From the Dean

An Eventful SpringThe spring 2000 semester brought more than one unprecedented event toC a rd o zo. April saw the first official visit of the Court of Justice of theE u ropean Communities to the United States at the invitation of the UnitedS tates Supreme Court. Their first stop? Card o zo. Three Associate Justices ofthe Supreme Court we re on campus to greet the Judges and Ad vo c a t e sG e n e ral of the European Court and to discuss with them topics of mutuali n t e re s t .

The two days focused on legal issues such as federalism and subsidiar-ity, on problems of constitutional democra c i e s, and on the growing similar-ities between the two courts in a shrinking world. The visit also highlightedthe reasons why law schools are incorporating more international subjectsi n to their curriculums. We co-hosted this historic event with our colleaguesat New York Unive rsity Law School. It was attended by an enthusiasticg roup of students, faculty, and board members from both schools. In fa c t ,one of our guests provided the second spectacular eve n t .

After attending the confere n c e, Dr. Stephen Floers h e i m e r, a distin-guished financier and long-time donor to Card o zo, made a gift of $5 millionto establish a Center for Constitutional Democracy—the largest individualgift ever made to Card o zo. The Center will focus re s e a rch, thought, teach-ing, and publications on challenges to constitutional governance here anda b road. His magnificent gift will make possible scholars h i p s, visits from dis-tinguished scholars, and support of our faculty in this field.

Nearly 1,000 Card o zo gra d u a t e s, from an alumni body of 6,500, areworking in the fields of intellectual property, art and entertainment law, andnew media. In this issue of C a rd o zo Life, six are profiled, re p resenting ani m p re s s i ve range and depth of ex p e r i e n c e. Card o zo ’s growing re p u tation inthis area is due, in no small part, to the successes of our gra d u a t e s. Ofc o u rs e, our faculty and their scholarship in this field is significant as we l l .P rof. David Ru d e n s t i n e, who org a n i zed with Pro f e s s o rs Marci Hamilton andDaniel Shapiro a conference on art and cultural property law, also held inApril, has been re s e a rching the legality of Lord Elgin’s taking of sculpture sf rom the Parthenon in At h e n s. His findings are published in an article thatis exerpted here.

The Justices confere n c e, the establishment of the Floersheimer Center,and the placement of our alumni in the highest echelons of their fields arei n d i c a t i ve of the maturation of Card o zo, a law school that is making its markin legal education, both here and abro a d .

Susan L. Dav i sE D I T O R

Paulette Crow t h e rA S S O C I ATE EDITOR

Jeff Sto rey ’01CONTR IBUT ING ED ITOR

Judy Tu c ke rA RT DIRECTOR

Norman GoldbergPHOTOGRAPHY DIRECTOR

Paul Herre ra

Susan Lerner

Dennis Wile

●

C a rdozo Life is published twice each year by

the Department of Public Relations

Benjamin N. Cardozo School of Law

cob Burns Institute for Advanced Legal Studies

Yeshiva University

B rookdale Center, 55 Fifth Av e n u e

New York, New York 10003

Phone (212) 790-0237

FAX (212) 790-0322

●

Editorial contributions and submissions

a re welcome. This publication accepts

no responsibility for unsolicited manuscripts

or photographs. All submissions are

subject to editing and are used

at the editor’s discre t i o n .

L I F EC a rd o zo

Fe a t u re sAn Interview with Associate JusticeSandra Day O’Connor . . . . . . . . . . . . . . . 2 1When a delegation of three Associate Justices of the S u p reme Court visited Card o zo to meet with members of the European Court of Justice, Prof. David Rudenstine took the opportunity to discuss the conference with Justice O’Connor as well as what it’s been like to be the first woman appointed to the US Supreme Court.

Did Elgin Cheat at Marbles? . . . . . . . . . . . 2 5In re s e a rching the “legal” right of Britain to lay claim to s c u l p t u res from the Athenian Parthenon, Professor Rudenstine found a lack of evidence to pro ve that their A m b a s s a d o r, Lord Elgin, had the right to ta ke the sculptures f rom Greece nearly two centuries ago. The article outlines hisre s e a rch and findings on which a future book will be based.

B Y D AV I D R U DE N S TI NE

D R . H E R M AN G EO R G E & K AT E K A I S E R P RO FE S S O R

O F C O N S T I T UT I O N A L L A W

D ream Field:Intellectual Pro p e rty and New Media. . . . . 3 1At last count, nearly 1,000 Card o zo alumni are practicing in the field of communications, new media, entertainment, art, and intellectual property law. They work on both coasts, in firms large and small, in international companies, and new Internet sta r t - u p s. Six gra d u a t e s, re p resenting classes from t h ree decades, talk about their jobs, the field, and the future.

B Y J EF F S T OR E Y ’0 1

Gift Planning: A Solution for Your Clients . . . . . . . . . . . . 3 6T h e re are numerous and cre a t i ve ways for people to make c h a r i table gifts, pre s e r ve wealth, and plan their esta t e s. Planned charitable gifts are sophisticated techniques with which every lawyer should be knowledgeable so that their clients can benefit.

B Y H E NRY R UB I N , ES Q.

S E NI O R D I R EC T OR O F DE V E LO PM E N T, Y E SH I VA U N I V E RS I T Y

L I F EC a rdozo

D e p a r t m e n t sA round Campus . . . . . . . . 3S u p reme Court Justices and Euro p e a nCounterparts Meet • $5 Million Gift Will Establish Floersheimer Center fo rConstitutional Democracy • HeymanL e c t u res Provide Lessons • SterkAppointed Senior Associate Dean •Stellar Panelists at Art and Cultura lP roperty Conference • Alum Sta r t sHolocaust Claims Restitution Clinic • Ambassador Holbro o ke Honored •John Marth ’00 Wins Skadden Fe l l o ws h i p• Moot Court Teams Win Top Honors •Class of ’99 Employment Stats Up •BA L L SA Completes Ac t i ve Ye a r

Faculty Briefs. . . . . . . . . . 1 6Book Party for Scheck and Neufeld •Rudenstine Named Fellow at Princeton • Hamilton Named Lee Chair • SteinAppointed to Faculty • Herz: TheConsummate Academic Ad m i n i s t ra tor •Fine Named Dire c tor of Gra d u a t eP ro g rams • Ne ws Briefs

Alumni News & Notes . . . 3 8S e n a tor Schumer Ad d resses 22ndCommencement • 30 Named to Ord e rof the Coif • New Media Panel • BA L L SA Reunion • ClassAc t i o n s

S U M M E R 2 0 0 0

BENJAMIN N. CARDOZO SCHOOL OF LAW

Jacob Burns Institute forAdvanced Legal StudiesYeshiva UniversityB rookdale Center55 Fifth Av e n u eNew York, New York 10003-4391

Paul R. Ve r k u i lD e a n

Michael HerzSenior Associate Dean

S t e w a rt SterkSenior Associate Dean(as of August 1, 2000)

Matthew LevineAssociate Dean for Business Aff a i r s

Jacquelyn BurtAssistant Dean for P l a c e m e n t

R o b e rt Schwart zAssistant Dean for A d m i s s i o n s

BOARD OF DIRECTORS

Earle I. MackC h a i rm a n

Sheldon H. SolowStephen J. SchulteStephen B. SiegelVice Chairm e n

B a rry A. ShenkmanTre a s u re r

Ronnie HeymanS e c re t a ry

R o b e rt M. Bere n

Leon Black

H a rvey R. Blau

Leon H. Charn e y

A rthur M. Goldberg

Shimmie Horn

E. Billi Ivry

Eric M. Javits

D r. Ira Kukin

Jonathan Kukin

D r. Norman Lamm

Thomas H. Lee

Mark S. Lieberm a n

J e ff rey H. Loria

L a w rence Ruben

B a rry K. Schwart z

Romie Shapiro

Bonnie Steingart

Rachel L. Wa rre n

Stephen A. We i s s

Siggi B. Wi l z i g

Selig A. Zises

H o n o r a ry Dire c t o r s

M o rris B. Abram

Joseph Appleman

Hon. Marvin E. Frankel

Hon. Stanley H. Fuld

Abraham S. Guterm a n

P rof. Louis Henkin

Samuel J. Heyman

Edgar J. Nathan III

D I R E C T O RY

General Te l e p h o n e2 1 2 - 7 9 0 - 0 2 0 0

A d m i s s i o n s2 1 2 - 7 9 0 - 0 2 7 4

Alumni Aff a i r s2 1 2 - 7 9 0 - 0 2 9 3

Chutick Law Library2 1 2 - 7 9 0 - 0 2 8 5

D e a n ’s Off i c e2 1 2 - 7 9 0 - 0 3 1 0

D e v e l o p m e n t2 1 2 - 7 9 0 - 0 2 8 8

Financial Aid2 1 2 - 7 9 0 - 0 3 9 2

P rofessional Development2 1 2 - 7 9 0 - 0 3 5 8

Public Relations2 1 2 - 7 9 0 - 0 2 3 7

R e g i s t r a r2 1 2 - 7 9 0 - 0 2 9 5

Student Serv i c e s2 1 2 - 7 9 0 - 0 3 1 3

Web Sitew w w. c a rd o z o . y u . e d u

Sen. CharlesSchumer DeliversC o m m e n c e m e n tA d d re s s

The Class of 2000 celebra t-ed Card o zo ’s 22nd com-mencement at Avery FisherHall at Lincoln Center fo rthe Pe r forming Arts onJune 11. Senator CharlesSchumer of New York deliv-e red the keynote addre s sand exhorted the class of2000 to never let fear offa i l u re stop them fro mmaking difficult deci-s i o n s, urging them to“go for it.” He alsoa d vocated for educa-tional re form, a polit-ical priority of his.C h e e rs and applausefilled the audito r i u mas more than 300students filed ons tage to be hoodedand re c e i ve J.D.d e g re e s. In addition,20 re c e i ved LL.M. degre e s,in the pro g ra m ’s secondy e a r. Many students we reh o n o red for distinction ina c a d e m i c s, contributions toj o u r n a l s, society, and va r i-ous fields of law.

The Monrad G. Pa u l s e nAwa rd for devoted serviceto the vitality of the idealsand purposes of legal edu-cation was given to Ad j u n c tP rofessor Gertrude Mainze r,

who is a former fa m i l ycourt judge and teaches inthe area of family law.Michael Po p e, at age 76 thec l a s s ’s oldest gra d u a t e, re-c e i ved an awa rd for specialcontribution to the LawSchool, as did Jennifer BethC a n n a ta .

Students selectedfa vorite pro f e s s o rs for SBAa wa rd s. This year’s winnerswe re Marci Hamilto n ,Melanie Leslie, Stewa r tSterk, and Justin Hughes,

adjunct pro f e s s o r. DouglasGilbertson of the Office ofFinancial Aid re c e i ved theA n i ta Wa l ton Awa rd for besta d m i n i s t ra to r, and MaryPace of the Center fo rP rofessional Deve l o p m e n twas re c o g n i zed for the mosto u t s tanding assistance tos t u d e n t s.

Eight Win AlumniAssociation Scholarships

Adam S. Lurie, MelissaFranco, Jaimie A. Ro t h m a n ,Myriam I. Sanchez, andArti Tandon of the class of

2000 and VivianWa l ton, a 2L, wo nAlumni AssociationS c h o l a rs h i p s. TheM o n roe E. PriceAwa rd and the LilaYagerman Awa rdwe re given to Re b e c c aMorris and Leila M.Zubi, re s p e c t i ve l y .Each year, these

s c h o l a rships to second- andt h i rd-year students a rea wa rded on the basis offinancial need, communitys e r v i c e, academic achieve-ment and publications,and/or to students with dis-abilities or those who ared i s a d va n taged in some wa y .

Class of 2000 PledgesClose to $25,000

This year, Card o zolaunched a class giving pro-g ram—the first time ever in the Law School’s histo r y .As of graduation, more than10% of the class pledgeddonations to taling almost$25,000. The re m a r ka b l esuccess of this solicita t i o ncan be attributed to thee f forts of chair Vsevo l o d( S t e ven) Maskin and vicechair Michael Po p e.

A L U M N In e ws & notes

Twenty graduates re c e i v e d

LL.M. degre e s

Senator Schumer and Dr. Lamm

C O M M E N C E M E N T 2 0 0 0

Doug Gilbertson of the

O ffice of Student Finances

is shown with SBA

P resident Jaimie Rothman

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

was hooded by his wife, Prof. Sally Pope

Dean Verkuil and Dean Herz

Earle Mack, chairman of the Card o z o

B o a rd, with Senator Schumer

James Howell Sullivan, Jr. made

the student re m a r k s

w a rd winners (from left) Sonny Chehl, Jayashri Cuff e y, Melissa

anco, and Rebecca Morr i s

Melanie Leslie and Stewart Sterk

w e re chosen best first-year

p rofessors by the graduating class

Colleen Samuels, a mother of 10

and the first Cardozo graduate

to receive a joint J.D./M.S.W.

30 Named to O rder of the Coif

At graduation, the Order of

the Coif was bestowed on

those who finished in the

top 10 percent of the class:

Jenifer J. Arn d t

Jason R. Boyarski

Adam S. Cohen

Yakov Deckelbaum

Jill A. Farbman

Steven M. Field

Matthew G. Frankle

Michael Sha Fre n c h - M e rr i l l

Erica J. Goldberg

Jason R. Goldy

Sandi F. Gre e n e

Binyomin A. Kaplan

Matthew I. Kepniss

James D. Lawre n c e

Isaac Lifschutz

Adam S. Lurie

Valerie P. Mahoney

Rebecca Morr i s

Erin M. Naftali

Douglas W. Pinsky

Keith M. Poliakoff

M a rnie H. Pulver

Joanna Raby

Jason M. Okun

Lina Rubin

David B. Schechtman

Heidi J. Schmid

Susan B. Schwab

James H. Sullivan, Jr.

Orly Zylberstein

C O M M E N C E M E N T 2 0 0 0

Vsevolod “Steve”

Maskin won the

Samuel Belkin Aw a rd

for scholastic achieve-

ment and exceptional

contributions to the

Law School

( F rom left)

Alumni Association

Scholarship Aw a rd win-

ners Leila M. Zubi, Jaimie

Rothman, Adam Lurie,

Miriam Sanchez, and

Rebecca Morr i s

Binyomin A.

Kaplan won the

Louis D. Brandeis

Aw a rd for the

best academic

re c o rd over

t h ree years

Isabel Feichtner won

the Louis Henkin

Aw a rd for academic

achievement and

superior scholarship

Susan Beth

Schwab won the

Felix Frankfurt e r

Aw a rd for out-

standing academic

m a t u r i t y, re s p o n s i-

b i l i t y, diligence,

and judgement

Alums Discuss New Media

Legal and business ex p e r t s,all of whom are part of theC a rd o zo family, cametogether for a special paneland buffet reception at theNe wseum in midtown thisspring. “Lawyers andClients in the New MediaE n v i ronment: Merg e rs,C o n ve rgence & Fre eE x p ression” triggered astimulating conve rs a t i o nabout cutting–edge issues.Initially, panelists discussedsports franchises and them i g ration of sports pro-g ramming from network toc a b l e. They ra i s e dquestions like: Issports news? Shouldit be free and ava i l-able to all as newsis? Is it subject tocopyright? In to d a y ’sm a r ket, sports own-e rs want more con-t rol, are care f u l l ydividing up rights,and negotiatingc o m p l ex legal con-

t ra c t s. Sports associationsa re wary of giving rights toInternet companies for fearthat users will illegallyre p roduce game highlights,for exa m p l e.

Panelists asked: Why doartists cre a t e — for ro y a l t i e sor because they are com-pelled as artists? Wo u l dremoving copyright pro t e c-tions reduce cre a t i v i t y ?O t h e rs in the print industrya s ked: What do we do aboutputting authors’ wo r konline? Do we have torenegotiate every contra c twith every writer? Is thate ven possible? All agre e dthat patent and copyrightlaw is here to stay, give n

the moral and economici n c e n t i ve to protect cre a t i v i-ty, but they see the lawsmorphing into somethingm o re complex .

Panelists predict a futurewith an eve r - g reater needfor lawyers,as well ase n c r y p t i o na d vances top rotect copy-right, and

e ven broader uses for com-puter technology. Thee vent was co–sponsored bythe Howa rd M. Squadro nP ro g ram in Law, Media andSociety and the Firs tAmendment Center.

( F rom left) Prof. Monroe Price, moderator (at the podium), with

panelists Mark Lieberman ’84, chairman and chief executive off i c e r,

Softcom, Inc.; Edward Klaris ’92, counsel, ABC, Inc.; Allen Lowy ’82,

p resident and chief executive off i c e r, eClassicalMusic.com.; Lillian

Laserson ’83, vice president and general counsel, DC Comics and

M A D magazine; Alec M. Lipkind ’88, executive counsel, Walt Disney

Co., Inc.; Bill Squadron, chief executive off i c e r, Sport v i s i o n . c o m .

Dori Hanswirth ’86 and Robert DeBrauwere ’93

M a rc Szafran ’96 and

Harlan Protass ’95

Class of 1981Robert Gra u b a rd is firs tsenior vice president and gen-e ral counsel of Julien J.Studley, Inc., a national com-m e rcial real estate firm basedin New Yo r k .

Class of 1982Felicia P. Buebel is vice pre s-ident for legal affa i rs at LoewsC i n e p l ex Enterta i n m e n tC o r p o ration. She is primarilyi n vo l ved in domestic andinternational leasing. Mark S.E d e l s t e i n joined the firm ofMorrison & Fo e rs t e r, LLP asthe partner in charge of thef i r m ’s real estate finance pra c-t i c e. Judith L. Lev y is seniorvice president and seniorlegal advisor at IBJ WhitehallAsset Management Gro u p .Prior to this position, Ms.Levy was vice president andlegal counsel for Credit SuisseF i rst Boston. In recognition ofhis charitable work, A n d rewL u t z key re c e i ved the Ne wYork State Bar Association2000 Pre s i d e n t ’s Pro BonoService Awa rd. He has donat-ed many hours of work to theB ronx division of Ne t work fo rWomen Services, a nonpro f i to rg a n i zation providing legalservices to low-incomewomen. He also has a priva t ep ractice in the Bronx, isi n vo l ved in Midnight Run, an o n p rofit org a n i zation helpingNew York City’s homeless,and regularly participates inC a reer Day at local Bro n xs c h o o l s. Paul A. Metselaarruns his fa m i l y ’s business,World Tra vel SpecialistsG roup, which handles the

t ra vel needs of specific pro f e s-s i o n s. The Lawyer’s Tra ve lS e r v i c e, a division of the com-pany, has more than 300 USlaw firms as clients.

Class of 1983Neal H. Hers t i k is a namepartner at Gro s s, Truss &H e rstik, P.C.

Class of 1984Lisa Sarnoff Gochman, adeputy attorney general inthe Division of CriminalJ u s t i c e, Appellate Section, inTre n ton, NJ, argued befo re

the US Supreme Court thisM a rch in the matter ofCharles C. Apprendi, Jr. v. Ne wJ e rs e y. Lisa defended the con-stitutionality of New Jers e y ’shate crime sta t u t e.

Class of 1985D r. Adena K. Berkow i t z ,who is a noted scholar in thefield of Jewish ethics, is thes c h o l a r - i n - residence atC o n g regation Beth To rah inD a l l a s, TX. Midge M.H y m a n joined the firm ofC o wan, Liebowitz & Latman,P.C. as a partner this

February. She specializes int rademark and copyright law.

Class of 1986D avid F. Ad l e r is a partner inthe firm of Jones, Day, Re a v i s& Pogue in Cleveland, OH,w h e re he practices in thec o m m e rcial litigation are a .David is the father of thre ec h i l d ren, ages fo u r, six, ands e ven. Michele Ku n ow i t zJ a s p e n announced the birthof twins, Caroline and Daniel,born June 24, 1999. Pe t e rWe i n m a n n , former narc o t i c sb u reau chief of the Erie

This year’s BALLSA Reunion Dinner was particularly well–attended and festive. “The evening was

just spectacular!” said Trish Williams, director of student services. A mariachi band perf o rm e d ,

and students honored Prof. Jonathan Silver and Noel Williams ’87 for their help and support .

The inaugural Outstanding Achievement Aw a rd was presented to Hon. Diane Renwick ’86, Civil

C o u rt of the City of New York. Her husband, Bronx District Attorney Robert T. Johnson, deliv-

e red the keynote address. Student leaders Derek Quashie ’00, Melissa Franco ’00, and Kare n

Saab ’00 are shown with the band.

C l a s s A c t i o n s

County District At to r n e y ’so f f i c e, has returned to priva t ep ractice and joined the lawfirm of Michael Wo l fgang. Henow practices in the areas ofeminent domain and re a le s tate tax assessment re v i e w.

Class of 1987Dana A. Mitchell Jaffe wa selected to Nassau County Dis-trict Court in January 1997.Prior to her election, she wa sa partner in the law firm ofM i tchell Jaffe & Jaffe. M a r kJ. Speciner is a partner atthe firm of Harris, Beach &W i l c ox, LLP. Mark pra c t i c e st rademark and copyright lawin the firm’s NYC office. He ismarried to Midge Hyman ’ 8 5 ,and they have a nine-year-oldd a u g h t e r, Arielle.

Class of 1988H a rold K. Gord o n is a part-ner in the law firm of Jones,Day, Reavis & Po g u e, wherehe practices in the litigationg roup. M a rc Handelman h a swo r ked in the legal publishinga rena for the past seve ra ly e a rs as an editor withB ro w n s tone Publishers. Hisf i rst book, A Dog’s Guide toLife: the Bala Diaries, wa sreleased in June.

Class of 1989Michael B. Silve r m i n t z is onthe exe c u t i ve committee ofYork Hunter, a constructionservices firm.

Class of 1991Paul Brusiloff was namedpartner at Debeviose &P l i m p ton. Nathaniel D.Fe l l e r is in private pra c t i c e,specializing in estate planningand administration, and hass e r ved as president of theJewish Community Council

of the Ro c ka way Peninsula fo rthe past five years. Philip S.S l o a n is dire c tor of globale vent marketing for EMCC o r p o ration. He is re s p o n s i b l efor worldwide strategic spon-s o rship activities and info r m a-tion technology confere n c e s.

Class of 1993Henry Bre g s t e i n is a partnerin the firm of Rosenman &Colin LLP, practicing in thec o r p o ra t e, banking, andfinance are a s. E t ta Ibokopened a solo practice con-c e n t rating in the areas of civilr i g h t s, immigration, and fa m i-ly law. Prior to opening herown firm, she wo r ked fo rm o re than six years as a litiga-tor for the Office of Corpora-tion Counsel of the City ofNew York. Ve ra Losonci i sinternational counsel atD e b e voise & Plimpton inLondon. Befo re taking thisposition, she wo r ked in thef i r m ’s Budapest and Pa r i so f f i c e s.

Class of 1994Rachel Mohl Abra h a m s a n dher husband, Dr. Stewa r tA b ra h a m s, announce thebirth of a son. L aw rence A.K l e i n joined CaminusC o r p o ration as in–housecounsel and is responsible fo rall legal matters, includingc o r p o rate finance and securi-ties law, labor and employ-ment issues, tra d e m a r k ,licensing, and contracts dra f t-ing and negotiating. In addi-tion, he maintains a small,e l i t e, private enterta i n m e n tp ra c t i c e. Alan C. Laifer a n dhis wife, Yael, had their sec-ond daughter, Hannah Mali,in June 1999. This past fa l l ,Alan joined Sandbox.com asvice president of e-commerc eand direct marketing. Prior to

joining this company, he ra nthe global direct marke t i n gp ro g rams for the Na t i o n a lH o c key League and NA S CAR.

Class of 1995D avid Slotkin is genera lcounsel for PrimusTelecommunications Gro u pI n c. He was featured in anarticle in Legal Times w h i c hnoted that young people(David is 30 years old) areocuppying exe c u t i ve positionsin high-tech companies.

Class of 1997Jacqueline J. Klosek is anassociate with the firm

Friedman Siegelbaum, LLP.A n t h o ny H. Son joined theSilicon Valley offices ofOppenheimer Wolff & Don-nelly, LLP, practicing in thea rea of intellectual pro p e r t y .

Class of 1998Shari M. Blecher joined thefirm of Goldshore & Wolf, P. C .Her areas of concentra t i o na re enviro n m e n tal and com-m e rcial litigation, and re g u l a-tory compliance. T h e o d o reFro u m has joined the lawfirm of Miller, Canfield,Paddock and Sto n e, in theAnn Arbor office, as an associ-ate in the business and

C a rd o zo Needs Yo u !

D i rector of Alumni Aff a i r sC a rd o zo is approaching it’s 25th Annive rsary. TheLaw School needs a cre a t i ve person to ta ke alumnirelations to another level. A Card o zo graduate whois an expert in the field of alumni relations is theperfect candidate. Job responsibilities includef u n d raising and “friendraising,” organizing speciale vents and re u n i o n s, and running the Annual Fu n d .The salary is competitive. Fax your resume and ac o ver letter to Debbie Niederhoffer, dire c tor ofd e velopment at 21 2 - 7 9 0 - 0 2 01 .

Phonathon Raises $10,000To w a rd Annual Fund

C u rrent students spent two evenings on

the telephones calling alumni for

contributions to the Annual Fund. More

than $10,000 was pledged—about 30%

m o re than in previous phonathons.

Debbie Niederh o ff e r, director of devel-

opment, said she expects this year’s

Annual Fund to be a re c o rd bre a k e r.

“The upward trend in giving is continu-

ing. We are delighted to have so much

s u p p o rt from the alums and appre c i a t e

the eff o rts of our student callers.”

finance group. Arthur B.S c h wa r t z , known also as“Cornholio Esquire, CEO ofthe Greedy Associates,” wa snamed one of the most influ-ential lawyers in America bythe National Law Journal i nthe June 12 issue. He is cre d-ited with “goosing the gre a tassociate raise of 2000…serve sas ringmaster of fa c t i o u s, fra c-tious Infirmation.com chatg roups” that draw up to 1.5million page views a we e k .S c h wartz is a business deve l o p-ment leader at FindLaw Inc.

Class of 1999J e f f rey Seewa l d was appoint-ed assistant corporation coun-sel for the City of New Yo r k .Mary Kate Wo o d s is a mediadefense litigator with CBSB roadcasting, Inc. Peter K.Yu is the exe c u t i ve dire c tor ofC a rd o zo ’s IntellectualP roperty Law Pro g ram andcontinues to be deputy dire c-tor of the Squadron Pro g ra m .His article “Succession byE s toppel; Hong Ko n g ’sSuccession to the ICCPR” wa spublished in Pe p p e rdine LawRe v i e w. As a re s e a rch associ-ate of the Pro g ramme inC o m p a ra t i ve Media Law &Policy at Oxfo rd Unive rs i t y ,he coordinates the ESIS II pro-ject launched by the Info r m a-tion Society Promotion Officeof the European Commission.

IN MEMORIAM

Elaine J. Ko t i n ’83 was adedicated civil servant. Fo rmany years, she was an atto r-ney for the NYPD’s CivilE n fo rcement Unit. She is sur-v i ved by her husband of 50y e a rs, Neil; her daughter,Debbie Insdorf ’80; son-in-law Michael; and two gra n d-c h i l d re n .

gossiptalkspin

Nine prominent constitutional law ye rs provide answe rsin the next issue of

C a rdozo Studies in Law and Literature

P r ovo c a t i ve essays by Milner Ball, A rthur Eisenberg,Kenneth Karst, Calvin Massey, R i c h a rd Parke r, D avid Richard s ,

Je f f rey Rosen, Cass Sunstein, and Richard We i s b e r gare featured in

“The Privatization of Our Public Discourse”

To re ce i ve this ext ra o rd i n a ry issue of Ca rd ozo Studies in Law and Lite ra t u re, mail $15.For an annual subscription (2 issues), mail $20 to :

is it interfering with American democracy?

Cardozo Studies in Law and LiteratureBenjamin N. Cardozo School of Law/Yeshiva University • 55 Fifth Avenue • New York,NY 10003

e-mail: rhweisbg@ymail.yu.edu

S AVE THE DAT E

O c tober 11, 2000

Benjamin N. Card o zo School of Law and its

Alumni Leadership Co u n c i linvite all alumni to a networking party in honor ofDean Paul R.Verkuil andSenior Associate Dean Michael Herz

6–9 pm • D e tails will be mailed

US Supreme CourtJustices Meet withE u ropean Counterpart sat Card o z o

When members of two ofthe wo r l d ’s most importa n tcourts met at Card o zo ,Associate Justice StephenB reyer of the United Sta t e sS u p reme Court came pre-p a red with a greeting inFrench. Howe ve r, the his-toric conference made itclear that the Supre m eCourt justices and their colleagues on the Court ofJustice of the Euro p e a nCommunities have begunto develop a common lan-g u a g e. They are applyingsimilar principles to com-p l ex issues confronting boththe United States and the15-member Euro p e a nUnion and beginning tolearn from each other.

Eight judges and advo-cates general of theE u ropean court gathered atC a rd o zo with three of theirAmerican counterparts—Justices Bre y e r, Sandra DayO ’ C o n n o r, and Anthony M.Ke n n e d y — for a round ofjudicial shop talk cospon-s o red by Card o zo and the

New York Unive rsity Schoolof Law. This marked thef i rst official visit of theE u ropean Court of Justiceto the US. The Euro p e a njurists also participated in aday-long series of panels atNYU on current constitu-tional issues in antitrustpolicy, enviro n m e n tal re g u-lation, and Internet priva-cy. The European delega-tion then visited the UnitedS tates Supreme Court inWa s h i n g ton, DC and theTexas Supreme Court.

The pro g ram continueda dialogue begun two yearsago when United Sta t e sS u p reme Court justices visited the European courtin Luxe m b o u rg. Dean Pa u lVerkuil and Prof. Michel

Rosenfeld, president of theInternational Association of Constitutional Law,accompanied the Americand e l e g a t i o n .

Judicial review has beene n t renched in the US sincethe Marbury v. Madisondecision of 1803. The Euro-pean Court of Justice, thes u p reme judicial authorityon matters governed byE u ropean Community Law,was created only in 1952,so its role and powe rs, likethose of the integra t e dE u rope it serve s, are stille vo l v i n g .

T h u s, Dean Ve r k u i lpointed out in his openingre m a r k s, the Euro p e a n

judges had tra veled fro mthe “New World” of consti-tutionalism to the “OldWorld.” When it comes tojudicial re v i e w, “they arenew at it,” the dean said.“ We are ex p e r i e n c e d . ”

U n l i ke Euro p e a n s,Americans like to ta l kabout the law, said David A.O. Edwa rd of Scotland,p resident of the Fourth andFifth Chambers of theCourt of Justice. “You liketo argue about it. Above all,you like to debate the quali-ty of it.” But Europeans andAmericans share “theaccepted sta n d a rds of rightc o n d u c t . ”

F i rst Ad vocate Genera l

C A M P U Sa ro u n d

Justice Sandra Day O’Connor,

the first woman appointed to the US

S u p reme Court, with Judge Fidelma

O’Kelly Macken, the first woman

appointed to the Court of Justice

Nial Fennelly, First Advocate General with

Associate Justice Anthony Kennedy

Dean Michael Herz

a d d ressing members of the

C o u rt of Justice at NYU. Judge

Claus Gulmann is on the left.

Nial Fennelly of Ire l a n dsaid that much of Euro p e a nCommunity Law was basedon the principles of “pro-portionality” and “sub-sidiarity.” Pro p o r t i o n a l i t yre q u i res policymake rs toconsider whether theiractions are suitable andnecessary to achieve ad e s i red end. To JusticeO’Connor that sounded likethe “strict scrutiny” Ameri-can courts apply in certa i nconstitutional cases.

Americans talk a lotabout “federa l i s m , ”although, according toJustice Kennedy, they donot unders tand it fully. Theterm is contro ve rsial inE u ro p e, where it often connotes centra l i zed powe r.H o we ve r, the recently formulated principle of“subsidiarity” is akin to the

A m e r i c a nnotion off e d e ra l i s m .It meansthat theC o m m u n i t yshould actonly if itso b j e c t i ve scannot bea c h i e ved bym e m b e rs ta t e s. “This is more a polit-ical than a legal question,”Fennelly said. “The con-to u rs are far from clear. ”

M e a n w h i l e, saidO ’ C o n n o r, “I cannot thinkof anything that has splitour court more” thandebates over the re s p e c t i vep o we rs of the state andnational gove r n m e n t s. Shesaid, quoting JusticeKennedy, the Constitutionof the United States “splitsthe atom of sove re i g n t y , ”reserving a significant ro l efor the sta t e s. Ke n n e d yadded that there is a mora land ethical component tof e d e ralism, that “it is wro n gto surrender control of yourdestiny to a remote entity.”B re y e r, who has been in theminority in a series of 5–4decisions affirming thep o wer of the sta t e s, saidthat Europeans face similarissues as they work to pro-vide both the right to partic-

ipate in government andthe liberty from gove r n-ment. “Do you keep powe rin Naples or transfer it toL u xe m b o u rg ? ”

In briefing their col-leagues about the Americanjudicial scene, the Ameri-can justices cove red a va r i-ety of issues. Kennedy citedthe importance of the Firs tAmendment in the Ameri-can system. “Our fre espeech jurisprudence give sc i t i zens a real sta ke in theConstitution,” he said.

On the second day, thec o n f e rence turned to specif-ic legal issues, where mem-b e rs of the European Courtmet with academics. Pro f .John O. McGinnis arg u e dthat a “re volution” inAmerican antitrust law has“something to teach theworld.” Incre a s i n g l y ,American antitrust policy is

guided by the objective ofconsumer we l fa re andrespect for the free marke t .

Ad vocate Genera lFrancis G. Jacobs of Eng-land said that the incre a s-ing integration of the Euro-pean market has madeAmerican precedents morere l e vant to the deve l o p-ment of European “Com-petition Law. ”

“ We are, after all, for thef i rst time confronted withthe same fo rces on bothsides of the At l a n t i c,” hesaid. Howe ve r, he added,E u ropeans generally areless trustful of the marke tthan their American c o u n t e r p a r t s.

Giuliano Amato, a fo r-mer Italian prime ministerwho is on the NYU fa c u l t y ,c o u n t e red McGinnis’s position. “You have to gocase by case,” he said. “Yo u

Justice Breyer with students

F rom left: Justice Kennedy, Card o z o

B o a rd Chairman Earle Mack, Judge

E d w a rd, Thomas Susman, Esq., NYU

Dean John Sexton, Prof. Rosenfeld,

Justice O’Connor, Judge Leif Sevón,

Judge Macken, Judge Claus

Gulmann, Justice Bre y e r, Judge Jean-

P i e rre Puissochet, Dean Ve r k u i l ,

Chief Justice of the Texas Supre m e

C o u rt Thomas Phillips, Registrar

Roger Grass, Judge Nial Fennelly,

Advocate General Philippe Léger,

Advocate General Francis G. Jacobs

Judge David A.O. Edward, pre s i d e n t

of the Fourth and Fifth Chambers of

the Court of Justice presents Dean

Verkuil with a present for his part in

o rganizing the confere n c e .

cannot be so ideological asto say the market willa l ways ta ke care of itself.”McGinnis responded thatg o vernment should actagainst blatant carteliza t i o nand other inefficient pra c-t i c e s, but he insisted thatofficials have a hard timem a rshalling the info r m a-tion needed to identify suchp ra c t i c e s.

Recalling Justice Bre y e r ’sg reeting, Dean MichaelHerz had a wo rd of we l-

come of his own for the laws c h o o l ’s guests: “Shalom.”He then traced the deve l o p-ment of American enviro n-m e n tal law from its com-mon law period, thro u g hthe passage in the 1970s ofa spate of federal “c o m m o n -a n d - c o n t rol” measure s, to ag rowing reliance on eco-nomic incentive s, vo l u n ta r yc o o p e ration, and flex i b i l i t yin American re g u l a t i o n s.

Ac c o rding to Judge LeifS e von of Finland, Euro p e ’s

own enviro n m e n tal m o vement was triggered by a series of industrial c a ta s t ro p h e s.

P rofessor Ro s e n f e l dm o d e rated a session aboutthe effect of new technolo-gy on privacy at whichP rof. David Ru d e n s t i n es ke tched the legal fra m e-work for fighting off a “ m a s s i ve invasion of priva-cy.” He offered a “dooms-day” scenario in which theInternet has assumed the

role of Big Bro t h e r, whoknew everything about thec i t i ze n r y .

“So we have a pro b l e m —b road scale online priva c yi n vasions—and no easys o l u t i o n s,” he concluded.“Although we can turn tothe national gove r n m e n tfor assista n c e, and we canp re s s u re the private secto rto exe rcise re s t raint, it isu n c e r tain whether we willbe successful in securinge f f e c t i ve constitutional

Dean Paul Verkuil announced that a $5 million gift from Dr. Stephen H.F l o e rsheimer will establish a center fo rconstitutional democracy at Card o zo .The Floersheimer Center will fo c u sre s e a rch, thought, teaching, and publi-cations on the challenges to constitu-tional governance here and abroad. Itintends to deal with contro ve rsial issuesin an objective and nonpolitical manner.

Ac c o rding to Dean Verkuil, “Dr. Floersheimer is a wo n-derful donor, someone who is interested in nurturing intel-lectual activity at the highest level. This ex t ra o rdinary giftwill ensure a future of scholarly and intellectual achieve-ment at Card o zo . ”

The Floersheimer Center for Constitutional Democra c yplans to support re s e a rch by scholars and policymake rs,c o n f e re n c e s, publications, and consultancies both here anda b road. One important goal will be to encourage cro s s -f e r t i l i zation in a time of global constitution buildingt h rough workshops for public and private leaders in deve l-oping countries. A leadership pro g ram in constitutionallaw is contemplated that will offer scholarships to out-s tanding students.

Ye s h i va Unive rsity President Norman Lamm lauded theg e n e rosity and the fo resight evident in Dr. Floers h e i m e r ’sgift. “Dr. Floersheimer re c o g n i zes that Card o zo is energ e t i cand that its prolific faculty is committed to legal theoryand open to scholars from other disciplines. The Law

School has also become increasingly aplace known for public discussions ofc o m p a ra t i ve constitutionalism, newd e m o c ra c i e s, and societal systems. Dr.F l o e rs h e i m e r ’s gift will move the LawSchool further to wa rd achieving itslong-term goals. ”

D r. Floersheimer has been a friendof the Law School since his son, Mark,who graduated from Card o zo in 1993,

began his studies. In 1992, he established in memory ofhis father the Walter Floersheimer Chair in ConstitutionalL a w, held by Prof. Richard We i s b e rg. Ac c o rding to Dr.F l o e rs h e i m e r, who holds a docto rate in English litera t u ref rom Oxfo rd Unive rsity, “I believe that Card o zo is a uniqueacademic institution. It has an ex t ra o rdinary and interd i s-ciplinary faculty that encourages dialogue and re s e a rc hi n to law and constitutional democracy and includes seve r-al leading figures in the international arena of compara t i veconstitutionalism. At a time when democracy is ta k i n groot and beginning to flourish in countries throughout theworld, this Center has the potential to have an impact onworld democracy and the stability of fledgling gove r n m e n t s. ”

Dean Verkuil announced also that Gerald Gunther,William Nelson Cro m well Professor Emeritus at Sta n fo rdU n i ve rsity Law School, will be the Floersheimer Center’sf i rst visiting professor and scholar. Professor Gunther, whowill be at Card o zo in the fall of 2001, “is one of the gre a tf i g u res in American constitutional law,” said Dean Ve r k u i l .

Gift of $5 Million Will Establish Floersheimer Center for Constitutional Democra cy

D r. Stephen H. Floersheimer with

D r. Norman Lamm

legislation, and whether theInternet industry will adoptand implement pro g ra m sthat effectively pro t e c tonline priva c y . ”

Judge ChristianGulmann of Denmark saidthat the Europeans havefocused on the protection ofd a tabases and on safeguard-ing the free flow of info r-mation; they have not yetg rappled with privacy is-sues posed by the Internet.

Heyman Lecture sP rovide Range ofL e s s o n s

At the two Heyman Centerl e c t u res this spring, atten-dees re c e i ved a primer inthe operation of a priva t eequity company and we rewarned not to expect to omuch from boards of dire c-to rs when it comes to “managing” the corpora t i o n .

C a rd o zo Board MemberThomas H. Lee, who is nota lawyer, said that “the nex tf i ve years look very good”for the Thomas H. Lee Com-pany, which is one of about500 private firms that havem a rshalled seve ral hundre dbillion dollars of inve s t m e n tin the last 20 years. Thesefirms function as a “kind ofp r i vate stock marke t . ”

M r. Lee’s company spe-c i a l i zes in financing “high-quality” companies. Of the1,000 deals the firm seeseach year, 700 are not agood fit. Of the re m a i n d e r,it may acquire an equitys ta ke in 50. To d a y ’s deals,u n l i ke those highly leve r-aged ones popular duringthe heyday of junk bonds,usually have a debt-to - e q u i t y

C a rdozo International and Comparative Law Journ a l and the Financial Wo m e n ’s

Association co-sponsored “Advising Emerging International Markets.” Panelists were

( f rom left) Jennifer Frankel ’97; Aviva We rn e r, senior legal counsel, Emerging Markets

Traders Association; Bob Strahota, Securities & Exchange Commission; Alison Hard w o o d ,

World Bank/IFC specialist; and Professor Ingo Wa l t e r, NYU Stern School of Business.

R o b e rt S. Bennett, part n e r,

Skadden, Arps, Slate,

Meagher & Flom and form e r

special counsel, US Senate

Select Committee on Ethics,

gave the annual Jacob Burn s

Ethics Center lecture. He dwelled in part on the conflict faced by lawyers who are

expected to serve as guardians of the law, playing a vital role in the pre s e rvation of

society and conforming to “the highest standards of ethical and moral conduct,” while

also serving as zealous advocates for clients who are less interested in the high-minded

pursuit of truth than in pre s e rving their fortunes, their reputations, or even their lives.

“The zealous advocate often speaks and acts in ways which to many are morally re p re-

hensible, and do not promote respect for the law in the eyes of the public,” Bennett

said. An advocate cannot sponsor perjured testimony, obstruct justice, or falsify evi-

dence, but he can use cross-examination “to rip to shreds” an elderly victim the lawyer

knows is telling the truth. He can maneuver to pick jurors who will be guided by emo-

tion and passion rather than the truth. And he can use his own credibility to advance an

a rgument that he knows beyond all reasonable doubt is untrue. He concluded that too

often the “game” overwhelms the pursuit of justice.

ratio of two or three to one.The Thomas H. Lee

Company then holds itsequity sta ke for an ave ra g eof three and a half years,contributing analyticals k i l l s, the ability to fo re c a s tthe future, and an under-s tanding of managementc a p a b i l i t i e s. Although itre c e i ves a fee, most of thec o m p a n y ’s profit comes on“the back end,” when thecompany is sold.

At torney Robert E.Denham, partner, Munger,Tolles & Olson, discussedwhat dire c to rs contribute topublic companies, a hottopic among those who areconcerned with the re fo r mof corporate gove r n a n c e.

Textbooks often describethe board as “running thec o r p o ration.” Denhamdescribed that as a “ve r ycurious” sta t e m e n t .Ac c o rding to him, dire c to rsa re important because theypick a company’s CEO anddecide how he or sheshould be compensated.Once the CEO is in place,h o we ve r, the board ’s role islimited by the fact that theCEO has readier access tocrucial information. Somed i re c to rs become close tothe CEO and “boards hateto tell the CEO no,”Denham said.

He suggested that board scan, howe ve r, play a larg e rrole in setting and enfo rc-ing ex p e c tations for ethicsand compliance. Heo b s e r ved that dire c to rs of e - c o m m e rce and other“new model” firms seemm o re invo l ved in opera-t i o n s. “This is akin to theway boards functioned inearlier times. ”

Dean Appoints SterkSenior Associate Dean

S t e wart Sterk has been onthe faculty since 1979. Hehas known every dean inthe history of Card o zo, saton most committees—including the current deans e a rch committee—and willnow ta ke his first adminis-t ra t i ve posi-tion assenior asso-ciate dean.“I don’tthink thereis a pre-scribed jobd e s c r i p-tion,” said Professor Sterk.“I will do whatever theDean wants me to do andthen whatever else needs tobe done.” Sterk, the H. Bertand Ruth Mack Professor of Re a l E s tate Law, is edito rof the New York Real Esta t eRe p o r t e r and writes andteaches in the areas ofp roperty, conflict of laws,trusts and esta t e s, andc o p y r i g h t .

Ac c o rding to Dean Pa u lVerkuil, “Having Stew Sterkin this critical position willbe a great benefit to thee n t i re law school communi-ty. He is respected by hiscolleagues as a scholar, bythe students as an exc e l l e n tt e a c h e r, and as a leader bythe administration.” Pro f .Michael Herz, who hasbeen in the position fo rfour years, will step downin August. (See p. 19.)

When Professor Sterkm o ves to the dean’s office,at the top of the list ofthings he hopes to accom-plish will be to build a bet-

ter relationship betwe e nthe administration and thes t u d e n t s. He ex p l a i n s, “Iwant to help create a coop-e ra t i ve environment so thatthe students have a morep o s i t i ve experience whilethey are at Card o zo.” Heindicated that this willmean creating more oppor-tunities for social intera c-tion between the adminis-

t ration and thestudents andbuilding anaccessible sta f fthat is pre-p a red to meetstudents’ legiti-mate needs. Indescribing the

management style that isgoing to help achieve thiso b j e c t i ve, Professor Sterksaid, “I want to make peo-ple feel a part of the deci-sions and the pro g ra m s. Itmay ta ke longer in thebeginning, but it will payoff in the end as staff, fa c u l-ty, and students come

together as a community.”P rofessor Sterk has

a g reed to serve for oney e a r, believing it appro p r i-ate for the new dean tochoose his or her own asso-ciate dean.

In terms of the deans e a rch, Professor Sterk said,“It is impossible to finde very quality that youwould want in one pers o n .H o we ve r, the most impor-tant thing is to find some-one with strong academicand leadership cre d e n t i a l s. ”Second, he feels that a candidate should show theability to market Card o zo ’ss t rengths in the law school,legal, and donor communi-ties so as to both help students looking for jobsand benefit the law schoolin the long term. “What wereally need is an impre s a r i owho can ta ke eve r y t h i n gthat is wonderful aboutC a rd o zo and put it into aterrific package for theworld to see. ”

IP AND DISPUTE RESOLUTION PROGRAMSRANK IN TOP TEN

In the US News and World Report Best Graduate Schools

issue, Cardozo found itself listed on two top-ten lists. In

Intellectual Pro p e rty Law, Cardozo ranked sixth, making it

the top-ranked program in New York City. NYU and

Columbia ranked ninth in a three-way tie with University of

Texas–Austin. University of Californ i a – B e r k e l e y, Georg e

Washington University, and Franklin Pierce Law Center

ranked first, second, and third, re s p e c t i v e l y. This is the third

year that the program ranked in the top ten. The Card o z o

p rogram in Dispute Resolution made the list for the first

time, taking eighth place—the only New York law school to

be listed. University of Missouri–Columbia, Ohio State

U n i v e r s i t y, and Pepperdine University ranked first, second,

and third in this category. Specialty programs are ranked by

a survey of faculty members who teach in the field at 174

a c c redited law schools.

A rt Wars Generals andI n f a n t ry AttendC o n f e re n c e

In his opening re m a r k s,New York City’s Commis-sioner of Cultural Affa i rsSchuyler Chapin took liter-ally the title of the confer-e n c e, “Reports From theFront Lines of the Art andC u l t u ral Property Wa rs, ”and gave the audience ofm o re than 150 artists,museum dire c to rs, galleryd e a l e rs, and lawyers abehind-the-scenes look atthe “Brooklyn Museum fra-c a s,” when Mayor Ru d o l p hGiuliani halted city fundingof the century-old institu-tion. Commissioner Chaping a ve a simple reason fo rthe six-month ordeal thatthe city, the Museum, andthe art world lived thro u g h :The Mayor “lost his tem-p e r.” A simple ex p l a n a t i o nfor a complicated issue thatended with a federal judgeupholding the museum’sF i rst Amendment rights.“The battle of the Bro o k l y nMuseum is ove r, but thewar has not been won. Wea re a very nervous nationwhen it comes to publicsupport of the arts,” he con-

tinued, making it clear thathe feels that support of thearts is “one of our majorresponsibilities as a city anda nation.”

But public support of thearts was not the day’s majorto p i c. It wa s, in fact, a cele-b ration of Prof. John HenryM e r r y m a n ’s contributionsto art and cultural pro p e r t yl a w. The esteemed Sta n fo rdU n i ve rsity law professor iswidely credited with beingthe seminal figure in thisa rea of the law, havingd e veloped the first cours e(1972) and its accompany-ing text (1979). In hiskeynote speech, Pro f e s s o rMerryman explained thatwith re g a rd to the export ofc u l t u ral property and arti-fa c t s, two competing fo rc e sa re at work: the interna-tional commitment to fre et rade and the commitmentto fundamental human

r i g h t s. If, he posited, onehas the right to tra vel, doesone also have the right tota ke along one’s goods? His attendance at all of thesessions provided we i g h tand import to the day’s p ro c e e d i n g s.

The internationallyacclaimed sculptor RichardS e r ra spoke about T i l t e dA rc, a site-specific commis-sioned public sculpture thatwas re m o ved in 1989 fro min front of the Fe d e ra lBuilding for which it wa sdesigned, after a long andcontentious legal battle thatplayed out in the press andthat Mr. Serra qualified as“akin to book burning.” Theartist is now working toh a ve moral rights legisla-tion passed that wo u l dm a ke the destruction of anart work a crime.

P rof. Marci Hamilto n ,who re p resented theVolunteer Lawyers for theArts against the City ofNew York in the Bro o k l y nMuseum case, said at thepanel on Suppression andLiberty that “c e n s o rship ofart is the mark of tyra n n y . ”H o we ve r, she added,“strings of accounta b i l i t ycome with gove r n m e n tfunding” and the gove r n-ment should fo rs wear con-t rol only when public fund-ing is eliminated. Prof. Jane

G i n s b u rg of Columbia dis-cussed the perplexing issueof moral rights in a digita la g e, when legislation give sa u t h o rs the right to be cre d-ited and pre s e r ves theintegrity of their wo r kwhile the Internet pre s e n t smany opportunities fo rcopying, distorting, andc o n t rolling original wo r k .Citing the Tilted Arc c a s e,Justin Hughes, adjunct pro-f e s s o r, indicated that thea rgument was really aboutthe sculpture ’s context, andhe asked whether the artisthas a right to control thef ra m e work or the contex tin which a piece is seen aswell as the art work itself.T h i s, according to Hughes,is an untenable position,since “art is becoming lessand less context dependent”and the Internet is con-tributing to the decontex t u-a l i za t i o n .

In a panel on re p a t r i a-tion of cultural artifa c t s,Nancy Wilkie, president of

SEARCH IS ON FOR NEW DEAN

Dean Paul Verkuil announced that he will step down as

dean in December 2000, although he will continue as a

member of the faculty. A search committee composed of

members of the board, faculty, and student body under

the leadership of Yeshiva University Vice President Mort o n

L o w e n g rub was appointed to find his successor. Accord i n g

to YU President Norman Lamm, “We have all been fort u-

nate to have Dean Verkuil at the helm of the Law School.

His experience, sagacity, and clear vision have kept us on a

course of success.”

( F rom left) Professor Rudenstine,

P rof. John Henry Merryman, and

sculptor Richard Serr a

Commissioner Schuyler Chapin

the Archaeological Instituteof America, declared “thelooting must end!” JamesCuno, dire c tor of theH a r va rd Unive rsity ArtM u s e u m s, said it was them u s e u m ’s responsibility top e r form due diligencere g a rding any art work thatis being considered fo racquisition. He also made adistinction between cultura lp roperty and cultural patri-mony—those artifacts thatbelong to a country’s collec-t i ve identity. Prof. DavidRudenstine moderated thepanel and presented hisrecent re s e a rch on theElgin Marbles, putting inquestion the validity ofE n g l a n d ’s legal right toh a ve ta ken and kept themarbles that Lord Elginre m o ved from theParthenon, perhaps withoutpermission. (See page 25.)

The final discussion,m o d e rated by DanielS h a p i ro, adjunct pro f e s s o r,l o o ked to the future andhow the Internet and com-p u t e rs may change thelandscape for museums and

artists alike. Museum dire c-to rs Michael Govan of theDia Center for the Arts,Kenneth Hamma of the J.Paul Getty Museum, andStephen Weil of theSmithsonian Institutionenlightened the audienceon such topics as thecloning of objects, the ro l eof computers in searc h i n gfor stolen works of art, andart made for the Internet.

The conference wa sfunded by the Jacob BurnsInstitute for Ad va n c e dLegal Studies, The J. Pa u lGetty Trust, The Samuel H.K ress Foundation, TheReed Foundation, Inc., andThe Andy Warhol Fo u n d a-tion for the Visual Arts.

C a rdozo EstablishesHolocaust ClaimsRestitution Clinic

The first Holocaust ClaimsRestitution Clinic at anAmerican law school wa sfounded this spring atC a rd o zo and is supervised

by LucilleRoussin ’96, fo r-mer deputy re-s e a rch dire c to rfor art and cul-t u ral pro p e r t yat the Pre s i d e n-tial Av i s o r yCommission onHolocaust As-sets in theUnited Sta t e s.

Ac c o rding toM s. Ro u s s i n ,“My work, anda discussionwith Pro f .Malvina Hal-b e rs tam, inspired me to setup this clinic. The numberof students wishing to par-ticipate shows there is enor-mous interest in this field.”

C o m p e t i t i vely selectedstudents we re placed at theHolocaust Claims Pro c e s-sing Office, at agencies, andwith private atto r n e y si n vestigating and purs u i n gi n s u rance and other claimsof Holocaust victims. Are q u i red seminar surve y sh i s torical approaches to pillage and restitution, re l e-

vant international law, thed e velopment of internation-al cultural property agre e-m e n t s, and legal issues specific to World War II.Students also discussedtheir field work and com-pleted independentre s e a rch. Experts in thefields of insurance litiga-tion, Russian trophy art,and slave labor issues we reguest lecture rs.

M s. Ro u s s i n ’s area ofexpertise is cultural pro p e r-ty—she holds a Ph.D. fro mColumbia Unive rsity in arth i s tory and archeology. Inthe 1980s, she taught arth i s tory at Stern College fo rWomen, Ye s h i va College,and Sarah Lawre n c eC o l l e g e. In 1992, when Ms.Roussin heard a talk at theAssociation of the Bar ofthe City of New York aboutre c o vering cultural pro p e r-ty, she decided to go to lawschool. Upon gra d u a t i n g ,she became an associate atHerrick, Feinstein, whereshe wo r ked on cultura lp roperty issues for thre ey e a rs.

Students in Adjunct

P rofessor Justin

H u g h e s ’s course, Law

of Cyberspace, were

t reated to a surprise

when New York State

A t t o rney General

Eliot Spitzer showed

up to teach class.

Lucille Roussin

John Marth ’00Named SkaddenF e l l o w

For the first time, a Card o zostudent was awa rded thehighly competitive Ska d d e nFe l l o wship. John Marth ’00was selected from a pool ofh u n d reds of applicants toparticipate in a two - y e a rp ro g ram doing public inter-est legal work. The Ska d d e nFe l l o wship Foundation pays

recipients $37,500 per year,p rovides benefits, andm a kes law school loan pay-ments for thed u ration of thef e l l o ws h i p .

John, whointends to purs u ea public intere s tlaw care e r, said,“I believe that Ican do somethingsignificant tore l i e ve suffering,to pre vent injus-

t i c e, and, if not to win theb a t t l e, then at least to helpe ven the odds for those

who have come out on thelosing end far too long.”

The Skadden Fe l l o ws h i pwas started in 1989 by thelaw firm Skadden, Arps,S l a t e, Meagher & Flom.Each year 25 re c i p i e n t s,who come from then a t i o n ’s most selective laws c h o o l s, are chosen fo rtheir academic re c o rds andcommitment to publici n t e rest work. A fo u n d a t i o nadvisory committee of part-n e rs, Susan B. Plum, dire c-

A m b a s s a d o rs from Japan, Chile, Brazil, Israel, Po r t u g a l ,Egypt, and Hungary, consul genera l s, the media, students,and faculty packed the Jacob Burns Moot Court Room top resent Ambassador Richard C. Holbro o ke, US permanentre p re s e n ta t i ve to the UN, withthe inaugural InternationalAd vocate for Peace Awa rd .

Students from the C a rd o zoOnline Journal of ConflictRe s o l u t i o n and the Inter-national Law StudentsAssociation collaborated toc reate the annual awa rd tore c o g n i ze and encourage thee f forts of those in the inter-national dispute re s o l u t i o ncommunity. AmbassadorH o l b ro o ke was selected fo rhis work promoting humani-tarian conditions and peace-ful resolution to armed con-flict, especially for his media-tion in Ko s o vo. The event was co-sponsored by Card o zo ’sCenter for Professional Development and the New Yo r kS tate Bar Association.

Ambassador Holbro o ke used the occasion to make apolicy statement re g a rding internally displaced pers o n s, orinternal re f u g e e s. He explained that the plight of re f u g e e sis a subject with which he is fa m i l i a r. His mother, whoattended the ceremony, fled Nazi Germany, his fa t h e r ’s

family fled Bolshevik Russia, and his wife and her fa m i l ya re refugees from Hungary. In addition, his work as a fo r-eign service officer in Vietnam and as assistant secre ta r yof state for East Asian and Pacific Affa i rs under Pre s i d e n t

Carter introduced him to thefull dimensions of therefugee issue. He has alsos e r ved on the board of theInternational Re s c u eCommittee and as chairmanof Refugees International.

His speech was a call toaction to re c o g n i ze andd e velop a system for aidingthose who are refugees with-in their own bord e rs. Henoted that the internationalcommunity officially re c o g-n i zes as refugees those whoc ross national bord e rs,which makes them eligiblefor assistance from the

UN High Commission for Refugees (UNHCR) and othero rg a n i za t i o n s.

Internal re f u g e e s — m o re than 21 million—suffer the samed e g rading and unsafe conditions as international re f u g e e s,yet are virtually ignored. He proposed that the internation-al community officially re c o g n i ze these people as re f u g e e sand that the UN appoint the UNHCR as the lead agency toc o o rdinate relief and protection for these victims.

Students Honor Ambassador Holbro o k e

( F rom right) , Tiiu Gennert ’00, Peggy Sweeney ’01, and Leila M. Zubi

’00 present Ambassador Richard Holbrooke with the Intern a t i o n a l

Advocate for Peace Aw a rd .

tor of the Skadden Fe l l o w-ship Pro g ram, and theB o a rd of Trustees ove rs e ethe selection pro c e s s. Ms.Plum re m a r ked, “We we rei m p ressed with John’sex t e n s i ve history of publici n t e rest work, the fact thathe lives in the communityhe will serve, and his driveto set up a full-time legalclinic in the soup kitc h e nthat he helped found and isa board member of—he istaking his invo l vement toanother level. John is a par-adigm of the Ska d d e nFe l l o w. Quite frankly, wewe re dazzled by him.”

In September, John wille s tablish a full-time legalclinic under the sponsor-ship of the Urban JusticeCenter (UJC), an org a n i za-tion offering free legal ser-vices to poor people.Specifically, he will pro v i d ed i rect re p re s e n tation oflow-income residents inB ronx Housing Court, helpclients who have ex h a u s t e dtheir we l fa re administra t i vea p p e a l s, and educate peo-ple about we l fa re and hous-ing rights, providing skillsfor self-empowe r m e n t .Dean Verkuil said, “John’scommitment to justicebrings distinction not onlyto him, but to the LawSchool as well. We hopemany students will bei n s p i red by his exa m p l e. ”

Public interest work hasplayed an important role inJ o h n ’s life. He vo l u n t e e re din a shelter for homelesswomen, helped refugees inEl Salvador rebuild theircommunity, was a case-wo r ker in a shelter fo relderly homeless in NYC,interned at the UJC, and

At “Artifical Intelligence and Judicial Proof,” an international group of panelists

e x p l o red the nature and mission of artificial intelligence and its contributions to the

study and practice of forensic investigation and proof. Participants included (from left)

Kola Abimbola, re s e a rch fellow, Amherst College; Prof. Paolo Garbolino, Scuola Norm a l e

S u p e r i o re; Paul Snow, statistical consultant; Prof. Marianne Belis, École Central d’Élec-

t ronique; Prof. David Schum, George Mason University; and Prof. Marilyn MacCrimmon,

University of British Columbia. Other panelists were Prof. Wa rd Edwards, University of

S o u t h e rn California; Prof. Ronald Howard, Stanford University; Prof. Kathryn Laskey,

G e o rge Mason University; Tod Levitt, president, Information Extraction & Tr a n s p o rt, Inc.;

P rof. David Poole, University of British Columbia; Prof. Glenn Shafer, Rutgers University;

P rof. Ve rn Wa l k e r, Hofstra University School of Law; and Cardozo Professors Melanie

Leslie and Peter Tillers. The event was co-sponored by the C a rdozo Law Review and the

Jacob Burns Institute for Advanced Legal Studies.

Each year over 100 students and more than 200 visiting faculty participate in Card o z o ’s

Intensive Trial Advocacy Program (ITAP). Students learn how to do opening statements,

c ross-examinations, closing arguments and all phases of criminal and civil trials. The

visiting faculty give demonstrations and student critiques (above) from which the

students learn effective techniques and have the opportunity to view diff e rent court-

room styles. At the end of two weeks, students pre p a re and present bench and jury

trials before a practicing judge. Ty p i c a l l y, students say that ITAP is one of the most

intense and re w a rding law school experiences.

for many years helped asmall soup kitchen, Part ofthe Solution, grow into awe l l - e s tablished, multiser-vice org a n i za t i o n .

John was a Mack Scholarand participated in the BetT zedek Legal ServicesC l i n i c. He stressed the sup-p o r t i ve roles of Pro f e s s o rsParis Baldacci, Toby Golick,and Leslie Salzman. “Theyhelped me gain the legalexpertise I needed tou n d e r ta ke this pro j e c t . ”

Moot Court Wins Top Honors

The Moot Court HonorSociety had a memora b l ey e a r, winning top honors int wo major competitions.Aglaia Davis ’01 and SethKaufman ’00 we re the win-ning team at the WidenerU n i ve rsity School of LawCompetition in March. Theteam of Alan Gotthelf ’01and Sonny Chehl won theAIPLA Northeast Re g i o n a l

Competition; they also wo nbest appellee’s brief. At theFo rdham Securities LawCompetition, Erin Na f ta l i’00 won best oralist in thep reliminary ro u n d s, and theteams of Christophe diFa l c o’ 01 and Joshua Re i t zas ’01and Pamela Cheong ’01 and

Erin Na f tali ’00 advanced tothe quarterfinals. At theNassau Constitutional LawCompetition, Jennifer Loyd’ 01 and Lisa Tuntigian ’01won both best brief and sec-ond place. At the WisconsinConstitutional Law Com-petition, Pete McHugh ’01

and Jason Halper ’01 ad-vanced to the quarterfinals.

Employment Stats areGood for Class of ’99;Salaries Up

With only seven alums notreporting, 97.4% of theClass of ’99 is employed atan ave rage salary of $7 4,141 .This is a significant in-c rease over the pre c e d i n gyear and does not includerecent salary “bump-ups” atl a rger firms. JacquelynBurt, assistant dean, Centerfor Professional Deve l o p-ment, noted, “The highc o o p e ration from our alumsis significant and va l i d a t e sour sta t i s t i c s.” Of particulari n t e rest to note from thisy e a r ’s data survey is ani m p ro ved “a t / b e fo re” gra d u-ation rate of 75.3% and thatthe Class of ’99 employ-ment pattern reflects thenationwide trend showing a

SBA AUCTION RAISES $47,000 FOR PUBLIC INTEREST STIPENDS

At the 8th Annual Goods and Services Auction, Cardozo raised $47,000 for public intere s t

stipends, which allow students to take public interest summer internships that pay no salary.

Live and silent auction items brought in more than $22,000, and Melvin I. Weiss, parent of

alumnus Stephen Weiss ’90, gave $25,000, the largest single gift ever given to the auction.

Guest auctioneer Ricky Kleiman (above), Court TV commentator, kept the bidding fast and

e n e rgetic. Auction items included meals with faculty members, tickets to sporting events and

theater perf o rmances, and bottles of vintage wine. A winning bid of $1,200—the highest of

the evening—was made by six students for dinner with Prof. Stewart Sterk.

Judy Saff e r, assistant general counsel, BMI (center), is shown here with members of the Moot Court

Honor Society: (from left) Jisoo Lee ’01; Deborah Rubino ’00; Jennifer Davis ’00; Danielle Attias ’00; Sarah

Opatut ’00; Arti Tandon ’00; Jody Sharp ’01; Nancy Abdelrahman ’01; Michael Hoffman ’00; and Jaimie

Rothman ’00. The Honor Society organizes the annual Cardozo/BMI Entertainment and Communications

Law Moot Court Competition. More than 20 teams from law schools around the country compete each

y e a r. BMI is dedicated to the protection of the rights of writers, composers, and publishers of music.

The Black, Asian, and LatinoLaw Students Association( BA L L SA) played a significant

role in enhancing campus life thiss e m e s t e r. Students invited pro m i n e n tpolitical figures to campus, org a n i ze dpanels and art shows, and hosted sev-e ral parties. BA L L SA and the Law &Politics Society hosted civil rightsleader Re v. Al Sharpton; the pastor ofR i ve rside Church, Re ve rend JamesFo r b e s, Jr.; NYCLU exe c u t i ve dire c to rNorman Siegel; and attorney ColinM o o re at “The Aftermath of Diallo:The Case for Fe d e ral Intervention andC o m p re h e n s i ve Police Re form.” Thepanel was a call to action to end ra c i a lp rofiling by the police department andto propose policy and legislation fo rpolice re fo r m .

Earlier in the semester, former vice-p residential candidate Lenora Fu l a n is p o ke about “Ending Minority Po l i t i c sas a Key to Black Political Po we r.” Thee vent was televised by C-Span. JudgesL. Priscilla Hall, New York Sta t eS u p reme Court, and Charles Te j a d a ,New York State Court of Claims; EttaIbok ’93, attorney in employment law;Maria Celis ’99, associate, Ne v i l l e,Pe t e rson & Williams; Vivian LeeB rady, associate, Kramer Levin Na f ta l i s& Fra n kel; No u ko Ku m a d a - L a w re n c e,a s s o c i a t e, Pro s kauer Rose; and Pro f .Terry Smith, Fo rdham Law Schoolwe re panelists at “Race in the LegalP ro f e s s i o n . ”

BA L L SA sponsored a Black Histo r yMonth Art Exhibition, “A rcoiris: ALatin American Art Expo,” and ani n a u g u ral art show by the Asian Pa c i f i cAmerican Law Students Association,“Winds from the East: A Contempora r yVision.” Social evenings included a ’70 sS a t u rday Night Fe ver party, a re g g a eparty, a Caribbean Fe s t i val, a ChineseNew Year celebration, and the AnnualAlumni Reunion Dinner.

BALLSA Completes Active Ye a r

D r. Lenora Fulani (back row center), former US Independent

P a rty vice presidential candidate, is shown with students

( f rom left, back row) Marcus Ferguson ’01; Khalilah Ta y l o r

’01; Vivian Walton ’01; Ryan Sharpe ’00. (Front ro w )

Tamecca Greene ’02;

Marian Schand ’00,

BLSA pre s i d e n t ;

Tracey Cosby ’00

R e v. James Forbes, Jr.

Students and artists at the LALSA art exhibit

Paul Wong ’00,

A PALSA pre s i d e n t ,

welcoming students

to art opening

R e v. Al Sharpton

N o rman Siegal, Esq.

d e c rease in private pra c t i c eand an increase in businessand government jobs. Ofthose graduates re p o r t i n gemployment in private pra c-tice (55%), 51% are in firmsof 51 or more atto r n e y s.

S q u a d ron SymposiumE x p l o res Key Issues ofthe Intern e t

P ra c t i t i o n e rs and academicsa d d ressed issues of priva c y ,online anonymity, e-com-m e rc e, and communica-tions policy at the sympo-sium “Legal and SocialImplications of Tr u s t e dSystems and Hard wa reI d e n t i f i e rs.” Speake rsincluded Lorrie Cra n o r,I n formation Systems andServices Re s e a rch Labora-tory, AT&T Labs—Re s e a rc h ,and chair, “Computers,Freedom, and Privacy 2000”C o n f e rence; DonaldH a w t h o r n e, associate, Pa u lWe i s s, Rifkind, Wharton &Garrison and Card o zoadjunct professor; ScottKurnit, founder and CEO,About.com, Inc.; andJonathan We i n b e rg, Squad-ron Scholar-in-Re s i d e n c e,and professor of law, Wa y n eS tate Unive rsity School ofL a w. The symposium wa sc o s p o n s o red by the Howa rdM. Squadron Pro g ram inL a w, Media and Society; theC a rd o zo Arts & Enterta i n-ment Law Journal;P ro g ramme in Compara t i veMedia Law and Policy atO x fo rd Unive rsity; andYoung Lawyers Committeeof the Intellectual Pro p e r t yLaw Section, New Yo r kS tate Bar.

M o re than 300 guests attended “Application of the Noahide Code to Contemporary

Social Problems.” The big crowd reflected the re s u rgent interest in this ancient set of

basic legal and moral principles among the clerg y, academics, and, most notably, the

wider public. The symposium was sponsored by Card o z o ’s Leonard and Bea Diener Insti-

tute of Jewish Law and the Tree of Life Society. Panelists included (from left) Rabbi Alter

M e t z g e r, Rabbi Israel Chait, Rabbi Michael Katz, and Dr. Aaron Lichenstein. Rabbi Yo e l

S c h w a rtz, Nakum Rakover, and Cardozo Professor Rabbi J. David Bleich also part i c i p a t e d .

Joshua Gre e n b e rg ’00 (left), Andre w

Berkowitz ’00, and Joshua Fine ’00

(seated) were among the stars in the

Y2K Law Revue Show, “I’m Here to

Be a Millionaire,” which feature d

comedic perf o rmances by students,

f a c u l t y, and the dean.

Peggy Sweeney ’01

and Ryon Fleming ’01

shown here with Judge

Paula Pace, a NY- a re a

mediator and trainer,

w e re one of the two

winning teams at the

2000 ABA Advocacy

in Mediation

Competition, beating

Columbia, CUNY,

F o rdham, and NYU.

Morris B. Abram was an American original. About30 years ago I wo r ked with Morris at Pa u l ,We i s s, Goldberg, Rifkind, Wharton and Garrison.

He was a terrific mento r — n e ver ruffled, open to sugges-t i o n s, and always eager to talk aboutthe issues of the day: Vietnam andcivil rights, of cours e, dominated the“c l a s s room.” As a litigato r, Morrisn e ver ove r p re p a red. I vividly re m e m-ber briefing him on a case as we we n tby taxi to the Appellate Division, Firs tDepartment, for oral argument. Atf i rst, I thought, he was testing me (didI know the case?); but I soon re a l i zed Iwas testing him by preparing his ora la rgument points. Such moments we reanxiety producing, but, nonetheless,knowing Morris was a memora b l eexperience for a young lawyer.

When I became dean at Card o zo ,Morris was emeritus on the Board ofD i re c to rs and living abroad, so I didnot get to see him. When he died onM a rch 16, 2000, I was distressed thatwe had not reconnected after so many years.

Morris was the first chair of the Card o zo Board ofD i re c to rs, selected by President Samuel Belkin when thelaw school was still a gleam in Ye s h i va ’s eye. I am sureMorris was instrumental in securing Monrad Paulsen asour founding dean. They had been law school ro o m m a t e sat the Unive rsity of Chicago in the early ’40s, and the two

of them we re great buddies. I can only imagine the cajol-ing that went on between them to get Monrad here fro mthe Unive rsity of Virg i n i a .

Morris had a re m a r kable academic re c o rd. He was thef i rst Rhodes Scholar from the Unive r-sity of Georgia, class of 1938, and we n tto Oxfo rd in 1947, just after the wa rended. Despite his then-contro ve rs i a lcivil rights activities, he was a re ve re dalumnus of Georgia even as he laterbecame a citizen of the wo r l d .

The many highlights of his care e rinclude serving as a pro s e c u tor in theN u re m b e rg trial, as UN Ambassadorfor Human Rights, and as the firs tg e n e ral counsel of the Peace Corps.What a rich and varied career theseposts evo ke. He serves as the ve r ymodel of a committed and pro d u c t i vel a w y e r, the kind we aspire to pro d u c eat Card o zo .

Let me close by quoting from thec i tation that accompanied the hon-o rary doctor of laws degree given to

him at Ye s h i va Unive rs i t y ’s commencement on April 11 ,1976, the year Card o zo opened its doors :

“As a distinguished attorney and lifelong champion ofcauses for the underprivileged, your dedication andintegrity have greatly enhanced the dignity of the pra c t i c eof law. ”

Amen. —Paul R. Verkuil, D e a n

Morris B. Abram: In Memoriam

( F rom left) Card o z o ’s first dean, Monrad Paulsen, Dr. Norman Lamm, John Trubin, Herbert Te n z e r, Morris Abram, and Charles Bassine

AUGUST 28

Fall Semester Begins

OCTOBER 11

All Class Reunion

O C T O B E R 1 6

Law & Humanism LectureJacques Derrida

S U M M E R 2 0 0 0

A P U B L I C AT I O N O F

B E N J A M I N N . C A R D O Z O

S C H O O L O F L A W

J A C O B B U R N S I N S T I T U T E F O R

A D VA N C E D L E G A L S T U D I E S

Y E S H I V A U N I V E R S I T Y L I F EC a rdozo

1

INFORMS Roundtable Winter Meeting Preliminary Agenda THEME: “OR in the Service Industry”

February 22-23, 2004 Coronado Springs Resort/ Yacht Club

Walt Disney World Orlando, Florida

Sunday, February 22

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

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

5:00 PM Reception 6:30 PM Dinner 7:45 PM Roundtable Meeting Kickoff 8:00 PM Importance of IE & OR at Walt Disney World

Kathy Kilmer, Director of IE, Walt Disney World

The Industrial Engineering Department at Walt Disney World (WDW) has evolved from a group of 4 engineers supporting the Facilities Division in 1971, to over 40 engineers supporting the entire WDW property. In this presentation, Kathy Kilmer will provide an overview of the Industrial Engineering Department at WDW. She will discuss the history, organizational structure, and competencies that make IE the competitive advantage of WDW. Kathy will also provide perspective on the value IE and OR generate on an ongoing basis at WDW.

Kathy Kilmer is the Director of Industrial Engineering for Walt Disney World in Orlando. In this role, Kathy leads a team of 50 Industrial Engineers supporting every aspect of the property from the Magic Kingdom to Resorts, the Transportation line of business, Disney Cruise Line, etc. She is also responsible for ensuring that consistent methodologies and analysis are utilized at all Walt Disney Theme Parks and Resorts, inclusive of Disneyland Resort in California, Hong Kong Disneyland, Tokyo Disney Resort, and Disneyland Resort in Paris. Kathy is also on the advisory board for

2

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

Monday, February 23

8:00 AM Continental Breakfast 8:30 AM Roundtable Introductions 9:00 AM Transportation Modeling at Walt Disney World

Ron Dupuis, Staff Industrial Engineer, Walt Disney World

With a fleet of over 250 busses supporting the transportation needs of Walt Disney World (WDW) Guests, efficient routing of busses has become a highly complex problem at WDW. OR techniques are currently being utilized to solve the problem of efficiently deploying WDW busses, while providing the outstanding levels of Guest service Disney is famous for. In this presentation, Ron Dupuis will provide an overview of modeling efforts aimed at optimizing bus transportation at WDW.

Ron Dupuis is a Staff Industrial Engineer for Walt Disney World in Orlando. In his current role, Ron supports Transportation Operations. He is responsible for the design and development of labor, fleet allocation, routing and scheduling models. He has a BMATH & MMATH (Combinatorics & Optimization) from the University of Waterloo, and a Ph.D. in Industrial Engineering (Operations Research) from SUNY at Buffalo.

10:00 AM Break 10:15 AM Mission Space Simulation Modeling

Dan Soto, Manager of IE, Walt Disney World

Mission Space is Disney’s newest “E-Ticket” attraction at Walt Disney World (WDW). Throughout its 4+ years in development, Walt Disney Imagineering partnered with Industrial Engineering and Operations to design an attraction that was both spectacular and efficient. In this presentation, Dan Soto will highlight how simulation modeling was utilized to ensure this attraction reaches maximum throughput and delivers on the needs of one of Disney’s most complex Guest flow attractions.

Dan Soto is a Manager of Industrial Engineering for Walt Disney World in Orlando. In his current role, Dan leads a team of Industrial Engineers supporting the Disney Reservation Center, and a strategic Walt Disney World initiative called Destination Disney. Dan is also responsible for coordinating Industrial Engineering's involvement with external societies and educational institutions. He has a BSIE from the University of Florida, and is currently nearing completion on his MBA from the University of Central Florida.

3

11:15 AM Revenue Management Applications at Walt Disney World

Phil Hoang, Manager of Decision Science, Walt Disney World

Revenue Management is fast becoming an integral discipline in many Walt Disney World lines of business. In this presentation Phi Hoang will walk you through the evolution of the revenue management discipline at Walt Disney World, and the approaches and techniques used to extend revenue management into other Disney lines of business.

Phi Hoang is the Manager of Decision Science for Walt Disney World Revenue Management in Orlando. In his position, Phi leads a team of Operations Research and Decision Support Analysts, responsible for developing and validating forecast/optimization models and identifying revenue management applications to multiple Disney lines of business. Phil has an MBA from the University of Houston and prior to joining Disney worked for Ernst & Young.

12:15 NOON Lunch 1:30 PM The Birth of FASTPASS

Brian Betts, Manager of IE, Walt Disney World

Disney’s FASTPASS® is a free service offered to Walt Disney World (WDW) Guests at over 20 attractions in all 4 theme parks. It is a virtual queuing system that provides a reduced wait time by having Guests return to an attraction during a prescribed window of time. In this presentation, Brian Betts will provide insight on how the idea was born, its evolution, and how Industrial Engineers have provided analytical support to bring this concept to life.

Brian Betts is a Manager of Industrial Engineering for Walt Disney World in Orlando. In his current role, Brian leads a team of Industrial Engineers that support property-wide Operations and global Project Development. Specifically, his team supports Resort Operations and the Attraction Line of Business, which includes Disney's FASTPASS. Brian has worked with Walt Disney World for the past seven years, and has a BSIE from North Carolina State University.

2:45 PM Break 3:00 PM Why OR Systems Fail

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

4

Jack Levis, Project Portfolio Manager, is responsible for providing operational technology solutions. The projects that Jack’s group manages have reengineered current systems in an effort to streamline processes and maximize productivity. Under Jack’s direction, UPS has completed integration of multiple operations systems, requiring extensive system engineering and usability provisions. These systems ultimately synchronize the flow of data throughout UPS, allowing the seamless movement of goods, funds and information. Jack’s current role is a natural progression from his prior positions. Since joining UPS in 1976 as a package sorter, Jack has worked as a manager in multiple operations, an engineering section manager, and region transportation planner. In his position as region planning manager, Jack was responsible for the redesign of the Pacific Region transportation plan, resulting in UPS saving of over $30 million per year. Having earned his Bachelor of Arts in psychology, from California State University Northridge, Jack also holds a Master’s Certificate in Project Management from George Washington University. In his spare time, Jack enjoys baseball, playing softball, skiing, home electronics and Corvettes. He currently lives in York, Pa. with his wife and four children.

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

This article is re p r i n t e dwith permission from the

May 29, 2000 issue of The Na t i o n , w h e re ita p p e a red in a slightly

longer ve rs i o n .

h t t p : / / w w w. t h e n a t i o n . c o m

Ma r b l e s ?Did El g i nCh e at at

David RudenstineD r. Herman George & Kate Kaiser Pro f e s s o rof Constitutional Law

When I answe red my hotel tele-p h o n e, the desk clerk said that myt ra n s l a to rs we re waiting for me. Iwent downsta i rs quickly. After wehad introduced ours e l ve s, I ex p a n d-ed on what I had previously writtenthem—that I wanted to find what-

e ver I could about Lord Elgin’s taking of theParthenon marbles during the first decade of the 19thcentury. Within minutes we set off for the arc h i ves ofthe Ottoman Empire, walking through Ista n b u l ’s nar-ro w, winding stre e t s, across the historic Hippodro m eand past the bre a t h taking Blue Mosque, the monu-m e n tal Hagia Sophia, ta n talizing re s ta u rants andi n n u m e rable eye-catching rug sto re s. Within 30 min-utes we arrived at the arc h i val center, a low-lying,d ra b, post-World War II re c tangular building.

I had made careful arrangements through anAmerican lawyer with the dire c tor of the arc h i ves sothat I, as a fo re i g n e r, would be given immediateaccess to the arc h i ves and not have to wait the cus-tomary two days while my application was pro c e s s e d .

But as luck would have it, the dire c tor was unex p e c t e d l yin Anka ra for a few days of meetings and his assista n t sknew nothing of my coming. Yet after an hour of con-ve rsation, telephone calls and a review of letters, I andmy Turkish Ottoman tra n s l a to rs we re permitted accessto the main reading room. We settled into some fre ed e s k s, located the indexes to the arc h i ves and com-menced working. This effort continued on and off till theend of June 1998. Subsequently I visited the Public

Re c o rd Office in London, and Iconsulted with archivists atParliament as I searched fo radditional documents bearingon Lord Elgin’s taking of thewo r l d ’s greatest collection ofclassical Greek sculptures andthe celebrated dispute be-t ween Greece and Britain ove rwhether the British Museumshould return the marbles toAt h e n s. Acrimonious as thedebate has been, when ones c r u t i n i zes its historical pre m-ises for what gave rise to them,what is to be found is, to saythe least, surprising.

The fabulous marbles,sculpted during the age ofPericles under the guidinghand of Phidias out of finewhite Pentelic marble quar-ried 10 miles from Athens andhauled by oxcart to the Ac ro-p o l i s, remained on the highwalls of the Parthenon until

the first decade of the 19th century. At that time, a peri-od of seve re international disorder because of theNapoleonic Wa rs, the marbles we re re m o ved andshipped to London at the behest of Thomas Bruce, sev-enth Earl of Elgin and eleventh of Kincardine and theAmbassador Extra o rdinary and Minister Plenipotentiaryof His Britannic Majesty to the Sublime Porte of SelimIII, Sultan of Tu r key in Consta n t i n o p l e.

Since then, Elgin’s contro ve rsial taking has fre q u e n t-ly been both criticized and defended by poets, artists,c u l t u ral leaders, politicians, diplomats, lawyers, and aca-d e m i c s. Only recently, these marbles have again cap-t u red international attention. A year ago, the Euro p e a nParliament urged Britain to return the collection, and atthe end of 1999, President Clinton offered to mediateG re e c e ’s demand that Britain return the marbles. A con-

f e rence last year at the British Museum, which fo c u s e don the improper and subsequently concealed cleaning—really scraping—of the marbles in the 1930s, became aforum for swapping charges and counterc h a rges amongthose supporting retention or return, with the Greek re p-re s e n ta t i ves eventually walking off in anger.

The battleground over the marbles sweeps bro a d l ya c ross legal, moral, ethical, and historical considera t i o n s.Those defending the taking and the retention of the mar-bles make seve ral tenuous claims: Lord Elgin had impec-cable legal title to the marbles because the Otto m a n s,who ruled Greece at the time, gave him permission tota ke them; Britain deserves the marbles because Elgin’staking of them pre s e r ved them from looters, collecto rsand air pollution; the marbles are now part of its patri-mony; they are more accessible in London than theywould be if they we re in Athens; Greece is not pre p a re dto ta ke adequate care of the marbles; and returning themwould set a bad precedent, resulting in the emptying ofexhibition halls of the wo r l d ’s great museums.

The claims of those fa voring return have been com-p a rably strenuous: The Ottomans lacked moral authori-ty to alienate public monuments; the re m o val of themarbles caused irre p a rable damage to the structure ofthe Parthenon; the return of the marbles to Athens willfa c i l i tate scholarly study; Greece is pre p a red to pro t e c tand pre s e r ve the marbles; and the great museums of thei n d u s t r i a l i zed West cannot turn a deaf ear to all claimsfor the important remains of a heritage merely becausesuch claims threaten established collections.

As complicated and wide-ranging as this debate mayb e, both sides have ta ken as a starting point the assump-tion that the Ottomans gave Elgin permission to re m o vethe marbles. After so many years of debate and animos-ity, it may be hard to imagine that there is anything newunder the sun to say about this highly significant issue.But there is, and what is new is no small matter. Indeed,as things turn out (and as somewhat surmised byC h r i s topher Hitchens in his book The Elgin Marbles) theassumption shared by advocates on both sides of thedebate—that the Ottomans gave Lord Elgin permissionto re m o ve the marbles—is no more than a grand illusion.

The story pre f e r red by the defenders of how LordElgin obtained the Parthenon marbles goes somethingl i ke this: Lord Elgin was dedicated to improving aesthet-ic tastes in England and to saving the Parthenon marblesf rom destruction wrought by tra ve l e rs who wanted themas trophies for their manors and Ottoman troops whoused them for ta rget practice and morta r. Taking adva n-tage of Ottoman solicitude to wa rd Britain in the wa ke ofthe 1801 British defeat of the French fo rces in Egypt,

D I D E L G I N C H E A T A T M A R B L E S ?

…the gre at museums

of the industri a l i ze d

West cannot turn

a deaf ear to all claims

for the impo rt a nt

remains of a heri t a g e

m e rely be cause such

claims thre aten

established co l l e ct i o n s.

then part of the Ottoman Empire, Lord Elgin asked thehighest officials in Constantinople for permission tore m o ve the marble statuary from the Pa r t h e n o n .Because the Ottomans we re eager to have Britain re t u r nc o n t rol of Egypt to them, the Otto m a n s, who had fo rdecades denied the French, their ally, these ex q u i s i t es c u l p t u re s, quickly consented to the British ambas-s a d o r ’s request. If Elgin exceeded the authority give nhim by taking marbles from the Parthenon wa l l s — t h em e to p e s, the friezes and the fre e - s tanding sta t u a r y — a sopposed to marble statuary on the ground or unearthedt h rough exc a vation, Ottoman authorities subsequentlya p p ro ved of and condoned Elgin’s stripping of the mar-b l e s. Although it has been unchallenged for the betterpart of two centuries, there is little truth to this sto r y … .

The British claim that the Ottomans gave Lord Elginprior permission to denude the Parthenon relies on anEnglish document printed in the appendix of an 181 6report of a parliamentary committee convened to eva l u-ate Elgin’s request that the British government purc h a s e

the Parthenon marbles from him. (Parliament went onto vo t e, 82 to 30, to buy them and give them over to theBritish Museum.) The Parliament report presents thisdocument as an accurate English translation of a July1 8 01 Ottoman document that, according to Elgin, autho-r i zed the re m o val of the marbles. Elgin told the commit-tee that the original Ottoman document was given toO t toman officials in Athens in 1801. Yet no re s e a rc h e rhas ever located this Ottoman document, and when Iwas in Istanbul I searched in vain for it or any copy of it,as well as for any re f e rence to it in other sorts of docu-ments or a description of its substa n t i ve terms in any re-lated official papers. Although a document of some sortmay have existed, it seems to have vanished into thin air,despite the fact that the Ottoman arc h i ves contain anenormous number of other documents from the period.

D I D E L G I N C H E A T A T M A R B L E S ?

After having been stored in an underg round tunnel for safety

during the Second World Wa r, the Elgin Marbles were re i n s t a l l e d

in The British Museum galleries.

Putting aside for the moment the all-important ques-tion of just what activities this English document mighth a ve authorized Lord Elgin to carry out, there are seri-ous questions about the authenticity and reliability ofthis historically prominent piece of paper. The parlia-m e n tary re c o rd re veals that it was not Elgin himself buta young clergyman who wo r ked for him, the Re v. PhilipHunt, who claimed that he had a copy of the 1801O t toman document. Hunt, who appeared as the com-m i t t e e ’s very last witness, told the committee that hehad an Italian translation of the Ottoman original inB e d fo rd, about 60miles north of Lon-don. He ex p l a i n e dthat he did not havethe document withhim because, whenhe left Bedfo rd, hedid not know hewas going to be aw i t n e s s. The re c o rdalso indicates thatthe English docu-ment printed in thereport was fo r wa rd-ed to the parliamen-tary committee byHunt, and that thecommittee neve rsaw the Ita l i a nt ranslation that Hunt claimed to possess. Thus,Parliament never assured itself that the English docu-ment sent by Hunt was a faithful translation of theI talian document. A contemporary British histo r i a n ,William St. Clair, who recently published a third editionof his biography of Lord Elgin, claims to possess Hunt’sI talian document and vouches for the accuracy of theEnglish tra n s l a t i o n .

No n e t h e l e s s, the fa i l u re of Parliament, which wa srunning a worldwide empire at the time, to secureH u n t ’s Italian document, to obtain a verified copy of theO t toman document in At h e n s, or to secure a sta t e m e n tf rom Ottoman authorities in Istanbul that Lord Elgin hadbeen officially allowed to re m o ve the marbles certa i n l ysuggests that it was not all that eager to get to the botto mof this crucial question. In short, by failing to inve s t i g a t ewith due diligence, Parliament protected itself fro mgaining more confidence about what actually happenedand from obtaining documents that might support (ord i s p ro ve) its findings of fa c t .

In addition to its startling fa i l u re to secure the best

evidence it could pertaining to the strength of LordE l g i n ’s legal claim to the marbles, Parliament actuallymisled the public about the evidence it had concerningthe authenticity of the document. The English docu-ment printed on page 69 of the committee’s report has atits end the following wo rds: “(Signed with a signet.)seged abdullah ka i m a c a n . ”

The plain suggestion inherent in the placement ofthis line at the end of the text in the report is clear: thatthe document examined by the committee had a signetand was signed by the Acting Grand Vizier at the time,

thus giving it legalfo rce and legitima-cy. But the docu-ment examined bythe committee—onepurportedly tra n s-lated from an Ita l i a ndocument that wa ssupposedly tra n s l a t-ed from an Otto m a noriginal—did noth a ve a signet or sig-n a t u re on it at all.M o re o ve r, St. Clairhas told me that theI talian document hepossesses has nosignet either, nor isit even signed.

As much as these considerations undermine the legit-imacy of this highly touted document, it has anotherf l a w, this one deadly. The English-language documentHunt submitted to Parliament was not a completelyfaithful English translation of the Italian document Huntsaid he possessed. The first sentence of the second para-g raph of the text provided to Parliament by Hunt andprinted in the committee’s report begins with the fo l-lowing wo rds: “We there fo re have written this Letter toyou, and expedited it by Mr. Philip Hunt, an EnglishGentleman, Secre tary of the afo resaid Ambassador, ino rder….” But St. Clair has written that the Italian docu-ment he has actually indicates: “We there fo re have writ-ten this letter to you and expedited it by N.N., in ord e r … . ”

St. Clair does not perc e i ve any significance in this dis-c repancy. Perhaps he is correct. But that seems unlike l y .The difference is so peculiar that it was certainly nota c c i d e n tal. No one would mista kenly substitute “Mr.Philip Hunt, an English Gentleman, Secre tary of thea fo resaid Ambassador,” for the letters “N.N.” More o ve r,the context in which Hunt created the discrepancy sug-

D I D E L G I N C H E A T A T M A R B L E S ?

The Elgin Marbles are on display at The British Museum

gests his reasons for doing so: By the time Hunta p p e a red befo re the committee, it had questioned Elginat some length about whether he had authority tore m o ve the marbles from the walls of the Pa r t h e n o n .While Elgin consistently insisted he did have suchauthority, he also admitted that he had no papers to sup-port his claim. Thus, when Hunt testified, he knew thatthe committee was seriously concerned about the lack ofd o c u m e n tation authorizing Elgin to ta ke the marbles,and it seems likely that Huntbecame a witness solely to pro-vide the documentation thecommittee sought. When Huntfo r wa rded the English docu-ment to the committee, itwould appear that he substitut-ed “Mr. Philip Hunt, an EnglishGentleman, Secre tary of thea fo resaid Ambassador” fo r“N.N.” in the hope that thea l t e r n a t i ve language wo u l ds h o re up the authenticity of his“evidence” and the circ u m-s tances as to how it was that healone came to possess the crit-ical document. In short,t h rough the insertion of hisn a m e, Hunt put himself in aposition in which he coulds i m u l taneously vouch for theauthenticity of the documentand explain why he alone hada copy of it 15 years after he surre n d e red the original toO t toman officials in At h e n s.

Although these considerations are sufficient chal-lenge to the English document as a reliable basis for anylegal claim by Britain, there is another fa c tor that castsan even darker shadow over the pro c e e d i n g s. During histestimony befo re the committee on February 29, Elginwas questioned about whether the Ottomans gave himpermission to re m o ve the marbles. Elgin stated that theO t tomans gave him written permissions more thano n c e, but that he had “re tained none of them.” At twoo t h e r, separate moments during the examination, Elgindenied having a copy of any document granting him per-mission. Hunt appeared befo re the committee on Marc h13. The committee’s second question to Hunt wa s, “Didyou ever see any of the written permissions which we reg ranted to [Lord Elgin] for removing the Marbles fro mthe Temple of Minerva?” Hunt answe red, “Ye s.” He thens tated that the original document had been sent to

Athens but that he had an Italian translation of the orig-inal. During his testimony, Hunt did not explain how itwas that he re tained the Italian document for 15 years.Nor did Hunt state how it was that Elgin had knownnothing about it when he had testified nearly two we e k sb e fo re h a n d .

It is of course possible that Hunt possessed an accu-rate Italian translation of an original Ottoman document.But look at the chronology: Elgin appears, denying eve r

having a copy—in any lan-guage—of a re l e vant docu-ment. It is plain from his testi-mony that he knows of nonepossessed by others; by thetime he completes his testimo-ny, howe ve r, he sees that thecommittee is eager to viewsome sort of written authoriza-tion for the re m o val of themarbles from the Pa r t h e n o nwa l l s. In a fortnight, Hunta p p e a rs and claims to have ana c c u rate translation of the orig-inal ord e r. Is this chain ofe vents enough to make any-one a tad suspicious? There isno suggestion in the testimonyas to how it came to pass thatHunt became a witness befo rethe committee.

L e t ’s assume the authentici-ty of the English document

printed in the committee’s report, for a moment, just tota ke another approach to the issue. Did this documenta u t h o r i ze Elgin to re m o ve marble statuary from theParthenon walls? The British claim that it did rests on ahandful of wo rd s. They provide that no one should “hin-der them [Elgin’s agents] from taking away any pieces ofs tone with inscriptions or figure s.” But by themselve sthese few wo rds fail to authorize re m o val of marble sta t-uary from the Parthenon edifice. More o ve r, when theya re read in the context of the entire document, the asser-tion that they permitted Lord Elgin to re m o ve meto p e s,f r i e ze s, and statues from the Parthenon walls is specious.The document describes the activities that Lord Elginwanted his wo r ke rs to conduct, and those we re limitedto measuring, drawing, painting, exc a vating, and makingm o l d s. There is not one wo rd in the document suggest-ing, intimating, or implying that Elgin sought permis-sion to re m o ve marbles from the wa l l s. In addition, thedocument itself emphasizes to the local Ottoman offi-

D I D E L G I N C H E A T A T M A R B L E S ?

cials in Athens that they should honor the permissiong i ven to Lord Elgin, “particularly as there is no harm inthe said figures and edifices being thus viewed, contem-plated, and designed.” In short, even by its own terms,the 1801 document fails to support the claim that Elginhad good title to the marbles; it actually negates the ideathat the Ottomans gave Elgin permission to re m o vet h e m .

E ven Lord Elgin did not interpret any July 1801exchange with the authorities as granting him permis-

sion to re m o ve marbles fro mthe Parthenon wa l l s. On July10, 1801, just a few days afterhe re c e i ved the Ottoman di-re c t i ve, Lord Elgin wrote toLusieri: “Besides, you havenow the permission to dig, andt h e re a great field is openedfor medals, and for the re-mains both of sculpture anda rc h i t e c t u re.” What Elgin con-s i d e red “ex t ra o rdinary” aboutthe permission he had secure dwas that his artists now hadpermission to “dig,” or to exc a-va t e, which meant that theymight discover buried marbles c u l p t u re s. If Elgin believe dthat his men had been given ag reen light to denude theParthenon of famous antiqui-

t i e s, he would have celebrated that powe r, not thep rospect of digging for buried unknowns.

Although this evidence alone is more than sufficientto ove rcome the claim that the 1801 document gaveElgin prior permission, there is yet more. In July 1801 ,Elgin sent the young minister Philip Hunt to At h e n s.When Hunt arrived, he promptly visited the Vo i vo d e, thelocal Ottoman official. Using threats and bribes, he per-suaded the Vo i vode to permit Elgin’s artists to enter theAc ropolis for the limited purposes of drawing, measur-ing, painting and molding. A few days later Hunt metthe Vo i vode again and, struck by the Vo i vo d e ’s fa vo ra b l eattitude to wa rd Britain now that Britain controlled Egyptand the degree to which the Vo i vode appeared intimi-dated by the power of the British ambassador (LordElgin), Hunt then requested permission to re m o ve amarble sculpture from the Parthenon wa l l s. The Vo i vo d ea g reed. In the early morning of July 31, a ship’s carpen-t e r, five crew members and twenty Athenian labore rsmounted the walls of the Parthenon and re m o ved the

f i rst meto p e. The next day they lowe red a second.During the weeks following, Lusieri and his men low-e red many other marble sculpture s.

L o rd Elgin was in Constantinople at the time and hadno idea that Hunt had secured permission from theVo i vode in Athens to re m o ve marbles from the Pa r-thenon walls; nor did he know that metopes we re low-e red from the Parthenon in his name on July 31 orAugust 1. In fact, Lord Elgin did not learn of this deve l-opment until mid-August, when letters from Hunt andLusieri arrived in Consta n t i n o p l e. Elgin’s glee in re-sponse to the news is captured in a letter he wrote toLusieri dated October 8, 1801. He told Lusieri of his “infi-nite pleasure” when he learned of the marbles and con-fessed to Lusieri that taking marbles from the walls “nowseems to promise success beyond our most ard e n th o p e s. ”

As is evident, Elgin did not request or re c e i ve per-mission to re m o ve the marbles, and seems to have hadno prior intention of denuding the Parthenon. The deedwas initiated by Hunt—who 15 years later would pro-duce for Parliament the document on which so muchhas since hinged—and made possible by intimidated andbribed Ottoman officials in At h e n s, who in any eve n tl a c ked authority to permit the desecration that en-sued…. [And] the British ambassador’s agent at the timeg a ve bribes to Ottoman officials to fa c i l i tate the shipmentof the marbles out of Gre e c e. Such bribes would seem topoison any claim of legitimacy that might otherwise beimputed to permission to ship.

Although possession is often nine-tenths of the law,this is one dispute in which more than possession mat-t e rs. Because the longstanding Greek claim for thereturn of the marbles has broad international support,the European Pa r l i a m e n t ’s being only the latest andmost prominent, Britain has never defended its posses-sion of the marbles by claiming that it is keeping themm e rely because it prizes them. Instead, Britain has con-sistently tried to strengthen its political position byasserting that it has no moral or legal obligation toG reece because the Ottomans gave Elgin permission tom a ke off with Phidias’ handiwo r k … .

Of cours e, the conventional wisdom is that Brita i nwill never return the marbles. But few imagined thatB r i tain would surrender India to an old man clothed in asheet, either. The odds, from my point of view, are thatB r i tain will eventually repatriate the marbles to Gre e c e,and when it does so, it will be acknowledging, whetherit wishes to or not, that what was acceptable during theage of empire must give way to the demands of an eve r -shrinking world that aspires to the rule of law. ■

D I D E L G I N C H E A T A T M A R B L E S ?

Although possession

is often nine-te nths

of the law, this is

one dispute in

which more than

possession mat te r s.

FA C U LT Yb r i e fs

Law School HostsBook Party forScheck and Neufeld

Students and faculty turnedout to fete Barry Scheck,Peter Neufeld, and Ne wYork Daily Ne ws c o l u m n i s tand two-time Pulitzer Prizewinner Jim Dwyer, on theoccasion of the publicationof the book they co-a u t h o red, Actual Innocence:F i ve Days to Execution andOther Dispatches from theWrongly Convicted. Thebook chronicles the harro w-ing stories of innocent menw rongfully convicted andtells of the heroic efforts tof ree them. Actual Innocence

and the work of theInnocence Project havere c e i ved an enormousamount of positive publicitythat is helping to educatethe general public aboutf l a ws in the criminal justicesystem and the use of DNAe v i d e n c e. This, and thec o n s i d e rable number ofo verturned convictions, areinfluencing political leadersand the public to re c o n s i d e rthe death penalty.

Herman At k i n s, whoseconviction for rape wa srecently overturned after12 years in prison thro u g hthe efforts of the InnocenceP roject, was at the re c e p-tion also. He ex p ressed hisg ratitude to the Law School

and its hard - working stu-d e n t s. He spoke info r m a l l ywith students in theInnocence Project clinic afew days later, and share dexperiences about life injail and what it feels like tobe free again.

Rudenstine NamedFellow at Princeton

David Rudenstine has beennamed an inaugural fellowin Princeton Unive rs i t y ’sP ro g ram in Law and PublicA f fa i rs. He will spend 2000-2 0 01 at Princeton writingTrophies for the Empire: The Tale of the Pa r t h e n o nM a r b l e s, which is a histo r yof the dispute betwe e nG reece and Britain ove rL o rd Elgin’s taking of theParthenon marbles in the

19th century. He will alsoteach a freshman seminarcalled “Who Owns thePast?” The fellowship pro-g ram, a joint ve n t u re of theWo o d row Wilson School,the Unive rsity Center fo rHuman Va l u e s, and the politics department, wa sfounded to promote thei n t e rdisciplinary study oflaw and enrich the intellec-tual life of Princeton students and faculty. Theselection committee chooses fellows on the basisof the quality of theira c h i e vements and theirability to benefit from theactivities of the pro g ra m ,the significance of their

B a rry Scheck signs book for Suzanne Stone. Herman Atkins looks on.

David Rudenstine with

Ashton Hawkins, executive vice

p resident, Metro p o l i t a n

Museum of Art

p roposed contribution tothe purposes of the pro-g ram, and the contributionthey are likely to make inthe future to legal scholar-ship and pra c t i c e.

In recent months,P rofessor Rudenstine hass p o ken and written widelyon the topic of his re c e n tre s e a rch. He participated atthe Center of Euro p e a nStudies and Humanitiesc o n f e rence on “Re p a t r i a t i o nof the Parthenon Sculp-t u res: Historical, Cultura land Legal Aspects” held inAthens under the auspicesof UNESCO and the Hel-lenic Ministry of Culture.He was a presenter at theC a rd o zo conference he

helped org a n i ze, “Re p o r t sf rom the Front Lines of theArt and Cultural Pro p e r t yWa rs.” And he wrote anarticle published in T h eNa t i o n and reprinted in thisissue of C a rd o zo Life ( s e epage 25). In addition, heo rg a n i zed and modera t e dwith Ashton Hawkins, exe c-u t i ve vice president andcounsel to the trustees, TheM e t ro p o l i tan Museum ofArt, a ro u n d table discussionat Card o zo entitled “Who isEntitled to ‘Own’ the Pa s t ?Collecting in the 21 s tCentury.” A distinguishedg roup of panelists and invit-ed guests participated inthis closed-door session,discussing the ethical and

legal issues thatmuseum dire c to rs,t r u s t e e s, collec-to rs, and dealersface in re g a rd toacquiring art anda r t i facts fro mcountries otherthan their own.

During 2000– 2 0 01 ,M o n roe E. Pricewill be a memberof the School ofSocial Science, Institute for Ad vanced Study inP r i n c e ton. He will be oneof a group of scholars fo c u s-ing on the implications ofnew information techno-

logy. This spring in Geneva ,he presented a study heedited on “Info r m a t i o nI n t e r vention in Po s t -Conflict Societies: Rwa n d a ,Bosnia, Ko s o vo, andCambodia.” The study wa scommissioned by UNESCOin connection with Wo r l dP ress Day. Professor Pricehas re c e i ved a Fo rdFoundation grant to com-plete a book on the subject.He has also pre p a red astudy of codes of conducton the Internet for theBertelsmann Fo u n d a t i o n ,including a proposed modelc o d e. Earlier in the year, hewas elected chair of theAssociation of AmericanLaw Schools Section onMass Communication Law.

Paul Ve r ku i l re c e i ved ana wa rd from the College of William and Mary for founding the ThomasJ e f f e rson Public Po l i c yP ro g ram at the College. The citation re f e rs to DeanVerkuil, who was pre s i d e n tof William and Mary fro m1985 to 1993, as “president, a d vo c a t e, visionary, ands u p p o r t e r. ”

A p p o i n t m e n t s

M a rci Hamilton was named in January to the Thomas H. Lee Chair in Public Law. Thenew Chair was established in honor of Mr. Lee, a Cardozo board member and founderand president of Thomas H. Lee and Company, who said, “Professor Hamilton has mademajor contributions to the fields of intellectual pro p e rty and constitutional law. She honors the Cardozo community with herdedication and scholarship.”

P rofessor Hamilton has taught atC a rdozo since 1990 and is the director ofthe Intellectual Pro p e rty Law Program. Shef requently litigates in appellate courts oncutting-edge constitutional and copyrightlaw issues and often testifies beforeC o n g ress and state legislatures. Thre eyears ago she successfully argued the C i t yof Boern e case before the US Supre m eC o u rt. This winter, Professor Hamilton re p-resented arts organizations in the casebetween the Brooklyn Museum of Art andthe City of New York. She publishes and l e c t u res extensively and is often quoted in the media for her expert opinion. Last year,she was a visiting scholar at Princeton Theological Seminary and Distinguished Vi s i t i n gP rofessor of Law at Emory University School of Law. She delivered a lecture to theC a rdozo community, “The Reformed Constitution,” on the occasion of her appointmentto the Chair. At that event, Dean Verkuil noted, “Marci Hamilton is that most re m a r k-able of law professors: omnicompetent and dazzlingly energ e t i c . ”

M a rci Hamilton and Thomas Lee

PROFE SSIO NAL HONORS

D E N

Ellen Ya ro s h e fs k y won the2000 awa rd for outsta n d i n gcontribution in the field ofcriminal law educationf rom the Criminal JusticeSection of the New Yo r kS tate Bar Association. Shewas re c o g n i zed for her out-s tanding efforts to pro m o t ethe unders tanding of crimi-nal law through scholar-ship, teaching, and thei m p l e m e n tation of lawschool pro g ra m s.

S PEECHES PAP ERS PA N E L S

At a continuing legal educa-tion panel sponsored by theLesbian and Gay Law Asso-ciation of Greater New Yo r kand the New York CountyL a w y e r ’s Association, Paris Baldacci s p o ke on“Housing Succession Rights:

Issues for the ElderlyLesbian and Gay Client.” At a panel sponsored byLegal Services of New Yo r k ,he spoke on “Litigating aFunctional Family Succes-sion Rights Case: Eviden-tiary Issues.” For that tra i n-ing, his practice manualwas published in pamphlet

form. He addressed 60 ten-ant advocates on “Landlord -Tenant Litigation: No n -Primary Residency andSuccession Rights” at a seminar sponsored by thecity-wide task fo rce onHousing Court.

Rabbi J. David Bleichs p o ke at the Bar Ilan U n i ve rsity Jewish LawC o n f e rence this spring. Histopic was “No n - J e ws asA r b i t ra to rs. ”

L a u ra Cunningham p re-sented a paper on fa m i l ylimited partnerships befo ree s tate planning pra c t i t i o n-e rs at the New Yo r kU n i ve rs i t y / Tax AnalystsSeminar for Gove r n m e n t .

Peter Goodrich d e l i ve re dthe plenary lecture, “AdHominem,” at a sympo-sium on adjudication atMiami Unive rsity School ofLaw and another, “A m a to r yJ u r i s p r u d e n c e,” at a sympo-sium on jurisdiction atWexner Center for the Arts,Ohio State Unive rsity. At asymposium on law, litera-t u re, and culture at CityU n i ve rsity, he spoke on“The Justice of Litera t u re. ”

In addition, his “Law-Induced Anxiety: Legists,A n t i - L a w y e rs and the Bore-dom of Legality” was pub-lished in Social and LegalS t u d i e s ; and “The Critic’sL o ve of the Law: IntimateO b s e r vation on an InsularJurisdiction” was publishedin Law and Critique. “ C o u r t-ing Death” was published in Courting Death: The Lawof Morta l i t y , edited byDesmond Manderson andpublished in 1999 by PlutoP ress of London. “Salemund Byznce: Eine Ku r zeGeschichte der BeidenRechte” was published inWissenbilder: Strategien derU b e r l i e f e r u n g , published in1999 by Akademie Ve r l a g .

Malvina Halbers ta m p a r-ticipated in a conference of the American branch ofthe International Associa-tion of Jewish Lawyers andJ u r i s t s, moderating a panelon “Judging and Judaism:The Influence of a Judge’sJewish Background andValues on the Ad j u d i c a t i veP ro c e s s. ”

M a rci Hamilto n s p o ke on“ Religion and Local Gove r n-ment” at the annual meet-

E d w a rd Stein Appointed to Faculty

E d w a rd Stein, who holds a Ph.D. in philosophy fro mM I T, a J.D. from Yale, and a B.A. with highest honorsf rom Williams College, has been named associatep rofessor of law. Professor Stein brings to theC a rdozo faculty an expertise in the areas of familyl a w, bioethics, and gender and sexual orientation. Hehas written extensively on these topics as well as phi-losophy and cognitive science. “Ed Stein is very muchin the Cardozo tradition. He brings an interd i s c i p l i-n a ry approach and intellectual ambition to legalstudy and adds real strength to our program in familyl a w. An article that he is writing on statutory inter-p retation has already received extremely enthusiasticreviews by our faculty and others. I know that he willhit the ground running,” said Dean Ve r k u i l .

P rofessor Stein received his J.D. degree just thisyear; before attending law school he taught philoso-phy visiting at Yale University, Mount Holyoke Col-lege, New York University, and Williams College. In1999, he was a summer associate at Davis, Polk, andWa rdwell. This year he will teach Family Law, Evi-dence, and Sexual Orientation, Gender, and the Law.

Ya ro s h e f s k y C u n n i n g h a m G o o d r i c h

ing of the National Leagueof Cities; on “Free? Exe r-c i s e, Religion, and thePublic Square” at Williamand Mary Law School; andon “The Constructive Ro l eof Religion Vis-à-Vis theS tate” at a confere n c e,“Constitutional Rights inSouth Africa,” held in CapeTown. She was co-chair ofand participated in a ro u n d-table at the US Patent andTrademark Office on “Intel-lectual Property Law andthe Eleventh Amendment.”

Her topic was “Copyrightand the Constitution” fo rthe New York City BarCommittee on Litera r yP roperty and Copyright.

Melanie Leslie’s a r t i c l e“ E n fo rcing Family Pro m i s-es: Re l i a n c e, Re c i p ro c i t y ,and Relational Contra c t s ”was published in theJanuary 1999 issue of theNorth Carolina Law Re v i e w.

Lela Love, who sits on theNYS Unified Court System

A l t e r n a t i ve Dispute Re s o l u-tion Advisory Committee, isco-chair of the subcommit-tee on qualifications andt raining for neutra l s. Shewas co-chair of the ABAsection of the DisputeResolution Confere n c eLegal Educato r ’s Collo-quium and spoke on “Effec-t i ve Teaching Strategies fo r‘ Traditional’ Dispute Re s o l u-tion Classes.” She participat-ed in seve ral panels at theAssociation of AmericanLaw Schools’ Annual

Meeting, including ones onp re ve n t i ve lawyering, alter-n a t i ve dispute re s o l u t i o nand estate planning, andmediation and probate dis-p u t e s. Her recent publica-tions are “Images ofJustice” in the inaugura lissue of Pe p p e rdine DisputeResolution Law Journal;“ Training Mediato rs toListen: DeconstructingDialogue and ConstructingU n d e rs tanding, Agendas,and Agreements” in theJanuary 2000 Family and

Michael Herz was appointed associate dean for academica f fa i rs in 1996 when Frank Macchiarola was still atC a rd o zo ’s helm. He stayed on as second in command toDavid Ru d e n s t i n e, who served as dean ad interim, and wa sp romoted to the newly created post of senior associatedean shortly after Paul Verkuil became dean in 1997.H e r z ’s ability to stay the course and ensure continuityt h rough three deans, while managing both the academicand administra t i ve sides of the Law School, all with goodh u m o r, has been the legacy of his tenure. Now after fo u ry e a rs of juggling administra t i ve dutiesand teaching first-year and upper-leve lc o u rs e s, he will ta ke a leave, duringwhich he will visit at NYU School of Law.

David Rudenstine was himself dean ofacademic affa i rs when he re c o m m e n d e dHerz for the position. “When I wa sappointed interim dean, it was a ve r yrough time for both Michael and mebecause we we re both so new at our jobs.Michael was an ex t remely strong supportand very helpful. During the past thre ey e a rs, he has done a Herculean job. ”

Dean Verkuil praised Herz as the con-summate academic administra to r. “He isthoughtful, cre a t i ve, and has exc e l l e n tjudgment. All in all, Michael is the kindof person who re s p e c t s, pre s e r ve s, and

enhances Card o zo ’s re p u tation and, at the same time, getsthe job done. ”

Ac c o rding to Herz, the job holds many re wa rd s. “Therea re three things that I have especially enjoyed,” says Herz.“ F i rst, the Law School has become a much stronger institu-tion in the last four years and, although the deans deservethe lion’s share of the credit, it has been gratifying to bepart of the team. The second is that from the dean’s office,you see a whole new and fascinating side of the institu-t i o n — t h e re is much more to the Law School than the class-

room. And, finally, there ’s the va r i e t y .E very day there are at least 10 new andcompletely unrelated tasks that arriveon my desk. There ’s always a new chal-lenge in this job. ”

When asked why he was now going tospend a year as a visiting professor atNYU Law School, Dean Herz said, “I’m looking fo r wa rd to having moretime for teaching and writing. Beingassociate dean has cut into my scholar-ship enormously. I am also curious tosee how another school runs. And, wonderful though Card o zo is, havingbeen here for 12 years, I’m looking fo r-wa rd to a change of scene and re t u r n i n gafter a year re f reshed and ready for new challenges. ”

Herz: “The Consummate Academic Ad m i n i s t ra to r ”

DENNIS WILE

Conciliation Courts Re v i e w ;and “Should Mediato rsE valuate?: A DebateB e t ween Lela P. Love andJames B. Boskey” in theC a rd o zo Online Journal ofConflict Re s o l u t i o n.

Michel Ro s e n f e l d was thekeynote speaker at “Demo-c ratic Transition andConsolidation in Centra land Eastern Euro p e :1 9 89–1999” held at theU n i ve rsity of Fr i b o u rg inS w i t zerland in December1999. He presented “Ne wModels of ConstitutionMaking in Europe” at TheH e b rew Unive rs i t y ’sInstitute for Euro p e a nStudies and “Hate Speechin Constitutional Juris-prudence: A Compara t i veAnalysis” at the Interna-tional Conference in Com-m e m o ration of the 78th

Birthday of Yitzhak Ra b i nin Tel Av i v. At a confere n c eon municipal gove r n m e n tand religious education atthe Constitutional Court inRo m e, he pre s e n t e d“Constitutional Constra i n t son State Aid to Re l i g i o u sEducation.” He participatedin a working seminar onConstitutional Ad j u d i c a t i o nand Democracy from aC o m p a ra t i ve Pe rs p e c t i ve atNYU School of Law. In Mayand June, he returned toE u rope where he lecture dat the Unive rsity of Mont-p e l i e r, France; ESADE inB a rcelona, Spain; andC e n t ral European Unive r-sity in Budapest, Hungary.He spoke about his book,Just Interpre ta t i o n s, w h i c hhas been translated intoI talian, at the Unive rsity ofPalermo Law School andp resided over a ro u n d ta b l e

of the International Associ-ation of Constitutional Lawin Lisbon, Po r t u g a l .

S u zanne Last Sto n e p u b-lished a book review ofRational Rabbis: Science andTalmudic Culture in TheH e b rew Unive rs i t y ’s journalof philosophy, I y y u n. Shes p o ke about Jewish classi-cal attitudes to wa rds the

death penalty at a panel on“Law in the First Millen-nium” at the annual meet-ing of the Fe d e ral BarCouncil. She presented ap a p e r, “The Interaction ofReligious and Civil Law” atThe Hebrew Unive rsity andTel Aviv Unive rsity LawSchools’ joint conference on“ Religion, Secularism, andHuman Rights. ”

In the spring, R i c h a rdWe i s b e rg s p o ke on civil liti-gation and public discours eat DePaul Law School, on“The Two Best Law Films ofthe Last Half Century” atthe Popular Culture con-vention in New Orleans,and on The Merchant ofVe n i c e at the City Unive r-sity of New York, where heinvited acto rs to play a por-tion of the trial scene onthe basis of interpre ta t i o n sf rom a 1993 issue ofC a rd o zo Studies in Law andL i t e ra t u re. This summer hed e l i ve red a paper at theq u a d rennial gathering onthe Holocaust held atO x fo rd Unive rsity, wherehe expanded on a chapterf rom his book Vichy Lawand the Holocaust in Fra n c e.

Toni Fine Named Director of Graduate Pro g r a m s

Toni Fine, who has been associated with NYU School of Law for seven years, has beenappointed director of Graduate and International Programs at Cardozo. At NYU, whereshe was associate director of the Global Law School Program and acting director of theLL.M. Program in Comparative Jurisprudence, she developed curriculum and student for-eign exchange programs, organized international conferences, re c ruited and admittedLL.M. students, and coordinated visits by prominent international scholars.

At Cardozo, Ms. Fine will expand the LL.M. Program and hopes to “develop cohere n tp rograms of study and ensure that international law students are well integrated into thedomestic law school population.” She continues, “I'm looking forw a rd to working withthe Cardozo faculty and administration to help vitalize and institutionalize the LL.M.P rogram here and to enlarging the international community at Cardozo while developingi n t e rnational programs that benefit the entire law school population.”

This summer, Ms. Fine is teaching legal writing for Coudert Brothers’ offices in Almaty,Kazakhstan. She is the author of American Legal Systems: A Resource and Refere n c eG u i d e and many articles. She lectures frequently here and abroad on graduate legal edu-cation in the US and teaches legal re s e a rch and writing and other lawyering skills.

Ms. Fine is the chair, AALS Section on Graduate Programs for Foreign Students, and amember of the executive committee, AALS Section on International Legal Exchange. Sheholds a J.D. with honors from Duke University School of Law and a B.A. from SUNYBinghamton. She is a member of Phi Beta Kappa.

L e s l i e We i s b e rg

a w y e rs who are generally accust omed tobilling rather than soliciting their clients fo rcontributions might well wonder why theyneed a working knowledge of charitable giftand estate planning. Last year more than $180billion was gifted to charity, much of it bysophisticated client s with myriad legal needs.G i ven the size of to d a y ’s philanthropic marke t-

p l a c e, your clients are probably among these donors.And if your client is a heavy-volume client, he or she isalso probably a heavy-volume donor.

C h a r i table giving has become inextricably wo ven intothe lifesty le of your clients, and into their legal needs.That means you can help not just in your clients’ busi-ness planning, but in their family, personal, and philan-t h ropic live s.

Charitable Lead Trusts and Other Wealth PreservationTechniquesIf you are an estat e planner, you probably counsel yourclients on estate fre e zes and other wealth pre s e r va t i o nt e c h n i q u e s. You probab ly tell them about sophist icatedplanning techniques such as the gra n tor re tained life in-come trust, the qualified personal residence trust, and thefam ily limited partnership, which could enable them tot ransfer assets to ch ildren at significantly d iscount ed giftor estate tax amounts. Howe ve r, you should also counselyour clients on the benefits o f the charitable lead trust,which allows for similar estate fre e ze tra n s f e rs to child re nand a highly tax-efficient way to fund charitable pro j e c t s.

How? If your client contributes appreciat ing assets tothe fam ily charitable lead t rust having a term of, e.g., 20y e a rs, when the t rust term ends, the trust funds are d is-tributed to the child ren, or, perhaps, gra n d c h i l d ren ande very year a perc e n tage of the asset, e.g., 4 percent, isdistributed to charity. The 4 percent may com e fro mtrust capital or income. As with other typical esta t ef re e ze s, the asset is valued for gift tax purposes when thetrust is established . Howe ve r, the valuation of the tra n s-fer to the children is significantly discounted by the pre-sent value of the annual distributions to the charity.E ven more impre s s i ve, all o f the asset appreciation fo l -lowing the trust term is ultimately distributed to the chil-d ren completely free of gift or estate ta x .

For an individual who is already considering a signif-icant gift to charity, this can provide even greater bene-

H e n ry T. Rubin Esq, Senior Director of Development for Gift Planning, Yeshiva University

for

3 6 C A R D O Z O L I F E

GI FT

f i t s. Assume that your client contributes $1 million ofn o n - d i v i d e n d - p roducing stock expected to appreciate 10p e rcent annually and $1 million of long-term bondsyielding 8 percent into a 20-year lead trust. Your clientwould also like to make a donation to Card o zo. You helpher structure a charitable annuity lead trust that will dis-tribute $80,000 annually (4 percent) to Card o zo. In sodoing, your client will re c e i ve a gift tax deduction of$785,448 on the $2 million tra n s f e r. The ta xable gift, dis-counted by the annuity gift to charity over 20 years, isreduced from $2,000,000 to $1,214,552. Assuming a gifttax rate of 55 percent, this could resu lt in cash savings of$ 4 31,996 and, assuming the projected appreciation ove r20 years, a dist ribution of $6,327,755 to the childre n —f ree of all gift and estat e ta xe s. In addition, the client hasdistributed $1,600,000 to Card o zo in a notably ta x - e f f i-cient manner. You have helped your philanthropic clientsucceed wonderfully in family and charitable planning.

Charitable Remainder TrustsWith over 500,000 re c o g n i zed not-fo r - p rofit org a n i za t i o n sin the United Sta t e s, it’s not surprising that the pre v i o u s-ly esoteric charitable remainder trust has entered thefinancial planning mainstream . There are more than70,000 of them in ex i s t e n c e.

G e n e ral corporate lawyers and tax p lanners need toknow how to use the charitable remainder trust as aplanning tool to shield assets from capital gains ta xe s. Ify o u ’ ve counseled your client on the ta x - m o t i vated bene-fits of options, like-kind exc h a n g e s, holding corps, andemployer-held stock, you've probably also counseledhim that sooner or later, whether upon death, sale, o rother disposition, there will be a capital gains tax onthese assets. Howe ve r, you should no t neglect to advisehim that the ta x - s h e l t e red benefit of these assets can bem a i n tained for his entire life (and even possibly the live sof h is children) by contributing them to a charita b l eremainder trust, which , under certain circ u m s ta n c e s,the individual h imself may serve as trustee.

With a charitable remainder t rust , an individual con-tributes highly appreciat ed assets that are then sold bythe trust without im pos ition of any capital gains ta x .The trust then invests the full proceeds to make annu-al annuity- like distributions to a beneficiary (or benefi-ciaries) selected by the donor. Often the beneficiary isthe donor himself. The annuity may be for life or for aperiod of time not to exceed 20 years. At the end of the

term, the trust assets are distributed to charity.If your client holds assets he wishes to liquidate,

whether for portfolio, income, or investm ent needs, thec h a r i table remainder trust can accept these assets, allow-ing him to have these assets sold by the trust withoutpaying any capital gains tax. The trust allows him to in-vest the proceeds in a ta x - exempt fund, while allowinghim the opportunity of increasing his annual incomealthough d ist ributions from the trust are ta xable to thebeneficiary. The trust can be cre a t i vely structured to actas a “super tax exempt pension plan” without any of theattendant contribution limitations or penalties. The clientre c e i ves a significant charitab le deduction for his de-f e r red gift and the establishment of a charitable legacy .

For exa m p l e, assume that your client holds $1 millionof non-dividend producing stock he purchased 20 yearsago for $100,000. He would like to sell this asset, but isunhappy about the $180,000 in capital gains ta xes he willh a ve to pay . Your client also wishes to help his fa vo r i t echarity. You suggest, among other alternative s, that hecontribute the stock to a charitable remainder annuitytrust designed to distribut e 5 percent a year to him andhis wife, both age 65, fo r life. The trust will sell the sto c kand re tain the full $1 m illion (instead of $820,000 hadthe client sold it and paid capital gains ta xes) in a fundthat will generate the lifet ime annuity. Every year yourclient and his spouse will increase their to tal income by$50,000. Over their actuarial live s, the trust will distrib-ute $1,250,000 to them. Your client will also re c e i ve a$492,179 charitable income tax deduction. Upon theird e a t h s, they will leave a legacy gift o f $1,000,000 to theirfa vorite charity.

Your client looks to you for solutions. Charitable giftsand estate planning help you meet your clients’ needs innew and cre a t i ve wa y s. Your client will appreciate beingg i ven the opportunity to consider charitable lead trustsand charitable remainder trusts as well as the benefits ofdonor advised funds, private foundations and pensionc h a r i table remainder trust s. The best attorney treats aclient as an individual. Charitable planning can addvalue to your services and satisfaction to your pra c t i c eby helping your clients, their fa m i l i e s, and the charita b l eo rg a n i zations of their choice. ■

This fall, Card o zo ’s Office of Alumni Affa i rs will sponsor aseries of seminars on charitable gift and estate planning. Ifyou are interested in learning more, please call Debbie

S UM M E R 2 0 0 0 3 7

S a n d raD ayO’C o n n o rAn Interview with

Associate Justice

When three US Supreme Court Justices met at Card o zo with eight of their coun-terparts from the Court of Justice of the European Union, they discussed wa y sthat their courts and pro c e d u res we re similar as well as differen t in an effort tod i s c o ver how they can learn f rom each other. Prior to the meeting, DavidRu d e n s t i n e, Dr. Herman George & Kate Kaiser Professor of Constitutional Law,sat down with Associate Justice Sandra Day O’Connor, the most senior mem-ber of the US delegation, to discuss her thoughts a bout the day’s conference andto gain insight on the first woman appointed to the highest court in the land.

Just ice O’Connor with Just ices

Anthony Kennedy (at left)

and Stephen Bre y e r

PHOTOS BY SUSAN LERNE R

R U D E N S T I N E : When looking at the history of the Supre m eCourt and the d ialogue that goes on am ong justices ands c h o l a rs over how to interpret and apply the UnitedS tates Constitution, there is no evidence that we havel o o ked to Italy and France and Germany or any othercountry for ways to interpret or rule on cases and legis-l a t i o n .O ’ C O N N O R : H i s torically courts in this country have beeninsulated. We do not look beyond our bord e rs for p re c e-d e n t s. When I went to law school, which after all wa sback in the dark ages, we never looked beyond our bor-d e rs for pre c e d e n t s. As a state court judge, it neve rwould have occurred to me to do so, and when I got tothe Supreme Court, it was very m uch the same. We justdidn’t do it. Occasionally we have to interpret an inter-national tre a t y — o n e, perhaps, affecting airlines and lia-bility for injury to passengers or damage to goods. Then,of cours e, we have to look to the precedents of othermember nations in resolving issues. But short of that, weh a ve tended not to pay any attention to what other coun-tries we re doing. Yet m ost countries, at least in the we s t-ern world, face similar issues from time to t ime. Look at

Canada. Canada has a Charter of Rights andFreedoms that is parallel to our Bill ofRights—it is not identical but similar. Theyh a ve faced many of the same issues we haveand at roughly the sam e time. It is my sensethat we have not paid close attention institu-tionally to the jurisprudence of Canada orother nations. I think that’s changing.

R U D E N S T I N E : As Just ices consider a particularcase that has been briefed and argued andread , would you then also consider re a d i n gopinions of a supreme court or a constitu-tional court in some other land as a way ofgaining additional insight on our own tra d i-tions or interpre ta t i o n s ?

O ’ C O N N O R : I would, if it we re an issue that had a closep a rallel in decisions of that other count ry . I would bei n t e rested to know how they handled it, yes.

R U D E N S T I N E : In any opinion that you have offered, do yourecall citing an opinion of a fo reign court?O ’ C O N N O R : Ye s, but I don’t have specifics to give you th ism o r n i n g .

It is a good thing to do occasionally. Let me give yousome exa m p l e s . We had a case not long ago invo l v i n gs tate laws governing physician-assist ed suicide. We havevirtually no experience of that in this country—none.And that was a case where we had some very useful ami-cus briefs and m aterials that brought befo re us the ex p e-rience of other countries, such as the Ne t h e r l a n d s. Ifound that this was very useful, and I suspect that if wel o o ked we would see some of these materials cited. I alsorecall that in some of the cases in which our court wa slooking at state laws governing abortion, it was ve r yi n t e resting to look at compara t i ve experiences in otherwestern nations. I suspect that we would find cited someof those mat erials as we l l .

2 2 C A R D O Z O L I F E

When I was nominated in 1981,

d o o r s o p e n i n gfor women around the world

and took the position,

it was incredible to see

on courts and for other positions, too.

Just ice O’Connor w ith

Judge Leif Sevón o f the Cou rt o f Ju st ice

o f the European Commun it ies

R U D E N S T I N E : During the course of the year, as you meetwith circuit court judges and district court judges at con-f e re n c e s, meetings, and lecture s, is it your sense thatthis international flavor is having a trickle-down effect aswe l l ?O ’ C O N N O R : All over the country federal courts are fa c i n gc e r tain international law issues as a resu lt of treaties likeNA F TA. If you go to the Ninth Circuit and other are a sclosely affected by NA F TA, you will begin to see somecases raising issues with int ernational import: enfo rc e -ability of judgments, taking depositions. What about thee n fo rcement of ord e rs from some decision-making bodye s tablished by NA F TA itself as opposed to a judicial judg-m e n t ?

C e r tainly we have had to face ex t radition of people toand from this country that invo ke international issues.Our court has had a couple of cases involving the allegedfa i l u re of state pro s e c u to rs to advise criminal defendantswho are nationals of another country that there is a con-sul from their country with a certain addre s s, with whomthey m ay wish to consult, as is re q u i red by the ViennaC o n vention. When that obligation is not observed, ani m p o r tant issue of international law is pre s e n t e d .

I have had some contact with various circuit courtjudges to ex p l o re the possibilit y of having circuit confer-ence p ro g rams address issues in international law. Thereis a great deal of interest in th is kind of p ro g ram. I willparticipate on a panel th is summer at the Ninth Circ u i tc o n f e rence focusing on international law issues.

R U D E N S T I N E : Let m e shift ground if I might. When youh a ve a difficult case, besides perhaps consulting otherp recedent s and decisions of other countries, are thereany figures in Am erican jurisprudence—and let’s justtalk for the moment about figures who are no longer onthe court—to whom you turn with any regularity fo rinsight, pers p e c t i ve, and wisdom?O ’CO NN OR: I have found it most helpful, when I have aparticu larly tough legal issue at the court, to find someopinion by Justice Harlan [John Marshall Harlan( 1 9 5 5 – 1 9 71)] to see how he would deal with that issue.He was a very thoughtful justice. And he dealt withissues so fairly and so well. It’s a joy to find them! Inter-

estingly enough, on the issues of federalism I think Jus-tice Frankfurter [Felix Frankfurter (1939–1962)] offers alot of insights. You wouldn’t expect that, would you , buthe did. You can find the writings of many past justiceshelpfu l, depending on the issue and the circ u m s ta n c e.

R U D E N S T I N E : I t ’s interesting to hear the t wo that you doc i t e, because in my own experience in the classroom, Iwould flag both of them, especially Justice Harlan, fo rletting you know exact ly what’s on their minds. Yo umight not agree with him, you might come at it a differ-ent way, but there ’s no way to walk away from a Harlanopinion without thinking he’s …O ’ C O N N O R : H e ’s thought it thro u g h .R U D E N S T I N E : And he’s told you what he thinks. Is that par-tially the quality that you find?O ’ C O N N O R : Well, yes, and it seems to me that he eva l u a t-ed issues in a very fa i r, equitable manner. He had a bal-anced and object ive approach , I think, to everything thatI ’ ve seen of his opinions.

R U D E N S T I N E : In thinking about what to ask you th is morn-ing, I asked my daughter, who is a high school senior, “A syou know, Justice O’Connor is the first woman to beappointed to the US Supreme Court. If you had a chance,what kind of questions would you ask her?” And then Igot about 12! So let me run down the list very quickly. Ithink they are all part of the same piece of cloth. Whatwas it like when you we re first appointed and became amember of the court? Was there awkwa rdness or hostil-ity of any kind that you experienced? Did that changeo ver the years? Did it particularly change when JusticeG i n s b u rg arrive d ?O ’ C O N N O R : T h e re was no hostility at the court when Ia r r i ved . The fact is, we are a nine-member court that sitson cases. When there are only eight members, it doesnot function right, particularly in those days when itoften divided four to fo u r. The members of the courtwe re just delighted to have a ninth m ember—male orf e m a l e. They we re all kind and welcoming. What was ap roblem was the exc e s s i ve amount o f media attention tothe appointment of the first woman and everything shedid. Eve r y w h e re that Sandra went, the press was sure to

other nations around the world

v e ry s p e c i al p l a c ein the American system.

understand that our court occupies a

My sense is that jurists fro m

S UM M E R 2 0 0 0 2 3

go. And that got tiresome; it wa ss t ressful. I didn’t like it. I don’tth ink my husband liked it . It was ac o n s tant pre s e n c e. And over they e a rs, just because I was somehowsymbolic of someth ing different onthe court, when the court wo u l dhand down a decision, there wo u l dbe a lit tle add-on: What did JusticeO’Connor do in the case? Thischange d dramatically with thea r r i val of Justice Ginsburg. All of a sudden there we ret wo women and we all became “fungible” justices, andthat was an enormous help. Justice Ginsburg is a ve r ycompetent justice, and it is a joy to have her on thecourt, but particularly for me it is a pleasure to have asecond woman on the court.

R U D E N S T I N E : O ver the period of the past fifteen or soy e a rs, do you have a sense that the standing and positionof women in the profession as a whole has changed as aresult of your appointment to the high court?O ’ C O N N O R : Clearly it has. When I was nom inated in 1981 ,and took the position, it was incredible to see doorsopening fo r women around the world on court s and fo rother positions, too. And law schools became moreopen. More young women started at tending law school.I t ’s now half and half, at least, if not more.

My concern was whether I could do the job of a jus-tice well enough to convince the nation that my appoint-ment was the right move. If I stumbled badly in doingthe job, I think it would have m ade life more difficult fo rwomen, and that was a great concern of mine and still is.

R U D E N S T I N E : As you experienced that responsibility , espe-cially during your early months or years on the court,we re there opinions that you had the responsibility toauthor where you really felt this more acutely?O ’ C O N N O R : Any time there was an issue involving anykind of gender discrimination, there would be a particu -lar focus on “what is the woman justice going to do?”Mississippi Unive rsity for Women v. Hogan [1982], for ex-

a m p l e, was a case in which therewas a great deal of press attention,and I ended up writing the majorityopinion. So that was a focal point.The abortion cases produced anenormous amount of mail to myc h a m b e rs, vastly more than to theother chambers, I am sure. I some-times thought there wasn’t awoman in the United States whodidn’t write me a letter on one side

or the other of that issue. I have two secre ta r i e s, and wewe re incapable of opening all the mail. We physicallycould not do it in a normal working day.

R U D E N S T I N E : As you move around from forum to fo r u m ,especially when you meet with international jurists andl a w y e rs, there must be times when there are conve rs a-tions about the role of the Supreme Court in Americanl i f e. In my ex p e r i e n c e, this international group has ah a rd t ime really appreciating what that role is, what itmay have been in the past, and what it might be in thef u t u re. How do you reflect on that ro l e, and how do youdescribe it in your conve rs a t i o n s ?O ’ C O N N O R : My sense is that jurists from other nationsa round the world unders tand that our court occupies avery special place in the American system, and that thecourt is rather well re g a rded in comparison, perhaps, totheir own. It is also my sense that jurists from othernations believe our court has broader powe rs than mostof theirs have in terms of, for exa m p l e, declaring a leg-i s l a t i ve enactment unconstitutional.

Many courts don’t have the power o f judicial re v i e wof acts of legislation. Most high court s in other nations donot have discretion, such as we enjoy, in selecting thecases that the high court re v i e ws. Our court is virtuallyalone in the amount of discretion it has. We are con-s tantly grateful that Congress has seen fit to give thecourt that amount of discretion. We would drown incases otherwise—cases that neither wa r rant nor meritthe attention of the nine-mem ber court. ■

My concern was whether I could do the job

a p p o ı n t m e n twas the right move.

of a justice well enough to convince the nation

2 4 C A R D O Z O L I F E

David Rudenstine w ith Ju st ice O’Connor

that my

The Inte rnet Ent re p re n e u rMa rk S. L i e be rman ’84

Mark S. Lieberman recently built a treehouse fo rhis two children. After they had gone inside, hespent some time admiring his handiwork. “Ienjoy building things,” he says. The lawyer-

t u r n e d - e n t re p reneur is having a ball building Softc o m ,I n c., a New York applications service provider whoseaim is to re vo l u t i o n i ze the way video is used on theWorldwide We b. “There is no question that in only a fewy e a rs, the giant video will be an intera c t i ve home centerw h e re people will wa tch television, shop, pay bills, get e-

mail, do re s e a rch, and many other daily activities,” saidL i e b e r m a n .

Lieberman, who joined the six-year-old company aschairman in 1999 and became chief exe c u t i ve officerearly this year, sees Softcom as another milestone in thec o n ve rgence of technology, communications, and mediathat he has sought to advance as an exe c u t i ve, ve n t u rec a p i talist, and government official. The company’s“ s t reaming media” technology allows bro a d c a s t e rs andother content pro v i d e rs to combine video, chat, stre a m-ing text, and real-time data feeds in an intera c t i ve scre e nthat integrates E-commerc e, advertising, and arc h i ve s.For exa m p l e, Softcom supported enhanced Oscar cove r-

a rd o zo attracts many students who come to the law from the arts, the

computer field, and other cre a t i ve backgro u n d s, and graduates many

m o re who seek to enter the booming fields of entertainment, new media,

c o m m u n i c a t i o n s, and intellectual property law. At Card o zo, these stu-

dents benefit from what Prof. Marci Hamilton, dire c tor of the Intellectual

P roperty Pro g ram, calls “one of the richest intellectual property curricula in the

country,” which is supplemented by a range of ex t racurricular activities that

includes a top journal in the field, the premier entertainment and communications

law moot court competition, ex t e r n s h i p s, pro vo c a t i ve symposia and lecture s, and

the recently established LL.M. pro g ram in intellectual property law that can be

completed along with the J.D. in three and a half years.

Today nearly 1,000 Card o zo gra d s, from an alumni body of 6,500, work fo r

law firms specializing in intellectual property and entertainment law, for new

media ve n t u re s, and for companies as dive rse as BMG Entertainment, McGra w -

Hill, the Game Show Ne t work, Twentieth-Century Fox, Major League Baseball

E n t e r p r i s e s, Po l y G ram, ESPN, BBC Wo r l d w i d e, RCA, Hearst, and something called

Itsy-Bitsy Enterta i n m e n t .

CA Dream Fi e l d : I nte l l e ctual Pro pe rty & New Me d i a Jeff Storey ’01

age for E! Online that allowed viewe rs tochat with an E! gossip columnist, view videoclips of nominated films, and play a GoldenGamble game by wagering points to pickthe winner. And it gave viewe rs of the HomeShopping Channel the ability to order Joe Monta n am e m o rabilia and chat simultaneously with the quarter-back after his election to the Pro Football Hall of Fa m e.

The Card o zo gra d u a t e, whose father is a patent atto r-ney, enrolled in law school after earning a mechanicalengineering degree magna cum laude from Tufts Unive r-sity. He was a member of Card o zo ’s first class of Alexa n-der Fe l l o ws. He clerked for a Fe d e ral Appeals Courtjudge and practiced intellectual property law. In 1989, hes e r ved in the Bush administration at the Commerc eDepartment, where he led the United States in negotia-tions with Japan and the European Community on high-technology re s e a rch pro g ra m s, “befo re anybody eve nthought about the Internet.” After a two-year stint in gov-ernment, he moved to the private sector and wa si n vo l ved in seven sta r t - u p s. For two years, he was exe c-u t i ve vice president of the entertainment, communica-t i o n s, and media division of Cahners Business Info r m a-tion, a Reed Elsevier company, where he directed a sta-

ble of publications that included Va r i e t yand B roadcasting and Cable.

Lieberman says that his legal tra i n i n ghas helped him to negotiate his own con-t racts at cash-strapped start-up ve n t u re s. It

also comes in handy when he is managing otherl a w y e rs. Most important, howe ve r, the experience gavehim a sense of discipline and the training to move quick-ly when that was re q u i red. He says that Card o zo, with itsemphasis on intellectual property and ethical issues, isperfectly positioned to ta ke adva n tage of the “wo n d e r f u lopportunities” offered by New Yo r k ’s “Silicon Alley.”

L a w y e rs should ta ke note, howe ve r, that working withthe Internet is very different from the traditional corpo-rate environment. Softcom recently wa l ked away from adeal it wanted after the other side’s attorneys raised to omany time-consuming negotiating ploys. “Speed ab-solutely is of the essence,” said Lieberman.

Su pe rm a n’s Lawye rLillian Laserson ’83

Lillian Lasers o n ’s big moment as an actress camewhen, playing a floozie named Darlene, she had adate with Potsie on Happy Days. But after eighty e a rs of struggling in a business with an unemploy-

ment rate that exceeded 90 percent, she decided that she“ wanted to make a living.” Law school beckoned for thisPerry Mason fa n .

After acting, “law school was a piece of cake, ”L a s e rson says. She liked the fact that the rules we rec l e a r. “You do the work, you make the gra d e s, and youget a job.” She loved Card o zo, where she joined the crim-inal law clinic and was able to try a case. “It was like pro-ducing, directing, and starring in your own pro d u c t i o n , ”she says.

L a s e rson wo r ked for a large firm for seve ral years,then moved to a smaller boutique operation that spe-c i a l i zed in intellectual property law. She wo r ked for JimHenson Productions befo re joining DC Comics and M a dmagazine in 1990 as the company’s first in-house coun-sel. Today, she is vice president and general counsel,working in offices where the reception area is modeledafter the ro o f tops of Gotham City—complete with bat sig-nal. She performs a variety of functions including con-t ract negotiation, acquisitions, pre-publication re v i e w,supervision of litigation, licensing for television andfilm, and monitoring “very tricky” intellectual pro p e r t yq u e s t i o n s.

DC Comics has grown substantially since Lasers o njoined the company. Employment has more than dou-bled, and edgier, adult-oriented comic book lines have

k Lieberm a n

been added to Superman, Batman, and other tra d i t i o n a lfa re. The company now publishes a variety of differe n tg e n res including mystery, humor, and nonfiction. No n-fiction works in particular present new and challenginglegal issues in the areas of libel and the rights of priva c yand publicity. The Internet has also created new oppor-tunities as well as legal issues. DC Comics has eve nbecome a defense contra c to r, deploying Superman andother chara c t e rs to teach children in Ko s o vo, Bosnia, ande l s e w h e re about the danger of land mines.

For her relationships with the people who write andi l l u s t rate the company’s pro d u c t s, Laserson says “it isvery helpful that I have a cre a t i ve background” becauseother employees tend to look at lawyers as “suits.” Herusual response when approached by edito rs, writers, andartists with a cre a t i ve but legally troubling idea is to say,“ L e t ’s figure out how we can say this. ”

L a s e rson says that she loved reading comic books andM a d when she was growing up in Scars d a l e. She does notread everything the company produces now—edito rsknow when to contact her about a potential pro b l e m .Ne ve r t h e l e s s, she is convinced her job is unique because“ l e t ’s face it, I re p resent men in tights. ”

The Art Di re cto rLaw re n ce C. Ba rth ’84

La w rence C. Barth is a busy litigation partner for theLos Angeles office of Munger, Tolles &Olson who fights “to remain some-thing of a generalist.” He has re p re-

sented plaintiffs and defendants in areas asd i ve rse as trade secret misappro p r i a t i o n ,employment discrimination, bro ke r ’s mal-

p ra c t i c e, complex business dis-p u t e s, and enviro n m e n tal law.His firm does not re p re s e n tH o l l y wood talent, but it isoften hired by major enterta i n-ment firms like Unive rsal andWarner Bro s. Barth has alsowritten and filed briefs fo rartists’ groups in censors h i pcases that have gone all theway to the United States Su-p reme Court.

Barth re p resents some “ve r ysignificant artists and photo g-ra p h e rs,” publishers, and gal-l e r i e s. He counsels artists onthe legal issues they mustg rapple with in their day-to -

day work such as trademark and copyright in-fringement, moral rights and privacy/publicity rights,and First Amendment rights.

“ L a w y e rs are by nature conserva t i ve cre a t u re s,” hes a y s. “They try to avoid risk. It’s easy to tell a client youcannot do that.” Barth’s clients look to him for cre a t i veways to achieve their visions without taking legal mis-s t e p s. He is uncomfo r table vetting artists’ and writers ’work for obscenity. The First Amendment did not givel a w y e rs the job of determining content, he says. But alawyer can make his or her clients savvy about legali s s u e s. Barth’s artist clients trust him because “theyknow I am interested in what they do.”

That interest is long-standing. In fact, Barth himselfhas a professional background in the arts. He attendedCooper Union in New York, but left without getting ad e g ree to work as a magazine art dire c tor for five years.Then he decided to become a lawyer, and “Card o zo to o ka chance on me. I had a wonderful time in law school,”said Barth. He wo r ked as articles editor of the C a rd o zoLaw Re v i e w, and after graduation clerked for JudgeIrving R. Kaufman of the United States Court of Appealsfor the Second Circuit. Barth re c e i ved a job offer from aNew York firm, but Prof. Monroe E. Price acted as am a tc h m a ker with Munger, Tolles & Olson.

Barth continues to exe rcise his skill in visual commu-nication. He works with colleagues to develop non-tra d i-tional ways of presenting information to juro rs and lec-t u res frequently on this issue. Trial lawyers often are not

good at reducing stories to icons or images.C o n s u l tants claim to fill the gap, but Barthsays much of their work is “linear and ve r-bally based.” Barth seeks to use “things thata re truly visual. I’m sort of the art dire c to rof the firm.”

Lillian Laserson

Producing the Most Cre at i ve Wo rk Po s s i b l eMu riel Alix Caplan ’79

Muriel Alix Caplan ’79 did not sta r tout to become an entertainment lawyer.Instead, she was attracted to the law by the fa c tthat it was becoming “a more open avenue fo r

women.” She was a member of Card o zo ’s first class,although “it did not seem like a new law school,” shes a y s, recalling stimulating classes and, in particular,Constitutional Law taught by Te l fo rd Ta y l o r. Upon gra d-uation she took a job in Wa s h i n g ton, DC with the Com-modity Fu t u res Trading Corp.

After nearly three years as a government re g u l a to r,Caplan decided to pursue a legal career that was more intune with her personal interests in books and the arts.S w i tching specialities “was not something you can doo vernight.” Just as it is hard to be all things to all people,“it is hard for a lawyer to be all things to all clients. ”Caplan returned to New York and began to do fre e l a n c elegal work for theater and movie pro d u c e rs. During thistime she earned a certificate in book and magazine pub-lishing from New York Unive rs i t y .

All of this spadework paid off when Caplan was hire dby the tradebook publisher Henry Holt and Co. in thelegal department. Seve ral years later she was pro m o t e dto dire c tor of legal affa i rs. Along with other corpora t elegal work, she negotiated and drafted licenses and con-t racts; vetted manuscripts for issues of defamation, pri-vacy, and copyright; and supervised litigation. Wa l tDisney Co. hired her as a senior counsel in April 1997.Caplan, who is based in New York, works in the corpo-rate law department and in addition to other duties, isthe primary lawyer for the Disney-owned Hyperion, ag e n e ral interest publisher of, among other gen-re s, mysteries, nove l s, and nonfiction works; aswell as Disney Childre n ’s Book Group and DisneyLicensed Publishing in North America.

C a p l a n ’s work at Disney has much gre a t e rscope than it did at Holt. At Disney, she wo r k swith a larger group of clients, and the job is moreh i g h - p re s s u red. She frequently works with otherDisney attorneys to craft deals that translate char-a c t e rs into movies and television pre s e n ta t i o n s.M o re o ve r, Disney has a large “portfolio” of intel-lectual property: Mickey, Donald, and the re s tand insists that its licensees portray this pro p e r t yin the “right wa y . ”

Caplan says that lawyers who work with cre-a t i ve people must be “open to the pro c e s s.” Theymust show empathy for the needs of authors,i l l u s t ra to rs, and other talent invo l ved. Cre a t i ve

people respond better to legal counsel “ifthey unders tand that we ’ ve read the wo r kc a refully and acted with sensitivity.”Caplan strives to get across the point ofview that “we basically have a common

i n t e rest to avoid legal problems and to produce the mostc re a t i ve work possible. ”

The Law of Ro m a n ceLisa M.Dawson ’99

You know the type. “The hero is tall, dark, andhandsome with issues of trust, fear, or some otherf l a w, but he can’t be dishonest. The heroine isbeautiful, smart, and successful with issues of trust

or fear but she can’t be a man-hater.” Lisa M. Dawson isthrilled that she is seeing these chara c t e rs more andm o re frequently on the cove rs of books read by fellowp a s s e n g e rs on the train from her Queens residence toher midtown office at BET Books.

The quoted descriptions are from Black Enterta i n-ment Te l e v i s i o n ’s Web site and intended for potentiala u t h o rs in BET’s Arabesque line of romance nove l s,which are aimed at an educated, middle class African-American audience. The line was launched by Ke n s i n g-ton Publishing Corp. in 1994 and purchased by BETHoldings in 1998. Four paperback titles are publishedeach month in addition to four holiday books, four brideb o o k s, and one hard c o ve r. Seve ral of the books havebeen made into movies shown on the BET cable net-wo r k .

D a wson, the line’s contract manager, says that thebooks—which have titles like I n c o g n i to, A Private Affa i r,and Intimate Behavior— a re in demand, a fact confirmed

by her informal subwa ys u r vey. She turns mem-os from edito rs into con-t racts paying ro y a l t i e sand advances to morethan 50 African-Amer-ican authors. In her ta l k swith authors and agents,“I try not to get to oa d ve rsarial,” she says.Getting the job was “acombination of beingp re p a red and lucky.”C a rd o zo provided thep re p a ra t i o n .

D a wson, who has un-d e rg raduate degrees inbusiness and biochem-

Lisa M. Dawson

istry, originally wanted to be a docto r. She was attra c t e dto the law because of its problem-solving nature — “ l i kethe sciences”—and its verbal chara c t e r. While in schoolshe wo r ked for ABC-TV and an intellectual pro p e r t yfirm, participated in the entertainment law componentof the Summer Institute, and was on the staff of theC a rd o zo Arts & Entertainment Law Journal. Courses likeNegotiation in the Music Industry we re ex t remely help-ful. She is glad that she chose Card o zo because theb readth of her entertainment and intellectual pro p e r t ylaw training was “significantly better than that re p o r t e dby friends at other law schools. ”

The Mu s i c i a nPaul F. Hansen ’97

To earn money while a student at Card o zo, Paul F.Hansen wo r ked as an usher at the Metro p o l i ta nO p e ra. Now a full-time lawyer, he still spends sev-e ral nights a week at the opera house. After all, he

has been a fan since he heard Puccini’s Tu ra n d o t for thef i rst time when he was 13. In fact, his bosses also encour-age him to attend. They want their associate counsel tobe intimately familiar with the Met’s pro d u c t .

Hansen describes his hiring for the Metro p o l i ta nO p e ra ’s two - p e rson in-house legal department as“ s e re n d i p i to u s.” When he enrolled in law school, the 36-year-old former musician had thought “that was it, therewas no more music in my future. ”

A concert pianist from the age of seven and then ac o m p o s e r, Hansen earned a master’s degree from MannesCollege of Music befo re deciding that his talent had“plateaued” and that music would not provide “the sus-tenance that I thought I needed.” Law seemed a gooda l t e r n a t i ve career choice for someone who also studiedthe social sciences as an underg ra d u a t e. As a teenager,he subscribed to the C o n g ressional Re c o rd , poring ove rl e g i s l a t i ve debates when he wasn’t practicing Chopin’sétudes and Po l o n a i s e s.

Hansen was attracted to Card o zo by its re p u tation fo re n t e r tainment law and generous scholars h i p s. He was im-p ressed by the “deceptively simple and direct” Socra t i cmethod that Prof. David Rudenstine deployed in his con-stitutional law course and by Prof. Paul Shupack’s pene-t rating exegesis of contract law. But he also ve n t u re dbeyond the classroom for internships at Angel Re c o rd s,Siemens Corporation, NA S DAQ, and theUnited Na t i o n s.

His stint as an usher helped him get theattention of Henry Lauterstein, who hadre p resented the Met for 40 years, first as ap r i vate lawyer and then as in-house coun-

sel. “The Met has a way of re wa rding people who wo r ktheir way up through the ra n k s,” says Hansen, pointingout that the current dire c tor started as a carpenter.Hansen wrote Lauterstein, who gave the aspiring lawyerre s e a rch assignments and told him to come back whenhe passed the bar examination. After Lauterstein re t i re d ,Hansen wo r ked as the Opera Association’s acting gener-al counsel for nearly seven months in 1999. “It was ve r yex h i l a rating and very challenging,” he says. “You have tobe quick on your feet.”

Hansen deals with a variety of legal issues, ra n g i n gf rom trademark protection to corporate sponsors h i p s.The diplomatic skills he picked up during his fa t h e r ’sS tate Department postings and his United Na t i o n sinternship have helped him deal with the immigra t i o np roblems and other hassles faced by international artists—a job that ta kes up about one-third of his time. Hansenalso enjoys drafting contra c t s. “It re q u i res creativity tobridge differences that can be very seve re,” he says. Hee ven is able to occasionally use a re h e a rsal room to pol-

ish his own musical compositions.All in all, working for the Met has been

very re wa rding, pointing out that peoplewho work for the Opera Association have asaying: “Nobody ever leaves the Met be-cause there is no better place to go.” ■

Paul F. Hansen