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Fordham Lawyer The Magazine of Fordham Law Spring 2013 Professor Sonia Katyals trademark Examining IP law from a social justice perspective PAGE 12 A BRANDNEW LOOK AT IP LAW The Work Ethic of Legal Ethics Fordham Laws emphasis on ethics shapes students for lives of noble lawyering. PAGE 16 For the Love of the Game Fordham Law is a major player in sports law. PAGE 22

Deans Letter At Fordham Law School, the academic year is measured not so much in weeks as it is in achievements. In the fall, we mark time by the competitions that our student teamsincluding our Dispute Resolution Society, our moot court team, and Brendan Moore Trial Advocatesexcel in around the country. In lieu of counting days, we count the number of articles our faculty members have published or the times they have appeared in the media to discuss their areas of expertise. In the spring, we e

Fordham Lawyer The Magazine of Fordham Law School 2 8 12 Global Partners A conversation about international human rights Immigrant Work Not a Foreign Concept Jennifer Gordon A BrandNew Look at IP Law Professor Sonia Katyals trademark Examining IP law from a social justice perspective The Work Ethic of Legal Ethics Fordham Laws emphasis on ethics shapes students for lives of noble lawyering. For the Love of the Game Fordham Law is a major player in sports law. Be It Resolved Fordham Laws Alterna

Q and A Global Partners A conversation with four Fordham Law professors about international human rights Illustrations by Steve Moors 2 For dham L aw y er S P R I N G 2 0 1 3

I nternational human rights should be an international concern, but at times, geographic borders, government policy, local power structures, and political agendas can stymie the noblest of efforts to recognize the rights of all peoples and nations. To discuss the challenges of the human rights movement as well as its triumphs and its importance for the legal profession, Fordham Lawyer spoke with four professors from Fordham Laws Leitner Center for International Law and Justice Tracy Higgins, P

us tothe technical term is make reservations. Also, when we ratify these treaties, we almost always declare that they have no force within the U.S., which goes against the usual presumption that treaties are the supreme law of the land. Our accession to these treaties, then, unfortunately has little effect in our domestic legal system. Higgins I hope that some of this is changing I see a kind of generational shift. One thing thats happened in legal education over the last 25 years is the central

events, such as our brownbag lunch series, open to the entire Fordham community to help inculcate the importance of international human rights law. In other words, we work on many different fronts. You never know how a particular project is going to play out or what might be the role that you play in the life of a particular student who may go on to do amazing work. I think it might be a mistake to measure the success of the Center in terms of our influencing this or that issue only on a large s

work right here in New York City. We recently coauthored two human rights reports documenting NYPD abuse of vulnerable communities and Occupy Wall Street protesters. Higgins Many of the projects in Africa bring together different interests of mine, including especially my work in gender equality. In thinking about African customary law and issues of womens equality, I see an enormous gap between national and international legal norms and the reality for women, whether they live in urban or rural

Galizzi I am often asked this question, and I always challenge it with my own question Controversial according to whom The gay and lesbian men and women I meet in Africa dont think theres any controversy at all when it comes to the fact that they do not want to be beaten up by the police. They dont want to be abused. They want to live their lives like anybody else. Those who fully enjoy fundamental human rights tend to deny the rights of people who are in need of more protection. The focus shoul

Ex Libris Immigrant Work Not a Foreign Concept Jennifer Gordon As globalization spreads, workers as well as products increasingly cross national boundaries. Many nations, including the United States, have responded to the situation by attempting to reinforce their borders, yet migrants continue to circumvent the legal regime. How such newcomers impact resident workers in local labor markets is a persistent subject of concern. The influx of these workers has raised vexing questions about the rela

H ow much of an impact immigrants have on the U.S. labor market has long been a subject of dispute. But most economists now agree that aggregate immigration has a neutral or small positive effect on the U.S. economy overall.1 Economists optimistic conclusions about the neutral or positive impact of immigration on overall native workers wages and employment opportunities strike most casual observers as counterintuitive. Most people think of the pool of jobs in the United States as fixed more wo

Furthermore, employers have repeatedly demonstrated a preference for immigrants over native workersand particularly over African Americansbased on their beliefs that immigrants are hardworking, subservient, easier to control, and so on.14 Indeed, to hire through temporary visa programs, agricultural employers must commit to paying a premium adverse effect wage, which ranges up to 12.00 per hour depending on the state, rather than the 7.25 per hour minimum wage that they can offer to resident wor

that are consistent with reality on the ground, effective in fostering solidarity between immigrants and resident workers, and likely to engage productively with the immigration debate in Congress. educationdatacpshistoricalindex.html. On the increase in lowwage work, see LOWWAGE WORK IN THE WEALTHY WORLD Jrme Gauti John Schmitt eds., The Russell Sage Foundation 2009. 11. Jennifer Gordon Robin Lenhardt, Rethinking Work and Citizenship, 55 UCLA L. REV. 1161, 122022 2008. 12. See, e.g., Gordon

b A brANDNEW LOOK AT iP LAW Professor sonia KatYaLs trademark Examining IP law from a social justice perspective to make a forceful critique not only of consumption but also of race, gender, and corporate identification. It seems only natural then that the Warhol Foundation awarded Katyal the Creative CapitalWarhol Foundation Arts Writers Grant to help finish the book, the first time a law professor has received the award. In fact, Katyal is one of the few law professors in the country to win m

SPRING 2013 For dham L aw y er 13

changes to IP law during the late 1990s. At the same time, she grew intrigued by the street art Fairey and other artists were creating all over Los Angeles. She began to understand that the legal problems faced by both the artists and Internet entrepreneurs she encountered paralleled the problems she had addressed in her previous career. The same impulses that made me think about social justice were principles that could be translated to the Internet environment and art in public areas, she says

tribes and even become a source of fundamental social change. The article caught the attention of certain policymakers who began to talk about the repatriation of tribal artifacts, trademark issues about Native American mascots, and other cultural property principles it raises. The paper has helped inform discussion between tribes and governments, she says. Thats so rewarding, because I want what Ive written on trademark law to help lawyers make more informed decisions about the constitutional i

LegaL ethics Fordham Laws emphasis on ethics shapes students for lives of noble lawyering. The Work eThic oF 16 For dham L aw y er S P R I N G 2 0 1 3

At some point, every lawyer feels the temptation to skirt the ethical path and solve a thorny legal problem expediently, especially if it helps achieve a greater good. Thats the struggle Afua AttaMensah 04 has fought when working for the homeless as Supervising Attorney of the Urban Justice Centers Homelessness Outreach and Prevention Unit. In the public interest setting youre always the underdog, and after a while it becomes tempting to push back, she says. When youre seeing the lessthanscrupu

Stein Scholars receive individualized FordhamStein Prize. Past recipiattention from faculty mentors and ents have included luminaries from the Public Interest Resource Center Supreme Court Chief Justices Waras they absorb a specialized body of ren Burger and William Rehnquist coursework geared toward their focus to childrens rights activist Marian on family law, poverty law, advocacy Wright Edelman. Likewise, the groups, governCenters Mary ment agencies, Daly Prize in They make it and other area

Society shortly after inviting the head of the Manhattan office to sit on a juvenile justice panel he helped organize. The Scholars also help guide the shape and course of the Program through the Stein Council, by electing two students from each class and one evening student every year. The council meets biweekly to allocate the Stein Scholars budget for public and social events and to make sure the Program reflects the current needs and values of participants. This fingeronthepulse perspective

carry out their own vision than one thats mandated, he says. Theyre the ones who have a grasp of what needs to be done today. Loveland describes the Program as constantly evolving. Even in my three years here Ive seen it change, he says. Work Ethic PIRC grants all Fordham Law students similar autonomy in creating and running their own pro bono volunteer student groups. In fact, PIRC pioneered the studentrun approach at Fordham, a key component Schoenherr wanted when he founded PIRC the same yea

Opposite page 2013 Stein Scholars Left Students during PIRC Public Service Day in 2008 Below Student members of the Disaster Relief Network during the 2013 spring break trip to Haiti Bruce Gilbert notes how this model of leadership makes it as easy as possible for every law student at Fordham to pursue some form of service, letting them engage in ethics through the ethic of work, whether that work is in the legal field or not. that educates our students to the highIts restricting to say just b

FOR THE LOvE OF THE GAME Fordham Law is a major player in sports law. By the time John Mara 79 started at Fordham Law in 1976, he understood a lot more about the working world than many of his classmates did. After all, he grew up in the family business that his grandfather founded in 1925 and that his father then ran. But on the first day of his labor law class with Professor Joseph Crowley, he was on foreign turf. I wasnt tuned in to labor law when I started school, he says. Growing up, I had

While Mara admits that his job is so much fun it sometimes doesnt seem like work except when were losing, he says working in the sports industry is not a walk in the park. There is constant competition for sponsorship dollars, pressure to build new venues, and the ultimate goal renewed every yearof becoming champions. We want to get back to the Super Bowl, he says. To me, nothing professionally can match standing on the platform accepting the Vince Lombardi trophy at the end of the season. Thats

Dave Howard 85, in his former job as Executive Vice President of Business Operations for the New York Mets MLB Network into more than 50 million homes, the most successful launch of a network ever on cable television. The hours are long, and the work never ends, but theres no question Brosnan is in his dream job. I really believe the line The harder you work, the luckier you get, he says. He also stresses the importance of protecting your personal brand. Not so much what people think of you, he

The fact that you can identify issues, anticipate challenges, creatively solve problems, make judgment callsall of these skills are beneficial even in nonlegal situations. With Howards job at the Mets, the situation was always different, but there was at least one thing that remained the same. Even after 21 years in the front office, Howard would still get excited when the first pitch was thrown. The Mets have 81 home games a year, and it never got old. I always got that jolt of adrenaline when

FALLING INTO SPORTS LAW with labor relations laws in Australia, which are far less advantageous to unions than are those in the United States. Lawrence Keane 88 went to law school thinking he would work as a prosecutor. During his first year of school, he worked as a skating guard at Rockefeller Center before getting a job in the Manhattan District Attorneys office. After graduation he was an Assistant District Attorney for Westchester County for seven years, where he chiefly investigated and

March 2012 founded RSE Ventures with Miami Dolphins owner Steve Ross. As President and CEO, Higgins manages the holding companys sports and technology businesses, including FanVision and Insignia Sports and Entertainment. In the last year, he has developed from scratch four companies, three of which are already profitable. My job is about creating a network of companies with a shared vision centered around innovation and disruption. Im an entrepreneur at heart. He advises those who think they ar

hen a fish seller in Ghana didnt get a promised payment from a customer, she went to the womans home and tipped over her pot of soup on the stove, spilling it on the floor. Grounds for a lawsuit Not in this West African country, where the courts are too crowded to hear such matters. Instead, the two women took their grievances to the local queen mother, a sort of female tribal chief. Before a village assembly that happened to include a visiting group of Fordham Law students, the queen mother hea

FoRdham LawS aLTERNaTivE diSPuTE RESoLuTioN aNd CoNFLiCT RESoLuTioN PRoGRam 2011, the mediation team won the world champion title in the International Commercial Mediation Competition in Paris. Sanzillo is no stranger to competition He played baseball professionally for the St. Louis Cardinals before law school and plans to use the skills hes sharpened on DRS as a sports lawyer. I was drawn to the way the teams constantly practice and prepare to win, he says. Ive also been proud of the students

Taking Care of Business Law From the corporate Law center to the community economic Development clinic and entrepreneurship initiatives, Fordham Law means business. the staff members of Windows on the World, the restaurant on top of the World Trade Center, didnt want to go their separate ways. They banded together to create a new space where they all had a voice an employeeowned restaurant called Colors, where everyone from the chef to the matre d to the dish cleaners held a stake in the busines

Business law is about structuring incentives and constraints to get important work done. Getting ethics into that dynamic is a big feature of what we work on all the time. Sean J. Griffith Online extra Hear Professor Griffith discuss business law at law.fordham.edufordhamlawyer SPRING 2013 For dham L aw y er 31

Delaware Supreme Court gave the keynote at last years Eugene P. and Delia S. Murphy Conference on Corporate Law. J. Travis Laster, Vice Chancellor of the Delaware Court of Chancery, recently delivered the Albert A. DeStefano Lecture on Corporate, Securities, and Financial Law. Griffith says the Center adheres to a simple but effective formula in planning the content of all these events. We integrate trends in scholarly literature with realworld events, he says. We try to select topics that can b

T Compliance and SelfReliance he ideas and perspectives that come out of the Corporate Law Center filter through the business law curriculum at Fordham, accelerating the way the coursework keeps pace with new developments in the field. This regularly leads to specialized courses such as Chinese Business Law, Global Corporate Compliance, and Technology Innovation Law and Practice. Other times it inspires wholly new programs offered by no other law school. Case in point the new LL.M. in Corporate

in Compliance With increasing frequency, regulatory agencies and legislators are calling for industries from healthcare to finance to comply with a host of corporate policies, laws, and standards. As a result of this scrutiny, companies large and small are expandingor, in some cases, developing from scratchtheir compliance departments to mitigate their risks, reduce the severity of claims and penalties, and enhance performance and profits. Fordham Law is responding to this urgent professional ne

Fordham Features Business Matters Three Fordham Law alumni have taken important business law matters into their own hands. Practicing law in the business sector is not for the faint of heart. Countless regulatory agencies, byzantine legislation, and the daily vicissitudes of global financial markets seem to conspire against even the most forbearing legal professional. Despite the complex nature of the business law world, a trio of Fordham Law alumniAndrea Bernstein 77, Eric Grossman 93, and Karl

As hard as I worked as a young associate, those were the good old days. Nothing can match the 247 pace of law practice now, says Bernstein. With email, Blackberrys, computers, cell phones, and the like, you are never out of touch, and your clients can always find you. But Bernstein admits that what makes it all worthwhile is the people she works with. The great thing about transactional law is that if you do it right, you reach consensus, and each side walks away happy. When youre in an inhouse

For me, contracts and torts were two very significant firstyear courses, says Grossman, who was a member of the Fordham Law Review during his law school days. Those two subjects are the root of many disputes that occur in business law, and I encounter those areas constantly. including regulatory compliance and customer, media, supplier, and other agreements as well as insurance. He was also a founding principal in 1997 of Bloomberg Tradebook LLCBloombergs electronic agency brokerage platform fo

Fordham Features Real dreamer Ramona Ortega 13 has spent her life achieving one dream after another. for LA Weekly, a researcher for Manpower Demonstration Research Corporation MDRC, and a social scientist at Women of Color Policy Network at New York University. A fluent Portuguese speaker, she also started Cidado Global, a nongovernmental organization founded to serve the Brazilian community in the areas of leadership and human rights. I think that every position I have had up to law school h

poverty, and incarceration. She contributed substantially to implementation of and compliance with the Convention on the Elimination of All Forms of Racial Discrimination. In 2002, HRP spearheaded a citywide effort to draft legislation to amend the New York City administrative code in order to create a more proactive and systemic response to the disparate impact in public policy, says Ortega. The desire to attend law school came about during her international human rights work. I was working wit

Fordham Features Master of the Seven Seas This summer, Fordham Law bids farewell to Professor Joseph Sweeney, a giant of maritime law. I am working on several scholarly projects that will require the continued use of Fordham Laws splendid research opportunities as well as the Schools fine academic support, says Sweeney, who regards his postteaching life as an opportunity to further his research and writing. A recognized expert in maritime and admiralty law, aviation law, and international law,

Maritime law is a constantly developing field, Sweeney says. Its future will involve greater regulation of the industry in the interest of safetyof passengers, cargo, and the environment. The soontobe emeritus professor credits his experiences as a JAG officer as having been invaluable for advising clients, consulting commanders, conducting formal investigation, prosecuting and defending criminal cases, and teaching classes. During his 47year teaching career, Sweeney has instructed approximately

1 2 3 4 PHOTO ALBUM 42 topping out Distinguished alumni and friends of Fordham University and the Law School gathered on November 16, 2012, to celebrate the topping out of the Universitys new law school building and undergraduate residence hall. Portable heating units were on hand to warm the guests, who donned their winter coats, and the promise of a completed building for the 2014 academic year fired everyones spirits. For dham L aw y er S P R I N G 2 0 1 3

5 6 7 8 10 9 11 1 Joseph M. McShane, S.J., President of Fordham University, addresses the guests. 2 Father McShane, Judith Livingston, and Fordham Law Dean Michael M. Martin. 3 John Costantino 70, Gotham Construction Chairman and CEO Joel Picket, and University Vice President for Administration Thomas A. Dunne. 4 Father McShane, Thomas J. Kavaler 72, Hon. Loretta A. Preska 73, Dean Martin, and Chair of the Fordham University Board of Trustees Robert D. Daleo. 5 Father McShane, Edward Gre

News dora Galacatos 96 appointed executive director of the Feerick Center Dora Galacatos 96 was appointed Executive Director of the Feerick Center for Social Justice. She succeeds Professor John D. Feerick 61, who has taken the title of Senior Counsel and remains actively engaged in the activities, administration, and planning for the Center. Galacatos has been with the Feerick Center since its creation in 2006 and began her director duties January 1, 2013. Doras dedication to the Centers noble

sean Griffith and richard squire elected to american Law institute Professors Sean Griffith and Richard Squire were elected members of the American Law Institute, the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. As two of 29 new members, Griffith and Squire have the opportunity to influence the development of the law in both existing and emerging areas to work with other eminent lawyers, judges, and academics

Center on national security talks Modern Warfare, Cybercrime, and Hollywood The Center on National Security hosted four events that addressed hot topics in politics, technology, and popular culture. On January 28, former FBI Special Agent Ali Soufan joined author Jane Mayer and filmmaker Alex Gibney to discuss the controversy surrounding Kathryn Bigelows film Zero Dark Thirty. At the center of the discussion was Bigelows depiction of torture, which panelists agreed misled the audience into belie

doing Business with China As the Chinese economy continues to expand beyond its borders into American territory, the media has maintained a sharp focus on big business deals between the two countries as well as on a number of significant legal disputes. On January 28, 2013, Fordham Law hosted a conference that addressed these important, timely issues. Deals and Suits Challenges and Opportunities for Chinese Companies Doing Business in the United States brought prominent members of the judiciary,

Crowley scholars advocate for Human rights in Bolivia Five members of the 2012 Crowley Program in International Human Rights traveled to Bolivia to conduct human rights advocacy and meet with lawyers, members of nongovernmental organizations, and detainees. Crowley Fellow Aya FujimuraFanselow and Fordham Law students Zohra Ahmed 13, Stephanie DiFazio 13, Zachary Hudson 13, and Jeffrey Severson 13 first visited the country in May 2012, at which time they and other members of the Crowley Program c

Journals Celebrate anniversaries, tackle issues at symposia On March 1 and 2, the Fordham Law Review hosted a distinguished group of legal scholars, historians, and philosophers in a symposium on New Originalism in Constitutional Law. The event explored the complexities and controversies surrounding the idea that modern constitutional interpretation is bound by the meaning or intent of its original authors. New originalism holds that there are two components of constitutional law interpretation,

Class Notes 63 Jon N. Santemma joined Farrell Fritz as Counsel in eminent domain, tax certiorari, and condemnation law. Santemma was the founding Partner of Santemma Deutsch, LLP, the Nassau County, New Yorkbased firm concentrating in real estate tax review and eminent domain law. New Jersey Healthcare Facilities Financing Authority, and the New Jersey Educational Facilities Authority as well as financings of various municipalities, school districts, and local authorities. 69 Kenneth Held, De

1997, Brennan served on active duty with the U.S. Navy ashore and afloat and with the U.S. Department of Justice in the Civil Division. 83 Hon. Robert Mulroy was appointed to the New York City Family Court in January 2013. Prior to his appointment, he was a solo practitioner specializing in family law and was a Support Magistrate and subsequently Deputy Chief Magistrate of New York State Family Court. Janet OConnor Cornell opened a litigation boutique in 2010 with her partner, Keith Grace. The

86 Susan Bai, Sales Associate with Prominent Properties Sothebys International Realty office in Ridgewood, New Jersey, was recognized for her top sales performance in 2012. dana B. Klinges, a Partner at Duane Morris LLP, was honored by the Chambers USA survey of the American legal profession. Klinges received a citation for excellence in litigation general commercial. Willajeanne McLean, Dean at the University of Connecticut School of Law, was featured in the Connecticut Law Tribune article UCo

Christopher B. Spuches was elected Partner at Ehrenstein Charbonneau Calderin in the firms Dispute Resolution group. 97 Palmina Fava was named a Rising Star in compliance and ethics in the Ethisphere Institutes 2012 ranking of Attorneys Who Matter. Ethisphere recognizes approximately 100 outstanding attorneys annually based on peer and client review, participation in highprofile cases, and overall success. Fava was also named Woman of the Year by the Kidney Urology Foundation of America in re

Submit a Class Note law.fordham.educlassnote Tania Perez was elected Partner at Fulbright Jaworski. Aaron E. Zerykier was promoted to Counsel at Farrell Fritz. He concentrates his practice in commercial litigation and represents businesses, public entities, financial institutions, and individuals in disputes involving contracts, real estate, insurance, franchises, and business tort matters. he counsels clients concerning their intellectual property portfolios. 01 diana Gomprecht was promot

Stanley Tarr was elected Partner at Blank Rome LLP. Tarr concentrates his practice on bankruptcy and business reorganization matters. 07 James d. Mandolfo joined the Orlando, Florida, office of U.S. Attorney Robert E. ONeill. Mandolfo is assigned to the Criminal Division. Before joining the office, he practiced with the firm of Hunton Williams LLP in Miami, where he represented clients in a wide array of complex securities and commercial litigation. Fordham alumna receives Federal Clerkship

Marriages Births Michael Camarinos 11 and his wife, Lauren, welcomed a son, Nicholas John Michael, on November 5, 2012. Brett Coffee 96 and his wife, Lara, welcomed a daughter, Ainsley Grace, on September 7, 2012. She joins big brother Caden 2. Jessica Cortes 01 and Lee Cortes 03 welcomed a son, Logan Max, on September 6, 2012. He joins big sisters Riley 5 and Madeline 3. Robert Cosgrove 99 and his wife, Simone, welcomed a son, Declan Alistair, on December 4, 2012. He joins Aidan 9, Scarlett 6,

any big summer plans Here are ours Continue that ConstruCtion projeCt. We are on schedule to begin the 20142015 academic year in the new Law School building, but we could use your help to finish the job. Learn about naming opportunities at law.fordham.edunewbuilding. pay the bills. The Fordham Law Annual Fund is the Schools primary source of unrestricted funds. It helps support everything from clinics to centers and institutes to faculty salaries. Make a gift to the Annual Fund at law.fordham.ed

140 West 62nd Street New York, NY 10023 On February 27, 2013, the Fordham Law Clinics celebrated 25 years of excellence with a cocktail party for clinic alumni and faculty. Nearly 250 alumni attended the event, where Associate Professor James A. Cohen top left and former Dean John D. Feerick 61 bottom right were honored for their efforts in launching the Schools first clinic in 1987. The honorees were introduced by alumni Francisco Pardo 12 and Kristen McIntosh 12 bottom center. The evening beg

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