to were determined to see ures run the risk of being Advanced Legal Stud ies.

Langfan Family Funds Oratorical Contest


(Fro m le ft) M ich elle Ricardo
’02 ; Bo nn ie Steing art ’79;
Hon . Da vid A. Gro s s ’8 7,
Nass au Co un ty District
Court; Evan Ro s en ’02 ;
Bruce Lede rman ’7 9; David
Lorre tto ’01; Pe ry Krin s ky
’01 ; Erica Sles ch in ge r ’02 ;
Lisa Tun tig ian ’0 1; Jaso n
Halp er ’0 1; Be njamin
Ma ntell ’0 3; Ro b in Lan gfan
Hammer ’86; William K.
Lan g fan ; Go rd o n Nov ad
’01 ; Dayn a Lan gfan ’87 ;
David Fo o x ’01 (LL.M.); The Moot Court Honor Society hosted t he First Annual
Hon . Joh n Garrett M arks Langfan Family Const itutional Oratorical Prize Co ntest— an
’79 ; Nass au Co u nty District intramural competition open to all Cardozo students. T he
Court; Mark Lan g fan , Es q . topic was the meaning of th e Second Amendment in contem-
porary America. Erica Sleschinger ’02 (at left) won first place
($3,000) for best orator; J ason Halper ’01 won second place
($1,000); and third place ($500) went to Dav id Foox ’01. Four
alumni were ju dges. The Langfan Prize Fund was established
by William K. Langfan and his family, including Robin
Langfan Hammer ’86 and Dayna Langfan ’87.

S UM M E R 2001 11
CERTIFICATE IN
DISPUTE RESOLUTIO N Squadron Program
TO BE OFFERED Receives Grants
Bo th J.D. an d LL.M. stu d en ts w ill
b e able to receive a Certificate in
This past fall, the Howard
Dispu te Reso lution a fter p artici -
M. Squad ron Program in
p atin g in a ne wly ap pro ved
Med ia, Law and So ciety
prog ra m th at in teg rate s th e
received two grants from
stu dy of theory an d p olicy with
the Ford Fo undation. The
perfor man ce an d p ractical skills
first grant of $45,000 fund-
aro u n d co n flict resolution
ed a new seminar, Admini-
pr ocesses. Stud ents will ha ve to
strative Litigation and the
satisfy co mpe ten cy requirements
FCC, as well as summer
in five catego ries o f Alternative
placem ents in media law.
Dispu te Reso lution (ADR)-related
Th e second grant of
skills: ADR Processes, In terview-
$75,000 is for strengthening
in g an d C o un seling , Neg o tia-
ties and enco uraging fur-
tio n , Me diatio n, an d Arbitratio n,
ther collaboratio n between
an d satisfy a w ritin g an d clin ical Stanle y a nd Glo ria Ples en t with Pro f. Mo n ro e Price (righ t).
Cardozo and the Pro-
o r exte rn sh ip requireme nt. Th e
gramme in Comparative
prog ra m is su p po rted by a g en -
Media Law and Po licy at Divorce, Victorian-Style Examined and
ero u s g ran t fro m th e Kuk in
Family Fo u n datio n.
the University o f Oxford. Family Law Semina rs Established
The Sq uadron Program,
again in co njunction with Literature buffs and family law attorneys gat hered at t he
the Oxford Programme, New York Bar Association to discuss divorce law and relig-
Negotiation Teams received an award from ious and domestic attitud es depicted in the novels o f
Win Regionals USAID to evaluate m edia Anthony Trollope, whose books are famous for their accu-
developments in the rate and vivid portray als of society in Victo rian England.
Ukraine. A three-person Th e lecture, delivered by Valentine Cunningham of Oxford
David Koenig ’02 and team spent one month in University, “He Knew He Was Right: Family Law in
Melissa Stewart ’02 won the th e Ukraine, assessing the Trollop e and Victorian Fiction,” was also an occasion to
ABA Regional Client structure of m edia institu- honor Adjunct Prof. Stanley Plesen t on the establishment
Counseling Com petition at tions, relationships to gov- of the Stanley and Gloria Plesent Seminars in Fam ily Law
Pace University School of ernment, and eco nomic at Cardozo.
Law. T hey went on to rep- sustainability.
resent Cardozo at the
Natio nal Finals in Sacra-
mento, CA. In February,
the Law School hosted the
third annual ABA Regional
Representation in Med ia-
tion Competition . Out of 12
competing teams from Alumn i came b ack to
Buffalo, CUNY, Seton Hall, campu s to perform;
Syracuse, and Touro, th e stu de n ts p arodied
winners of th e competition th eir te ach ers an d
were two Cardozo teams: th e Law Scho o l; and
Darian Taylor ’01 and faculty gave it ba ck
Sheree Go otzeit ’01 and at the fu n-fille d
Cynt hia DeVasia ’02 and an n u al Law Revu e
Jonas Karp ’02. T hey repre- Show.
sented Cardozo in th e finals
held in Washington, D.C.

12 C AR DO Z O L I F E
CARDOZO
Enjoying a Transformation
As Cardozo begins its 25th anniversary year,
the Law School is in the midst of a multi-
year, multifacility renovation and expansion.
Yeshiva University’s Brookdale Center has been h om e to the Law School since

Cardozo’s found ing in 1976. At the end of the 1990s, the Cardozo Board and

administrat ion, working with t he University administration, developed a major

capital improvement plan, which has been in p ro cess since 1998. First , the

Sch ool acquired housing for approximately 130 stu dents and pu rchased an

additional two floo rs—making a total of 11 floors—at the Brookd ale Center.

Th en , through a careful sequencing of projects, the renovation, redecorating,

and upgrading of all the facilities began. Progress h as been swift, with little d is-

ruption to st udents and classes as 55 Fifth Avenue undergoes a transformation,

wh ich includes technological enhancements an d new heating, ventilation, and

air conditioning sy stems.

The University is working with two major architectural firms—Davis Brody

Bond and Sch uman Lichtenstein Claman Efron—under the gu idance of a

Cardozo Board committ ee chaired first by Sheld on Solow and now by Stephen

Siegel, both of whom are major figures in New York real estate.

The centerpiece of t he renovation is a larger and reconfigured first floo r,

which will include a new Jacob Burn s Moot Court Room, a larger lobby, a new

facade, and a 59-seat sem inar room. Work on the first floor began in th e sum-

mer of 2001 and sh ou ld be completed before the b eginning of the 2002 acade-

mic y ear. Davis Brody Bond has designed this floor and supplied th e renderings

th at follow. T he financing for the capital project will in part be raised t hrough

Cardozo’s $25 million cap ital campaign, which was announced in spring 2001.
FI FT H AV E NU E FA CAD E AN D E N TRAN CE

Cardozo’s lobby will grow to According to Lewis Davis of


accommodate the space that Davis Brody Bond, the design
is now rented by Metro will “provide the school with
Drugs, which is moving in a strong academic identity, a
October. The main entrance sense of university life, and a
to the Law School will move welcoming public space.” The
towards 12th Str eet. New name of the school will be
windows will be placed on carved into the exterior stone
the first and second floors of pediment that separates the
the building, both on Fifth 1st and 2nd floors.
Avenue and 12th Street.

S UM M E R 2 0 0 1 21
LOB BY V I EW FACI NG E AST
N E W WI ND OWS FACE 12TH STRE E T

The new, grand lobby space


N E W C LA SSROOMS
will surround a circular Jacob
Bur ns Moot Court Room that
will physically become the
heart of the Law School. A
ramp will lead to the Court
Room entrance. It has been
designed as a campus center, Over the course of the
a quadrangle for an urban project, classrooms are being
building. The lobby space will renovated and updated, as
have flexible seating that are the ventilation and air
encourages an interchange of conditioning systems for each
ideas and can accommodate floor. Six lecture halls have
up to 160 people at banquets now been fitted with new
and hundreds at receptions. chairs, desk tops with electri-
cal outlets for laptops, and
other technological enhance-
ments, including video
conferencing equipment.

22 CARDOZO LIFE
The central “eye” is the new
Jacob Burns Moot Court
Room, which measures in
excess of 4,000 square feet.
It will function as a class-
room/lectur e hall with tiered attorney tables and a 12-
fixed-desk seating to accom- person jury box. A contr ol
modate 150 students. For room will accommodate
larger assemblies, additional audio and visual equipment
seating can be added to for four remotely controlled
accommodate as many as courtroom cameras, video
250, the approximate size of monitors, and video tele-
an entering class of students. conferencing and post-
The front of the room is production equipment. A 59-
designed to accommodate a seat seminar room will be
judge’s bench, witness stand, added to the lobby level, in
the space previously occupied
by student lockers.

JACOB BU RNS MOOT COURT ROOM


11T H F LOOR
The Law School has grown library space houses addi-
and been consolidated onto tional book stacks and 10
11 contiguous floors, giving new comfortable student
its vertical campus an orderly study rooms and areas. An
layout and making floors interior staircase leads to the
accessible by stairs and ele- three other floors of the
vators. To accomplish this, library. The 9th floor will be
the University first purchased fully open in fall 2001.
and renovated the 11th floor The 10th floor, which is
of the Brookdale Center, home to the dean’s
which now accommodates office, student services
the Law School’s clinics, the including financial aid
admissions office, and the and the registrar, public
Center for Professional relations, and develop-
Development. Then, it took ment, was renovated
over the 9th floor, which has during the spring and
been renovated to increase summer and will be
the size of the library and to reoccupied in the fall.
provide offices for faculty
and student journals. The

R ESID ENCE HALL


As Cardozo grew to accom- Today the Law School is able
modate its growing roster of to offer housing on one of
faculty, larger curriculum, and the most attractive residen -
new programs, it was decid- tial streets in Manhattan to
ed that housing was also approximately 130 students
needed, especially for first- each year. As a r esult, stu-
year students. In 1998, YU dents from across the country
purchased the majority of find it easier to attend
shares in a co-op building Cardozo and no longer have
located less than a block to tackle New York’s
from the Cardozo campus. residential housing maze.
S EPTEM B ER 6
25th Anniversary
Kick-off Party

OCTOBER 14–15
Symposium:
Nietzsche and Legal Theory

O CTOB ER 1 8
Long Island Alumni Reception

O C TOB ER 2 8
Parents Brunch

N OVEM B ER 1
Jacob Burns
Ethics Center Lecture:
Justice Richard J. Goldstone
“Lessons From Truth
Commissions and
Criminal Tribunals”

NO VEM B ER 1 5
Conference:
The Joy and Challenges of
Theater Law Pr actice

NO VEM B ER 2 9
“Reclaiming Jewish Art:
Political, Legal, and
Academic Perspectives”
Museum of Jewish Heritage
ClassActions

Class of 1981 which he defe nded a suspect advanc e through a legal Naftel, The Telecoms Trade
Lo is Lipton was nam e d th e in th e murde r of a 9-yea r- caree r from college gradua - War: The United States, The
first fem ale pr esident of the old boy. tion to retirem e nt. Alon g the European Union and the WTO
Bergen County Ba r Association way, the “lawyer” m u st (Hart Publishing, 2001). Mr.
in April. S he has a su cce ssful answer hum orous questions Spiw ak is pr esident and chair-
Class of 1986
law practice in Hackensack, on law, str eet sm ar ts, and m an of th e board of e ditorial
Stephanie R . Cooper eth ics drawn from real-life advisors a t the Phoenix
NJ, and also is a prosecutor in
open ed a NYC law office in court ca ses. Ma ry E. Cen ter for Advan ced Legal
Edgewate r and Fair Lawn .
Ja nuary r epresen tin g clien ts WanderPolo led two work - an d Econom ic Public Policy
H on. Mart in Shulman,
in m atters of corpora te and shops on th e legal aspects of Studies. Micha el J. Wildes,
super vising judge of the Civil
individu al counseling and liti- ca ring for a loved one who an Englewood, NJ, coun cil-
Court of the City of New York,
gation, with an em phasis on requires long-term c ustodial m an and a partner at Wildes,
was fe atured in “Profiles from
art a nd entertainm ent la w. care for Ca regivers’ Connec- Weinberg, Gru nblatt an d
the B enc h” in the New York
Mary James Courtenay is tions, a ne w n onprofit out- Wildes PC in NYC, was fe a-
Law Jour nal on April 9, 2001.
CEO of Mary’s Gam es, LLC, re ach program . Ms. Wander- tured at a forum on th e la w
in S ea ttle, WA, which released Polo practices elder law at th e sponsored by the Interfaith
Class of 1985 a ne w board ga m e calle d Verona, NJ, law firm of Brotherhood–Sisterhood
Bruce Koffsky, a defen se Disorder in the Court. The McElnea & WanderPolo and is Com m ittee of Be rgen Cou nty.
attorney in Weston, CT, won a object of the gam e is for th e vice chair of the Essex County Mr. Wildes also represented
high-profile murde r case in “lawyer” to be the first to Bar Association ’s Elder Law Veronica Hearst, the Dutch-
Committee. born widow of the late
Ra ndolph He arst wh o becam e
First Class of Heyman Scho lar s G ra duate Class of 1988 a US citizen in Ma y.

Georgea nne Gould Moss


Pro f. La rry Cu n n in gh am, th e first g ra du atin g class o f Heyman
joined Pruden tial S ec urities as Class of 1990
Sch o lars, an d cu rren t Heyman Scho la rs ce leb rated at a co cktail p arty
a vice president an d fin an cial Eric F inge rh ut is a pa rtne r
h eld a t Alger Hou se in Gre en wich Villa ge. In a settin g o f Pe rsian rugs
consulta nt. She and her m oth- in th e northern Virginia office
an d stain ed glass wind o ws, so me 60 g u ests to asted Ro n n ie and
er, Audre y Gould, and her sis- of Shaw Pittm an . He special-
Samu el He yman fo r th eir su p po rt of Th e Heyman Scho la rs Program, izes in trade mark, c opyright,
ter, Elle n Gould Baber, m ake
w hich p rovid es ou tstan d in g stu dents interested in co rpo rate law and In ter net-re late d intellec-
up the successful Gou ld
w ith fina n cial aid a nd acad emic and p ractica l o p po rtu n ities in th e Grou p, which m a nages a ssets tual property an d te chnology
field of co rpo ra te g o vernance. for individuals, c orporations, issues.
and non profit or ganizations.
Gregg A. Willinger Class of 1991
an nounces the form a tion of Daniel Friedman is a part-
Willinger Talent Agen cy, ne r at Buchanan Inger soll in
Inc.(WTA), representing te le- NYC. Bruce H. Newman
vision ne ws anchors, hosts, joined the firm of Wilm er,
and sports and weather Cutle r & Pickering in NYC.
anchors a cross the country. Pr eviously, he wa s a senior

Class of 1989
Stua rt Go ld ma rr ied Leigh C O R R E C T I O N : ClassActions
Ornste in June 10, 2001, in misidentified Peter Allen Wein-
Connectic ut. He is a par tner mann, who m arried Am elida
at Gold & Boya rsky in NYC. Ortiz on September 3, 2000, as
Sa muel Heyma n with He yman Sch o lars Kimb erly Mand el ’03, Tanja Lawrence J. Sp iwak recently from the class of 1986. He is a
Sa ntu cci ’0 3, an d Gu y Pad u la ’03. published a book with Ma rk member of the Class of 1987.

38 CARDOZO LIFE
official at UB S Warburg, Departm e nt, advising on
PaineWebber, an d the US leveraged buyout, venture Grad Le ads
Se curities and Exchange capital, private equity, m er- the Way to CLE
Commission. chant ba nking, an d other On-Line
private investm ent funds.
Nathaniel Gino r ’00
Class o f 1992 R onald A. Spirn received his
is a member of the
Melinda Fellner-Bramwit ce rtification in elder la w from
management team
beca me an associate at th e the ABA-approved National
Elder Law Foun dation. He is at the e-learn ing
New ark, NJ, law firm of
an attorney at Vin cent J. comp any LawyersEd (www.LawyersEd .com), the
Saiber Schlesinger Satz &
Ru sso and Associa tes P C in largest provider o f o nline continuing legal edu cation.
Goldstein. She received an
Westbury, CT, and foc uses his “T he LawyersEd goal is to allow lawyers to receive
LL.M. in taxa tion from NYU
pra ctice on e lder la w, estate CLE credit at a tim e that’s convenient, in a su bject
School of Law.
planning, an d re al estate. that’s relevant, while saving t ime and money,” says
Class o f 1993 Nathaniel. Seminar offerings includ e traditional selec-
tions such as “Jury Selection Techniques” and “Revised
Stephanie Adler and Jeffrey Class of 1994
UCC Article 9,” and more current to pics such as
R egenstreif of Rochester, NY, Gord on Borvick is vice
“Discovery and Disclo sure of Electro nic Mail in Federal
an nounce the birth of their pre sident of NAI Lawr ence
Court,” by Cardozo’s own Prof. Charles Yablon. Semi-
daughter, Sydney Adler. She Grou p LLC. H e heads the
nars have been led by o ther Cardozo facult y members,
joins a sister, Julia Elean or. corporate re al estate servic es
Jeffrey B. Shalek is a par t- includ ing Stewart Sterk, Kyron Huigen s, David Carlson,
team . Melissa Feldman and
ner at the law firm of Gallwey Myriam Gilles, Marci Hamilton, and Melanie Leslie.
Dean Shalit announ ce the
Gillm an Curtis Vento & Horn birth of th eir se cond son,
in Miam i, FL. He spe cializes Loga n Gra hm. They re side in
in litiga tion and appellate law. Encino, CA. Gregg Menell He m a rried Je nn ifer Smolkin Class of 1995
R ebec ca J. Silb erstein is a received an M.B.A. degree in AECOM ’95 last August.
Lawrenc e I. Garbuz is an
partner at the NYC law firm May from The Wharton Diane (Fink) Rein and her
associate at the Morristown,
of Debe voise & Plim pton . She School of Busin ess and is husband, David, announce
NJ, law fir m Riker, Da nzig,
is a m em be r of the In vest- joinin g Lehman Br others the bir th of their son , Oliver
Scherer, Hyla nd & Perretti
m ent Ma nagem ent Practice Investm ent Ban king as a sec- Charle s Henry Rein. He joins
LLP. He practices in the tax
Grou p in the firm ’s Corporate ond-year a ssocia te in August. a brother, Alexander, 3.
and trusts and estates groups.

Class of 1996
Jennif er Bassuk is se nior
m an ager of busin ess develop-
m ent at Sta rMe dia Network,
the lea ding Inter net m edia
com pan y targeting La tin
Am e rica an d other Span ish-
and Portuguese -speaking m ar-
kets worldwide. Julie
Hyman appeared in the
award-winning docum en tary
Who’s Dancin’ Now? tha t aired
on PBS in June. Th e docu-
mentary is about Jacque s
d’Amboise’s Nationa l Dance
In stitu te and highlights stu -
BA LLSA Reunion Dinner Alumn i returned to th e Law Sch o o l fo r a spe cia l d in ne r dents who studie d there a s
h o sted b y BALLSA, at w h ich Lo retta Lyn ch , Un ited States Attorney, Ea stern District of New York, children.
was th e fe atu red sp ea ker. (Fro m le ft) Amy Varg as ’02, No el Williams ’87, Arth u r Ro jas ’93, An d rew
Leftt ’01, Ad ek un le B an ko le ’0 1, Pro f. Miriam Gilles, Vivian Walto n ’0 1, a nd Prof. El Gates.

S UM M E R 2001 39
Class of 1997 Class of 1999
Eric Kuperman and his wife, CARVING UP IN FO Richard Che rn is a n associ-
Heidi, WS SW ’94 announ ce ate at the NYC law firm of
the birth of their son , Eliyah u Alumn i atten d ed a pan el in sp o rts an d n ews med ia th at was Sc hulte R oth & Zabel LLP.
Aharon. Mic hael Likosky is co n ven ed a t th e First Amen d men t Cen ter in mid tow n an d Dina Maslow m ar ried Adam
a visiting research fellow at cosponsored b y C ard o zo . “Carvin g Up In forma tio n Rig h ts in La ncer in March. She is a n
the University of Bonn an d is News an d Sp orts” featu red Jeffrey Ke ssler, pa rtner, Weil assoc ia te at the law firm of
about to c om plete a D. Phil. Gotsh al & Ma ng es; Bill Sq ua dro n , ch ief e xecu tive o fficer, Louis Ginsberg P C. Tamar
in Law at the University of Sportvisio n ; Richard Ku rnit, sen io r p artner, Fran furt Ga rbu s Frunia Silton married
Oxford. He edited a book of Kurn it Klein & Selz; and Fe licity Ba rringer, reporter, Th e New Jerem y Epstein in Alban y,
essays, Tr ansnational Lega l Yo rk Times. Pro f. Mo n ro e Price mod era ted . NY, in Ma rch. S he is a
Processes that will be pub- Manhattan assistant district
lished in Septe m ber an d dis- attorney in the office of th e
tributed in the US by special narcotics prosecutor.
Northwestern University Lazard Frères an d Co. LLC. ring Danny Glover a nd Pam
Pr ess. Ara Mekhjian is an Marie A. Ryan is an a ssoci- Grier, which aire d on
IN M EM O RIA M
assoc iate in he alth -ca re prac- ate at Ree ce & Associates in Sh owtime July 1. She is
Harry La nghorne, Jr. ’80
tic e at the Colum bus, OH, law Boston, MA. P reviou sly she e ngaged to her business par t-
office of Squire, Sa nders & was ADR program m anager at ner, direct or Lee Davis. The y passed away May 26, 2001. He
was a crim inal ju stice pla nn er
Dem psey LLP. Nathan A. the In ter nation al Trademark have just sold a story base d
Paul YC ’94 is vice president Association. Melanie Torres on Melanie’s life a s the dau gh- and syste ms a nalyst for the
City of Phila delphia De part-
of legal affairs at Lazard Asset worked on a nd had a sm a ll ter of Eddie Torres of the
Manage m ent, a division of part in the film “3 A.M.” star- Mam bo Kings. Miramax will m ent of Crim ina l Justice
Services. Previously, he was a
sta rt production this fall.
governme nt attorney for New
Yor k S tate.
Alumni Association Welcomes Class of 1998
Letter to the Edit or
Graduating Students Arun Chandra pu blishe d a n
article on antitrust liability for In Memo ry o f Ju d y Ab rams ’9 6
On April 25, the Alumni Association welcomed t hird-year enforcing a patent procured Judy Abram s ’ 96 pa ssed away
studen ts to t he Association with a part y that included through fr aud in the US, on Decem ber 8, 2000. At
alumni speakers offering advice about life after law school. which appeared in the March Car dozo, Judy pursued her
Panelists wer e Jason Goldy ’00, associate at Weil Gotshal & 19, 2001 issue of Mealey’s studies with exc eption al e ner -
Manges; Fay Leoussis ’79, chief of the tort divisio n, Litigation Report: Intellectual gy and enthusia sm . She was a
Corporation Cou nsel for the City of New York; Elana Property. He is a n associate a t me m ber of the Cardozo Law
Waksal Posner ’97, cofounder of iBeauty.com and attorney; Morga n & Finnegan LLP. Review, an Alexander Fellow
and Ro bert Wallack ’99, Manhattan assistant d istrict attor- P hillip Tavel is creator of in th e Cham bers of Ju dge
Magi-Nation , a new collec tible Jack Weinste in of the Easte rn
ney. Other alumni were on hand to mingle with st udents.
card gam e, com plete with District of New York, and a
video ga m es and com ic books. co-winner of the Ca rdozo-ABA
La unched in fall 2000, Magi- Negotia tion Com petition . She
Na tion is th e fourth-biggest also was a n active m em be r of
selling gam e of its type. Elana he r Uppe r We st Side com m u-
Wak sal P osner announced nity a nd the Ca rlbach
her candidac y for NYC Synagogue. An in spira tion to
Council, to r eplace c ou ncil us all, she showed tha t we
m e m ber Kathryn Freed. Elana should follow our h opes an d
worked for Paul Weiss Rifkin d aspirations, be involved in ou r
Wharton & Ga rrison and communities, a nd fight for
fou nded iB ea uty.com , an ju stice an d the rights of chil-
In tern et startup. Leah dren. Judy is survived by her
Warshawsky married son, Baruch Spier.
(Fro m le ft) Co llee n Samu els ’0 0, Ja so n Gold y ’00 , Elana Waksal Leonard Silver m an in —Joel Schm idt ’96
Po sn e r ’97 , Rob e rt Wa llack ’9 9, Tricia Pa ntze r ’98 , Fay Leo u ssis ’7 9, Cedarhurst, NY. S he is in
Me liss a Breitbart So hn ’98, Jos h So h n ’97, an d Viv ien Naim ’87. private practice .

40 CARDOZO LIFE
FACULTbYriefs

Thirteen Professors porations, and Law and Gunther was an associate at fessor of ph ilosophy at Duke
Visit During Culture; Professor Beebe Cleary, Gottlieb, Friendly Univer sity and will visit for
2001– 02 will teach Tradem arks an d and Hamilton for three the full year. He hold s a
Advanced Trademarks. years and t hen was a pro- B.A. summa cum laude
Also joining Cardozo for fessor at Columbia Univer- fr om Brandeis University,
A record nu mber of visiting th e fall term is Gerald sity for six y ears. He was a a J.D. from Yale University,
faculty fro m around the Gunther, William Nelson Guggenheim Fellow an d a B.Phil. from University of
nation and Israel will b ring Cromwell Professor of Law, an NEH Senior Fellow, and Oxford, and a Ph.D. in
new faces to the Law emeritus, from Stanford is a fellow of the American ph ilosop hy from Harvard
School for 2001– 02. Both Law School, where he h as Acad em y of Arts and University. He also has a
Ur iel Procaccia and taught since 1962. His areas Sciences. He has been a background in music and
Barton Beebe, who visited of interest are constitutional visiting professor at many studied piano at th e Cali-
last year and were featured law, federal jurisdiction, and universities in this country fornia Institute of the Arts
in the previous issue of legal h istory. He is author and in Ch ina, Austria, and the Tanglewood Music
Cardozo Life, will return in of several books, including Ghana, and Israel. Professor Festival. Professor Stone has
the fall semester. Professor th e lead ing constitutional Gunth er holds an A.B. from received numerous academ-
Procaccia will t each Cor- law caseb ook and an award- Brookly n College, an M.A. ic fellowships and honors
winning biograp hy of Judge fr om Columbia University, throughout h is career, in-
After goin g to
E D ITO R’S NO T E: Learned Hand, for wh om and an LL.B. from Harvard clud ing the George Plimpton
press, Cardozo Life learned he clerked from 1953 to University. He will teach Adams Prize from Harvar d
that Professor Gu nther is 1954. A year later, he also Constitutional Law. University . His teaching
unable to teach in the fall clerked for Ch ief Justice Marti n Stone is profes- interests include torts,
semester. Earl Warren. Professor sor of law and associate p ro- jurisprudence, philosophy

Gunther

13

Stone
of law, crim inal law, con- University, and a J.D. from Froessel Award from the
tracts, and moral and p oliti- Yale University. After New York Law S chool Law
cal philosoph y. He speaks gradu ating from law school, Review and the Journa l of
fr equently on p hilosophy Professor Dolgin practiced International and Compara-
and legal theory and pub- at Davis Polk & Wardwell. tive Law. Among his man y
lish es extensively on these She lectured as a Fulbright speaking engagements,
subjects as well. At Cardozo, Sch olar in Israel and was Scheck appeared on a panel
he will teach Torts, Ele- a visiting p rofesso r at Gross at a Brooklyn Law School
ments, and Ju risprudence. Cornell University. In the conference, “ DNA: Lessons
fall, she will teach Family Cardozo for th e full y ear, he from the Past—Problems for
Law and Child, Parent & will teach Int ern ational the Future.”
State; in the spring, Consti- Business Transactions, Law
tutional Law and Repro- of Cy berspace, and Con- Scott Sha piro was awar ded
ductive Technologies. tracts. He ho lds an LL.B. the Gregory Kavka award
Aviva Orenstein is visit- from Tel Aviv University by the American Philoso-
ing from Indiana University and an LL.M. and an S.J.D. phical Associat ion. The
School of Law—Blooming- from Harvard University. Kavka award is presented
ton. After grad uating with He was senior legal adviso- every two years for the best
an A.B. and J.D. from ry officer for the Israeli published article in po litical
Cornell University, she Defense Forces and Min- philosophy. T he essay for
clerked for Hon. Edwar d R. istry of Defense from 1986 which he received th e
Dolgin Becker, US Cou rt of Ap peals, to 1991. Professor Gross was prize, “On Hart’s Way Out,”
Third Circuit. Professor an associate for one year was pu blished in Legal
Janet Dolgin , the Orenstein writes and teach- at Sullivan & Cromwell, Theory in 1998 and has
Maurice A. Deane Distin- es in the area of evidence, a Guberman Fellow at since been reprinted
guished Professor of Consti- legal profession, and chil- Brandeis University, and several times. In March,
tutional Law at Hofstra dren and the law, and is a Fulbright Scholar at h e presented this paper in
University School of Law, is coauthoring the hearsay Harvard. He frequently San Francisco at th e
an anthropologist as well as exceptions vo lume of the writes and lectures ab out American Philo sophical
a lawyer. Since joining the evidence treatise Th e New human rights and interna- Association, Pacific
Hofstra faculty in 1984, she Wigmore. At Ind iana, she tional law. Division. In January, he
h as written widely on the founded the Children and Another six professors gave a paper entitled
transformat ion of the the Law Discussion Group will v isit Cardozo during “Auth ority ” at t he American
American family and of and coordinat es O utreach th e spring semester only: Association of Law Schools,
American family law. Her for Legal Literacy. She also Stephen J. Mo rse, Univer- Section on Jurispru dence,
most recent book, Defining participates in t he Blo om- sity of Pennsylvania Law and in May gave one
the Family (NYU Press, ington Court-Ap pointed School; Richard Delgado, entitled “ Ulysses U nbound”
1997), reviews the law’s Special Advocate Program University of Colorado Law at a conference on Deli-
response to surrogacy and for abused and neglected School; Mark Movsesian, beration and Reason at
reproductive tech nology to children and serves on the Hofstra University Law Bowling Green State
analyze the shifting mean- board of the Victim- School; Lewis H. LaRue, University in Ohio.
ing of the American family. Offender Reconciliation Washington and Lee Law
She also writ es about the Project. She will teach School; Jeffrey Haas, New At a farewell part y for
implicatio ns of new genet - Evidence and Civil York Law School; and Hal Dean Paul Verk uil,
ics. Previo usly, she taught Procedure in t he fall and Abramson, Touro Law Cardozo Board Member
anthropo logy at Columbia Profession al Responsibility School. Thomas H. Lee announced
Univ ersity and The Hebrew in the spring. th at when th e dean steps
Univ ersity of Jerusalem , Oren Gross is a profes- down, Mr. Lee would
P R O F E S S IO N A L H O N O RS
and has published book s sor at Tel Aviv Law School, like th e chair in p ub lic
and articles on the subject. where h e teaches interna- Barry Sch eck and Peter law that he has end owed
She holds a B.A. from tional law, internat ional Neufeld, cofounder s of t he to be renamed t he Pau l
Barnard College, an M.A. bu siness transactions, and Innocence Project, received R. Verkuil Chair in
and Ph.D. from Princeton internation al trad e law. At th e 2001 Charles W. Public Law.

14 CARDOZO LIFE
P A P ER S P A N ELS S P EE C H ES New York. LSNY p ublished Self-Interest in the Go ver- Israeli-Arab conflicts,
his training materials in nance and Op eration of the app earing on Isra el Update,
Paris Balda cci was a dis- booklet form as part of its Legal Profession and its a cable television progr am,
cussion leader at t he annu- Continuing Legal Education Effect on Society .” Earlier and presenting a m ini-
al American Association of series. He p resented the in the spring, he spoke o n course at the Fifth Avenue
Law Scho ols Clinical Legal training again for the “Lawyer Abuse of Mass Tort Synagogue.
Education Conference in Volunteer Lawyers Program and Other Aggregative
Montreal. He con ducted an of the Civil Court of the Mechanisms” at T he Kyron Hui gens delivered
annu al training for Legal City of New York. William and Mary Sch ool of two pap ers last winter at
Serv ices of New York Law conference on “Toxic the University o f North
(LSNY) on apartment suc- Lester Brickm an was the Torts: Issues of Mass Carolina Law School:
cession righ ts of nontradi- keynote speaker in April at Litigatio n, Case Manage- “Solving the Apprendi
tional family members, th e Minnesota State Bar ment, and Et hics.” Puzzle,” and “Law, Econom-
which was attended by over Association’s Bu siness Law ics, and the Skeleton of
50 attorn eys from legal Institute, where his subject Malvina Ha lber stam con - Value Fallacy.” A paper on
services offices th roughout was “The Role of Financial tinued to sp eak ou t on th e latter subject was

Rosenfeld: Sleepless on Sabbatical


After working for years in the relativ ely sm all field of com- Cardozo at one point to speak at the Faculty Sp eakers
parative const itutional law, Mich el Rosenfeld, who is presi - Series on “Reconstru cting Constitutional Quality .”
dent of the International Association of Constitu tional Law Rosenfeld’s boo k Just Interpretations was translated and
(IACL), spent his sabbatical y ear finding that the field is published in French and Italian. His art icle “The Rule of
growing and flo urishing, not only in Europe, where it has Law and the Legitimacy of Constitutional Democracy” was
been stronger t han in the United States, but stateside and published this summ er in t he S outhern California La w
even in non- Western countries such as Ch ina. For two Review and will be p ublished soo n in both Chinese and
weeks, he traveled and lectured in China, visiting Spanish translations. A French translation of
Shanghai, Beijing, and Sian and was fascinated to see that “Constitutional Decisions of the US Sup reme Cou rt’s
there was a growing Western-style society and a great 1998–99 Term : Redefining the Boundaries of Federalism to
interest in th e field, especially among you nger peop le who the Detrim ent of Individual Righ ts” was published in Revue
are trying to effect governmental ch anges. He said, “I was du Droit Public. “American Constitutio nalism Confronts
surp rised at the very op en discussions and that certain Denninger’s New Constitutional Paradigm Based on
members of the audience criticized th e Chinese govern - Material Securit y, Diversity and Solid arity” ap peared in
ment in fro nt of their own officials.” At Remnin University Constellations. “Le Point de vue du droit Americain” was in
Law Scho ol in Beijing, he was presented with the h onorary Michel Troper’s Interven tionisme Economique et pou voir local
title of Guest Professor. en Europe, pu blish ed in Paris by Economica. “ Teaching
Rosenfeld also garnered another h onor: he was app oint- Constitu tional Law in the United States” was published in
ed editor-in-chief of th e International Journal of L’enseignement du droit constitutionnel, edited by Jean
Constitutional Law, a faculty-run jou rnal published by François Flau ss and published in Brussels by Fruylant.
Oxford University Press and sponsored by the NYU Global “Bilinguismo, identidad nacional y
Law School Program, which will begin p ublication in 2002. diversidad en los Estados Unidos”
Coincidentally , last year was also the 20th anniversary of appeared in Lenguas, Politica,
the founding of IACL, which was recognized at a Paris Derechos, ed ited b y José Maria
roundtable at which h e presided and was a sp eak er. Sauca and published by University
He lectured and was a p anelist and co mmentator at of Carlos III. And “Iguald ad y
many international conferences, traveling to Aix-en accion afirmativa p ara las mujeres
Provence, Montpellier, Nancy , Rennes, and Paris, France; en la Constitución de los Estados
Bud apest, Hungary; Barcelona and Madrid, Sp ain; Sao Unidos” was publish ed by Centro
Paulo, B razil; and Palerm o, Italy . Nationally , h e spoke at de Estudios Polit icos y Constitu-
conferences h eld at NYU, Harvard, Dartmouth, and cionales in Mujer y Constitución
University of Maryland Law School. He even returned to en España.

S UM M E R 2001
Larry Cun n in g h am (righ t) published in the California
sign e d co p ie s o f his b o o k Law Review, while the for-
How t o Th in k Like B en jamin mer will be pu blish ed in
Gra h am an d In ves t Lik e th e Georgetown Law Journal
Warren B u ffet t (McGraw-Hill) at the end of the y ear.
fo r Jack Bo g le, fo u n der
o f Vanguard . Arthur Jaco bson and
A stu d en t loo k s o n . Michel Rosenfeld are edit-
ing a new book on Election
2000, which will be pub-
lish ed by the University of
Califo rnia Press.

Monroe Pri ce’s book


Television, Public Sphere and
Richard Weisberg (rig h t) wa s amon g the National Identity was pub-
man y we ll-wis hers a t th e recep tio n lished in Russian. In June,
mar kin g th e p u blica tio n o f We imar: he gave a paper, “National
A Ju risp ru d en ce of Crisis (Un iversity o f Responses to Media
California Press) b y Arth u r Jacob so n (left) Globalization: Toward an
an d Be rnhard Sch lin k of Humb o ld t Analytic Framework,” at
Un iversität zu Be rlin . the Institute for Advanced
S tud y, in Princeton, NJ,
where he spent th e year as
a visiting fellow. His p ubli-
cation En abling Environment
Pau l Verku il h o sted a for a Free and Independent
b o o k p arty fo r Visiting Media (with Peter Krug) is
Pro fesso r Geo rge being translated into
Fletcher, sh own h er e Alb anian, Serbo-Croatian,
sig n in g Ou r Secret Russian, Spanish, and
Co n stitu tion : Ho w French and will be distrib-
Linco ln Red efin ed uted by USAID.
Amer ica n Demo cr acy,
p u b lish ed b y Oxfo rd Dav id Rudenstine gave
University Press. the 10th annual Helen
Buchan an Seeger Lecture,
sponsored by the Center for
Hellenic Stud ies, Princeton
Univ ersity. His topic was
“Who Owns the Past?
Greece, England, Lord Elgin
At th e req u es t o f th e Stat e and the Parth enon Sculp-
Depart men t, M alvin a tures.” Wh ile at Princeton,
Halb e rstam discu sse d th e where he spent the y ear as
Inter natio n al C rimin al Co urt a visiting fellow, he also
w ith th e fo reig n p o licy commented on a pap er pre-
d ele g atio n , a g ro u p o f for eign sented at t he Princeton Law
d ip lo mats an d med ia represen- and Public Affairs seminar.
tat ives, wh e n th ey visited His paper was entitled:
in Fe b ruary. “Civic Virtue, the Supreme
Court and t he Limits of
Sociology : A Brief Comment

C AR DO Z O L I FE
h eld in St . Louis in conjunc- She and Barry Scheck
tion with the Eigh th gave a presentation on
International Conference “Wrongful Convictions:
on Artificial Intelligence Causes and Remed ies” at
and Law. He inaugu rated th e AALS Clinical
the workshop proceedings Teachers Co nference.
with an overview of the
subject from a “jurisprud en- Pete r Yu was nam ed the
tial perspective.” He also editor of a new book series
Price Schroeder
spoke at a National on intellectual property and
Research Council Workshop technology law to be pu b-
on Christop her Eisgruber’s out in 2002. In addition, she in Washington, D.C. on lished by Kluwer Law
Paper.” In February he h ad three law review arti- “Science, Ev idence, and International. He was also
lectured on “ Bush v. Gore: cles published recently: Inference in Ed ucation.” named to the editorial
Judicial Statesmansh ip or “T he Four Discourses of board of Gigalaw.com,
Partisan Politics?” at four Law: A Lacanian Analysis Richard Weisberg was a wh ich provides legal infor-
British law schools: Leices- of Legal Practice and Sch ol- distingu ished guest speaker mat ion for In ternet p rofes-
ter, Nottingham, Birming- arship” in the Texas La w at the Anti-Defamation sionals. He had two articles
ham, and De Montfo rt. His Review, “Rationality in Law League sy mposium on the published: “From Pirates to
article “The Righ tness and and Economics Scholar- role of lawyers and judges Partners: Protecting Intel-
Utility of Voluntary Repatri- ship ” in the Oregon Law in the Holo caust, held in lectu al Pro perty in China in
ation” will be published in Review, and “Ju st S o Stories: Los Angeles. He spoke o n the Twenty-first Century” in
the AELJ, and “A Tale of Posnerian Meth odo logy” in “Vichy Law and the Holo- the American University
Three Documents: Lord Cardozo Law Review. caust in France.” He was Law Review and “Piracy,
Elgin and t he Historic 1801 also a featured speaker at a Prejudice, and Perspectives:
Ottoman Docu ment” will Paul Shupack served as special symposiu m held by An Attempt to Use
be pu blish ed by the Cardozo the consultant to the New the National Actors T heatre Shakespeare to Reconfigure
Law Review. His book York Law Revision and American Society for the US-China Intellectual
review of Our Vietna m: The Commission on it s report to Yad Vashem following a Property Debate” in the
War 1954 –1975 by A. J. the New York Legislature perform ance o f t he Broad- Boston University Inter-
Langguth was published in on UCC Article 9. He was way production of Judgment na tion al Law Journal. He
the March 5 issue of The chair of the Asso ciation of at Nuremberg. was a panelist on “ Cu rrent
Nation. In Ju ne, he partici- th e Bar of the City of New Trend s in E-Commerce and
pated in two panels com- York’ s int ercommittee Ellen Yaroshefsky spent Intellectu al Pro perty” at the
memorating the 30th anni- working group, p reparing th e summer working with National Asian Pacific
versary of the Pentagon that organization’s report Bruce Green o f Fordham’s American Bar Association
Papers Case, one sponsored on UCC Article 9. He was Louis Stein Ethics Center Regional Conference, and
by the Vietnam Veterans appointed the American on an ethics manual for coorganized “The Napster
Association at th e National Law Institut e’s representa- legal services lawyers and Litigatio n: What’s Next for
Press Clu b, Washington, tive to th e draft ing commit- editing a book with Ju lie Peer-to-Peer Distribution?”
D.C., and the oth er spon- tee ch arged with revising Blackman, Battered Women: for the New York State
sored by the Federal Bar UCC Articles 3, 4, and 4A. 25 Years of Reflection. Bar Association.
Committee at the Cere-
monial Court room, United Pete r T illers was appoint - Rudenstine Shupack
States Courthouse in ed visiting professor of law
Manhattan. at Harvard Law School for
the spring semester of
Jeanne Sch roeder’s new 2002. He will teach
book , Th e Triumph of Venus: Evidence and Fact In vesti-
Th e Erotics of th e Market, gat ion . In the spring, he
has been accep ted for publi- was a p anelist at a work-
cation by th e University o f shop on “Art ificial Intelli-
Califo rnia Press an d is due gence and Legal Evidence,”

S UM M E R 2001 17
NIETZSCHE
COMES OF AGE IN AMERICA

Peter Goodrich, Professor of Law

T
here is an apo cryphal story associat- had to exp erience the excitement of ideas and had to be
ed with James Hogg, a nineteenth- prepared to engage actively in overthrowing their histo-
century Scottish man of letters, that ry or biography and its various filiatio ns. Most were not,
captures s ome of the excite me nt of and are not , such good or attentive readers. Nietzsch e
Nietzsche’s reception among his Euro- himself predicted th at it would be a century or more
pean contem poraries. Hogg grew up in before his works acq uired an audience patient and
rural Scotland and began his work ing life thoughtful en ough to und erstand the radicalism, th e
as a shepherd. He acq uired a tast e for poetry, and part icularly the orientation of h is t hou ght—
books while working for a land owning novelist, bu t had not to th e past but the fut ure.
lit tle tim e for literary pursuits . One of his task s as a shep - Nietzsche wrot e in the future tense about a being and
herd was to take his sheep to m arket in Edinburgh. On a co mmunity that were yet to come. Th e futu re, howev-
on e such occasion, he sold his flock and then purchased er, h as not alway s been kind to h is ideas. Adopting a very
a copy of Nietzsche’s newly published T hus Spoke loose set of stereotypes, the English saw him as a threat
Zarathustra. He took the book back to his lodgings and to the faith, as a heretic and a challenge to th e monar-
read it overnight in one uninterrupted sitting. The next ch ical order o f common law. T he French flirted with his
day, abandoning his career as a shepherd forever, he set aesthetic theory but took his p hilosophy less than seri-
out on foot for London. He walked the 450 miles to the ously, while in Germany fascism made brief use of his
British capital and there embarked upon a successful ideas of racial p urity, a future aristocracy, and a high er
career as a novelist and poet. order of being t hat was yet to come. His m ost serious
It is p ossible to fall in love wit h a book. Nietzsche reception was in S candinavia where t he bleakness of h is
once asked the quest ion, “Of what u se is a book that does metaphysics was app ealing and where, appropriately
not lead beyon d all b ooks?” He m eant it was po ssible for enou gh, h is death mask came to rest in Stock holm. More
books to ch ange lives; a boo k could influence a lifestyle recently, feminists have righ tly attacked Niet zsche’s
or become a visceral p art of how a reader lives, t hinks, misogyny, and liberals have worried about h is scorn for
and acts. For such to be po ssible, readers had to be atten- the hit herto-existing forms of d emocracy and law. Par-
tive, op en , and ethical in the sense of embodying the ticularly in the legal acad emy in the United States, his
ideas that they encountered. Like James Hogg, readers work has been inaccurately dismissed as a source of

18 CARDOZO LIFE
nihilism or as a threat to belief in law. His wo rk has been Nietzschean reading of p ositive law is concerned with
received in the main negatively. A law p rofessor, Edgar overthrowing an archaic legalism and meth odology in
Bodenheimer, even thought it worthwhile to write a favor n ot of end ing the law but o f k nowing it better.
book disproving nihilism by arguing t hat ‘in sum’ law If the anecd ote abo ut James Hogg shows that read-
has done more good than harm. T he excitement of ing Zarathustr a can ch ange a life, t he contemporary
Nietzsche’s work , his radically positive view of the future sch olarly reconsideration can show that reading
and of our abilities as futu re readers, has y et to be Nietzsch e can poten tially inspire p eople to rewrite
embraced. the law. Perh aps uniquely, Niet zsche offers an
Nietzsche died in 1900. A centu ry on, as he foresaw, anthrop ology of legalism and of lawyers. In the
it is time to look to the future of his ideas an d so ad dress future tense, he wanted to know wh at colors
their contemporary relevance. For sure, Nietzsche was a law will add to existence. He wanted to know
threat. Zarathustra ann ounced the deat h of God and how laws attach to places, ch aracters, and
smashed th e commandments, the tables of the law. peoples. Most of all, he was keen to move
Elsewhere in his writings, Nietzsche argued t hat truth bey ond a legal scholarship based upon
was a m etap hor distin guished only by the fact th at we em ulation, repetition, and th e closure of
had forgo tten that it was a metaphor. He argued that imaginatio n, towards new laws or law
European culture, and particu larly the Pau line creed, tables for the community yet to com e.
was antihumanist, repressive o f both sensualit y and Just as Nietzsche argue d that an
pleasure, and p rofoundly nihilistic. He wished, in other understanding of th e classics required
words, to overturn the law, to rethin k it fro m a material- “a head for the symbolic,” an under-
ist or even hedonistic p erspective. He wanted to wake standing of law requires an app re-
th e lawyers up and at the same tim e arouse their slum - ciat ion of law as a form of life, as
bering cousins, the scholars or philologists wh o sp elled an embodied p ractice, an ethic
ou t and uselessly preserved the sou rces b ut not the or, in Nietzsche’s idiom, aesthet-
inspirations of the law. ic and lifestyle. In the end (and
Where better than in t he legal academy to return to here James Hogg’s abandon-
the questions t hat Nietzsche posed to sch olars as law- ment of his earlier life is per-
yers, and lawyers as scholars? Where bett er than the hap s too extreme an
United States—Eur ope without b rakes—to address the emblem) Nietzsche does
future tense of his work? no t recommend giving
Nietzsche was not a nihilist. In T he Will to Power, he up or aband oning the
described a certain nihilism, a life-deny ing quality, a law. His work may
hostility to the bo dy and to pleasure that was intrin sic offer criticism of the
to St. Paul’s interpretation of Christian d octrine. In archaic tone and
Nietzsche’s account, nihilism was a stage in th e trajecto- backward-looking
ry of metaphysics. Wit h the slow realiz ation and incor- style of mu ch
poration of the deat h of God, it would becom e possible legal practice, but
to move b eyond nihilism toward s an affirmation of the his thesis is that
body and an attention to the pleasures, rhythms, tones, we need to u n-
and modulations of a ‘this- worldly’ existence. Nietzsche’s derstand the
nihilism was specific and temporary. It smashed the law bett er so
idols of a paternity and law that had outlived their geo- as to write
grap hical and historical sources. By the same token, a it anew. ■

ED ITO R’S NO T E: Pro fesso r Goo d rich a n d Cardo zo Law Review h ave
orga n ized a two -d ay co nferen ce “Nietzsch e an d Leg al Th eo ry” th at will
b e h eld at Card o zo Octo b er 1 4–1 5, 2 001 . Fo r mo re in fo rmatio n ca ll
21 2-7 90-03 24 or e-ma il: jaclynss@mindspring.com.

S UM M E R 2 0 0 1 Nietzsche’s d eath mask 19