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Fordham Lawyer The Magazine of Fordham Law Fall 2012 Questioning Authority Professor Abner S. Greene asks whether the state is justified in demanding general obedience to law. Page 12 The Law of the Land Professor Nestor Davidsons Property Works in Progress conference knows no boundaries. Page 16 A Century of Excellence Fordham Laws evening program turns 100. Page 28

Deans Letter is fall, we welcomed to the Law School 435 J.D. and 146 LL.M. candidatesthe next generation of Fordham lawyers. ese new students will be, in only a few short years, the new faces of the legal profession. ey will bring diverse perspectives and fresh ideas to the law. ey will serve their clients and communities with alacrity and honesty. ey will strengthen the reputation of the Law School with their achievements and accolades. During orientation in August, the President of the Fordham

Fordham Lawyer The Magazine of Fordham Law School 2 6 10 12 Business as Usual A conversation about the changing field of corporate law Prison Growth An Empirical Assessment John Pfaff By the Book Fall 2012 Questioning Authority Professor Abner S. Greene asks whether the state is justified in demanding general obedience to law. The Law of the Land Professor Nestor Davidsons Property Works in Progress conference knows no boundaries. Off the Beaten Path Summer study abroad makes a world of diffe

Q and A Business as Usual A conversation with four Fordham Law professors about the changing field of corporate law 2 For dham L aw y er FALL 2012

I n the past decade, the landscape of the corporate and financial industries has been redefined by two largescale economic crises and by the subsequent rules and regulations enacted to prevent future shakeups. To discuss the role the law plays in the everevolving world of business, Fordham Lawyer sat down in July with four professors Sean J. Griffith, T.J. Maloney Chair in Business Law and Director of the Corporate Law Center Associate Professor Caroline Gentile Associate Professor Martin Gelt

citizens to pay taxes, and the ability of the government to collect those taxes and to use them wiselyare difficult to quantify, creating a moral hazard problem. The other significant difference, particularly with countries whose economies are struggling, is the presence of very large international financial institutions like the International Monetary Fund and the World Bank that promote growth and development, in addition to facilitating the repayment of debt. Gelter Also, unlike a corporation

be done by an expert agency that is able to reform over time. In DoddFrank, I think there was a lot of political pressure to make real substantial reforms, and the regulated entities were fairly successful in making sure that most of the reforms depend on implementing regulations down the line. Are current statutes doing enough to protect individual investors Thel The statutes accomplish two ends They protect investors from fraud and from being misled, and they also affect the way capital is de

Ex Libris Prison Growth An Empirical Assessment John Pfaff T here has never been a better time to be an empirical legal scholar the wide availability of sophisticated statistical software and prodigious computing power allow for rigorous, datadriven research. Professor John Pfaff is at the forefront of this development in legal scholarship, and he is committed to improving the way that empirical evidence is used in academia. Pfaff received a J.D. and Ph.D. in economics from the University of C

Using two datasets that BBL overlooked, I demonstrate that the growth in prison populations, at least since the mid1990s, has been driven almost entirely by change in precisely one part of the criminal justice chainthe prosecutors decision to file a felony claim. To start, such filings have clearly driven prison admissions. Between 1994 and 2009,1 prison admissions grew by 40 felony filings, by 37. At the same time, the crime rate and total arrests fell, and admissions per filing remained flat.

It is worth asking why filings per arrest have risen. One factor that may explain some of this growth is changes in offenders prior records. The story is simple as a result of the spike in crime from the 1960s to the early 1990sand the attendant increases in arrests, convictions, and incarcerationsthe fraction of defendants with multiple priors may be larger in the 1990s and 2000s than in the 1980s. If prosecutors are generally more likely to file charges the longer a defendants record, then fil

Ex Libris The connection between longer prison terms and increased prison populations, however, is perhaps more tenuous than its plausibility might suggest. Figure 2, for example, which compares annual admissions to and releases from state prisons since 1977, suggests it is unlikely that time served has grown too dramatically. A significant lengthening in time served would cause releases to grow at an increasingly slower rate than admissions while that happens somewhat between the late1980s and

bY THE book Online extra View the 20112012 faculty bibliography at law.fordham.edubibliography Photographs by Jim Barber Sheila R. Foster Comparative Equality and AntiDiscrimination Law Cases, Codes, Constitutions, and Commentary In this firstofitskind casebook, Professor Sheila R. Foster and coauthors David B. Oppenheimer and Sora Y. Han examine the development of laws around the world grappling with social inequality based on human differences. Comparative Equality and AntiDiscrimination Law

Tanya Hernandez Joseph C. Sweeney Racial Subordination in Latin America The Role of the State, Customary Law, and the New Civil Rights Response Latin America has long prided itself on its absence of statemandated Jim Crow racial segregation laws. To the approximately 150 million people of African descent in Latin America, however, the region may not be so unlike its U.S. neighbor during its regrettable separatebutequal period. Professor Tanya Hernandezs book Racial Subordination in Latin Ameri

QUESTIonInG AUThoRITy PRofESSoR ABnER S. GREEnE ASkS WhEThER ThE STATE IS jUSTIfIED In DEmAnDInG GEnERAL oBEDIEnCE To LAW. T he United States is a liberal democracy with a constitution, judicial review, expansive rights for its citizens, and assorted checks and balances in place to help ensure the system stays fair for everyone. So its safe to assume that U.S. citizens have a moral duty to obey the laws of the land, right including voting natural duty to obey just institutions associative obl

FALL 2012 For dham L aw y er 13

hIS ARGUmEnT IS ThAT ALL ThE SoURCES By WhICh WE GovERn oUR LIvESThE STATE, BUT ALSo RELIGIon, fAmILy, TRIBE, AnD CULTUREShoULD START off on EQUAL fooTInG. ITS An ARGUmEnT foR A kInD of vALUES PLURALISm. political obligation and developed an alternative approach, a solution he calls permeable sovereignty. His argument is that all the sources by which we govern our livesthe state, but also religion, family, tribe, and cultureshould start off on equal footing. Its an argument for a kind of values

More accommodation wouldnt lead to anarchy or chaos, he says. It would actually help foster independent thinking and reduce the rigidity thats sometimes prevalent in law. Conversely, Greene says that treating the states laws as even just presumptively binding though subject to override could lead to discontent among citizens following different sets of norms. You have to think about how various people would react if not permitted to live by the norms of their religion, philosophy, family, tribe,

The Law of the Land F rom the housing crisis to the quandary of intellectual property during the Internet age, legal issues in the wideranging field of property stand as among the most complex and relevant to our time. To untangle and explicate the intricacies of property law, many of the best minds in the field gathered at Fordham Law last spring to attend Property Works in Progress 2012, a conference drawing legal scholars from as far away as Australia and Israel. Held from May 31 to June 2, t

Joseph Singer, Bussey Professor of Law at Harvard Law School and a veteran attendee of Property Works in Progress, describes the gathering as a crucial forum for interaction among property law scholars that enables us to improve our scholarship and allows us to exchange ideas, test theories, and to give and receive suggestions and useful criticism of our work. This was the case with Molly Schaffer Van Houweling, a Professor at University of California, Berkeley Boalt Hall Law School and Faculty

Left to right Larissa Katz, Daphna LewinsohnZamir, and Nestor Davidson Left to right Avihay Dorfman, Hanoch Dagan, Abraham Bell, and Stewart Sterk Rashmi DyalChand and Daniel Kelly and Urban Development HUD and litigated in the finance and real estate departments at the prominent firm Latham Watkins. Nestor produces great property theory, but he can also teach students what a real estate deal looks like, says Foster. Over lunch, Davidson and Barros agreed that there was a need for a single ev

Left to right Adam Mossoff, John Infranca, and Joseph Singer Left to right Thomas Merrill, Henry Smith, and Bernadette Atuahene Molly Van Houweling Left to right Amnon Lehavi, Daniel Fitzpatrick, and Abraham Bell Thomas W. Merrill, the Charles Evans Hughes Professor of Law at Columbia Law School, presented a paper about property rights on the Chicago waterfront Uncertain Status of Property Rights in Reclaimed Land Herein of the History of Streeterville. Bernadette Atuahene, an Associate Profe

Patty Brown Ch ristens on the Path ff en O eat B While many law students choose the familiar summer associate route after spring classes let out, others opt for international legal experiences across the Atlanticor the Pacific. Fordham Law sponsors three study abroad programs during the summer in Ghana, Korea, and Ireland. Despite the oceanic distance between these countries and the Law Schools New York campus, these popular programs provide students with a legal experience as rich as those o

with the generous support of the Leitner Center, we were able to expand the internship program into a fullfledged summer program to accommodate up to 30 students in both academic courses and internships. The aim of the established program, under the direction of Professor Paolo Galizzi, is to offer students the opportunity to study international and comparative law in an entirely new culture and legal system, while simultaneously witnessing the path and development of democracy firsthand. Our st

Lately, the program has been crossoffering its courses with Korean students from its host institution, Sungkyunkwan University Law School located in downtown Seoul, and has had about 50 Korean students attend per year. As many as 60 students from top law schools across the United Statesincluding Columbia, Berkeley, and Chicago participate each year, but Lee says the largest contingent of students each summer is from Fordham Law. Mat Thomas 14 is one of those Fordham students. Thomas, whose broth

Lin Ruan 14 also recently returned from Belfast. Ruan who knew of the international program before applying to Fordhamwas motivated to take advantage of the Schools summer program for a number of reasons. I never went on a study abroad trip during college, and it turned out to be one of my biggest regrets because the opportunity to live in another country for an extended period of time is very rare once you start working, says Ruan. Living in an increasingly integrated world, I think it is very

Big PLANS 24 For dham L aw y er FALL 2012 Illustration by Steve Moors

The Fordham Law Alumni Association approves a historic strategic plan. A round 1948, James B.M. McNally 20, Presiding Judge of the New York State Appellate Division, First Department, devised a brilliant plan. He would round up an enthusiastic band of his fellow Fordham Law alumni and formalize the structure of the Fordham Law Alumni Association. The FLAA had already been in existence for a solid 35 years, but McNally wanted to ensure the Association would thrive well into the future. With the

Big g MeMbership Governance enGaGeMent Substantially increase membership and provide increased value to duespaying members. Continue to diversify the FLAA Board so that all members feel welcome and valued. Ensure that the dues structure is responsive to the needs of alumni and students. Increase the value of membership to alumni. Create structures to facilitate student membership and active involvement in the FLAA. Our alumni community has always been strong and engaged, but we need to do eve

OALS Each of the six key priorities of Fordham Law Rising contains distinct strategic objectives. DevelopMent Create greater visibility for the financial needs of the Law School and encourage both students and alumni to take an active fundraising role. Focus on the concepts of excitement, tradition, and knowledge to advance the existing alumni committees and the infrastructure staff, programs, data, and systems necessary to support the ongoing expansion and evolution of alumni fundraising and

EVENING PROGRAM CELEBRATING FORDHAM LAW As Fordham Laws topranked evening program turns 100, some of its most dedicated advocates reminisce about its past. F ordham Law School opened its doors in 1905. Seven years later, it opened the doors of its parttime evening program, and this year marks that programs 100year anniversary. Gary Wigmore, the head of Milbank, Tweed, Hadley McCloys Project Finance Group in Asia, graduated from the evening program in 1982. He recalls a colorful roster of c

professional experiences. This dialogue made the atmosphere of the evening program vibrant, rewarding, and exciting. These diligent evening students ultimately graduated to become distinguished alumni. Reilly, for one, was amazed at the roster of prominent alumni when he went searching for them Geraldine Ferraro, U.S. District Judge Kevin T. Duffy, the Chief Judge of Connecticutit was eye opening. Reilly admired the determination of the evening program alumni. Nobody was handing anything to thes

in 1963, and in 1966 he was awarded the Universitys Bene Merenti medal in appreciation of his 20 years of service on the law faculty. Manning, who joined the faculty in 1948 and whose area of expertise was constitutional law and conflicts of law, was later named the Alpin J. Cameron Professor of Law, the Law Schools first endowed chair. Byrn began teaching at Fordham Law in 1963, four years after he graduated from the evening program. The fulltime faculty, at least after a while, had to teach bo

full time, going to class, finding time to study on the train or late at night and some of my classmates had a long commute and young families on top of it all. But we knew we were all in it together. That bond has continued many years after graduation. Byrn adds, from his own experience, When there was a 10minute break, wed go downstairs to the bar across the street. Wed have a few beers, he says. We didnt miss a minute We had a lot of fun. Byrn hadnt been teaching too long in the 60s when the

Fordham Features Army Strong Colby Horowitz 14 heeds the call of military and legal duty. family had any serious relationship with the military, except for my grandfathers during World War II, when everyone served, he says. An honor roll student, captain of the debate team, and a National AP Scholar, Horowitz himself had all the marks of a conventional Ivybound high school student. But his classmates routes seemed too conventional. Horowitz had a passion for public service, a desire to do some

Rules of Engagement could have lifeordeath implications for soldiers, he says. Horowitzs passion for law and debatehe was an AllAmerican and Academic AllAmerican policy debater at West Pointis inseparable from his passion for military service. My military experience helps to place my legal studies in perspective, he says, pointing out that it is a practical supplement to the more theoretical component of a legal education. Its no surprise then that some of Horowitzs primary legal interests are t

Fordham Features All Positions filled Yun Choe 15 has already mastered science. Now she excels in the law. In 1987, Choe moved to the United States to pursue a Ph.D. in chemistry at Rutgers. She recalls, I wanted to contribute something to society like discovering and developing medicine for someone. Thats exactly what she did. Since completing her doctoral degree, Choe has helped to innovate technology in the field of medicine for Enzon Pharmaceuticals, discovered and patented ways of using p

Im glad I made certain contributions to the field, she says about her years in research and development. But now she was ready to take on a new challenge. She became increasingly interested in the legal side of science and how she could share with her clients not only her science acumen, but also her developing legal interest. In three years, she will have a Fordham Law J.D. to add to her already lengthy rsum. As for her most recent transition from working mother to law student, Choe admits its

Fordham Features Legally, and morally, Binding Agreements Professor Aditi Bagchis research explores the full spectrum of contract law. T he words contracts and passion may sound antithetical to most people, even to many lawyers. For Professor Aditi Bagchi, however, contracts are a passiona subject rich with moral ambiguity and complex ethical questions. Where others see a body of tedious, formal agreements written in stilted language, Bagchi finds an immensely fascinating domain of ideas whos

undertakes to prioritize the interests of the other person within some context, and the burden of her promise adjusts to new facts. Private promises do not serve their relational purpose when backed by court enforcement. When someone performs under threat of sanction, the other person cannot be sure that she would have performed in the absence of the sanction. Similarly, relying on someones promise does not communicate trust when you have the assurance of a legal remedy. Bagchi argues that separ

Fordham Features most honorable Six Fordham Law alumnae describe their experiences serving in federal courts. In 1918, by way of an advertisement in the New York Times, Fordham Law publicly opened its doors to women. In 1921, three years later, three womenPatricia OConnell, Mildred OConnell, and Ella Ralston graduated from the Law School. Ralston went on to become the first Fordham Law woman to pass the New York State Bar. In 1924, the first AfricanAmerican woman, Ruth Whitehead Whaley, graduat

that no matter whether you are a lawyer or a judge you must be well prepared, considerate, and respectful toward others. Judge Cecchi, whose maiden name is Chadirjian, met her husband, James Cecchi 89, at Fordham Law on the first day of school. We sat together as our surnames both started with the letter C, and the sections were divided that way. We had Judge Denny Chin, then a lawyer, as our legal writing professor. The two married the summer after graduation and recently celebrated their 23rd

hon. marian Blank horn 69 Judge Horn, who received the Deans Medal of Recognition from the Law School in 1995, was appointed by President Ronald Reagan and confirmed by the U.S. Senate as a Judge of the U.S. Court of Federal Claims in 1986 and reappointed by President George W. Bush in 2003. She presides over large, complex, and often highdollar cases, involving such matters as government contracts including bid protests, patents, tax, Fifth Amendment takings, military pay, Native American right

hon. Loretta A. Preska 73 Judge Preska is the Chief Judge of the U.S. District Court for the Southern District of New York. As Chief Judge, the most challenging part of the job is keeping up with everything that is going on in the court, says Judge Preska. The court works through its committees, for example, the Rules Committee, Clerks Office Committee, Grievance Committee, Criminal Law and Probation Committee, Defenders Services Committee, and Security Committee, and the committees are always b

hon. Cathy Seibel 85 Judge Seibel serves on the U.S. District Court for the Southern District of New York. I dont think I appreciated it at the time, but the education I received at Fordham Law School had just the right balance of the theoretical and the practical, she says. Fordham also has a great network of alumni who are always looking out for each other. Judge Seibel points to Judge Joseph McLaughlin 59, the former Dean of the Law School, as one of the first legal professionals to inspire h

hon. marilyn h. Patel 63 On September 30, 2012, after 32 years on the bench, Judge Marilyn Patel retired from the U.S. District Court for the Northern District of California. Judge Patel says she didnt give much thought to serving in the judiciary when she was still a law student. But Fordham has a distinguished reputation for producing many outstanding judges, she says. Perhaps there is a subtle influence that imbues one with the confidence to pursue a judgeship. She points out that Fordham Law

NEWS LeitnerCenterReport ViolationsAboundDuring OccupyMovement Fordham Laws Walter Leitner International Human Rights Clinic coauthored a report that details instances of police misconduct during the Occupy Wall Street movement. In the 132page report, Suppressing Protest Human Rights Violations in the U.S. Response to Occupy Wall Street, the Leitner Clinic and NYU Laws Global Justice Clinic catalog 130 specific alleged incidents of excessive police force and hundreds of additional violations, in

Workingwiththe BrazilianJudiciary In June, Fordham Law hosted a delegation of judges and other legal professionals from Brazil as part of the International Judicial Research and Training Program run by the Office of International and NonJ.D. Programs. The 47 visitorsjudges, public prosecutors, private attorneys, and court clerks came from the states of Pernambuco, Paraibe, Bahia, and Acre and included 14 justices of state supreme courts. RadioCityLegalSpectacular On May 20, Fordham Law held its

Patents ASmartphoneIdea The Center on Law and Information Policy CLIP at Fordham Law received a grant from the World Intellectual Property Organization WIPO to research and report on the acquisition and use of patents in the smartphone industry. The objectives of this new research are to obtain and analyze data that can provide insight on the openness of the smartphone market and to report on the impact that the ownership and enforcement of patents is having on the accessibility of the market. T

NewLectureSerieson LawandEconomics NERA Economic Consulting has established the Fred Dunbar Memorial Lecture in Law and Economics at Fordham Law. The series is named for longtime NERA securities expert Fred Dunbar, who died in February. The inaugural lecture will take place on April 8, 2013. Fred was one of our nations leading securities and finance experts and a valued member of our adjunct faculty, said Fordham Law Dean Michael M. Martin. We are pleased to celebrate his legacy through this lec

TheDemiseofBinLaden,theFutureof TerrorProsecution,andGovernmentSecrets In a QA with NBC Chief Foreign Correspondent Richard Engel, Peter E. Bergen, author of Manhunt The TenYear Search for Bin Laden from 911 to Abbottabad Crown, 2012, recounted the quest to produce Osama Bin Ladens whereabouts. He created a prison of his own making, Bergen said of Bin Laden, who was living a hermitlike existence inside a walledin, threestory structure on a hill overlooking Abbottabad, Pakistan. The May 18 event

SymposiumExplores SupremeCourtRulingon Obamacare On October 4, the Fordham Law Review invited some of the nations most preeminent scholars to discuss the farreaching implications of the Affordable Care Act, commonly known as Obamacare. The daylong symposium, Health Care and the Constitution, consisted of a series of panels that examined many facets of the Supreme Courts historic decision in National Federation of Independent Business v. Sebelius. Topics included constitutional boundaries and def

Class Notes 59 Eugene Souther received the Lifetime Achievement Award at the annual Golden Rams Luncheon on September 14, 2012. He has practiced law since 1959, the same year he began serving as a member of the Board of Directors of the Fordham Law Alumni Association. In presenting Souther with the award, Dean Michael M. Martin called him a constant champion of the Law School and the consummate Fordham lawyer. Paul A. martineau was honored at the 113th Annual Banquet of the Westchester County Ba

john fallon has joined Kaye Scholer LLP as a Partner in the firms corporate department. hon. Sherry klein heitler, Judge for Civil Matters, First Judicial District, received the Justice Louis J. Capozzoli Gavel Award at the New York County Lawyers Associations annual Law Day Luncheon on April 27, 2012, at Cipriani Wall Street. Hon. Loretta A. Preska 73 presented the Law Day remarks. tion. As First Chair of the NYSBA Dispute Resolution Section, Baum led a panel titled Getting Past Impasse. 78 R

84 joyce BolandDevito is featured in Princeton Reviews The Best 300 Professors book. BolandDeVito is a tenured professor of business law at St. Johns University College of Professional Studies, where she is completing her 25th year of service as a professor. Brian Clark, a labor and employment defense litigator, has joined Venable as Partner. Clark was previously a Partner at Clifton Budd DeMaria. Robert Insolia has been named Managing Partner at Goodwin Procter. Insolia will become only the fi

Legend CorporationThe Rilin Group, a multinational Chinese conglomerate. Judge Holdman also serves on the Executive Advisory Committee of the National Center for Judicial Security based in Washington, D.C., with the U.S. Marshals Service, Department of Justice. Andrew W. Schilling, Chief of the Civil Division of the Manhattan U.S. Attorneys Office, has joined BuckleySandler LLP in the firms New York office as a Partner in its Litigation and Government Enforcement Group. Andrew Shipe has been na

Carl hum has been appointed by the New York City Districting Commission as its Executive Director. Evelyn Lim has joined Chadbourne Parke as Partner in the firms Los Angeles office. Lim previously served as Senior Vice President and General Counsel for Element Power. joseph T. mckernan has joined the law firm Hodgson Russ as a Partner in the Real Estate Finance Practice Group. McKernan is a resident in the firms New York office. Brian Seymour from Gunsters West Palm Beach office was recognized

Christine mikail joined the Dendreon Corporation as Executive Vice President, Corporate Development, General Counsel, and Secretary. Robert Scheef has joined McKool Smith as Principal. Scheef was previously Of Counsel at Quinn Emanuel Urquhart. Peter Serating has been elected Partner at the New York office of Skadden, Arps, Slate, Meagher Flom LLP. Serating is a member of the firms MA practice. Eric Tajcher has been elected Partner at Morgan, Lewis Bockius. Lissa Gangjee has joined Sentinel T

Marriages Births Brian P. Boland 81 married Leigh Wainwright on September 17, 2011, in Manhattan in the Church of St. Catherine of Siena, the same church in which Bolands parents were married 60 years earlier after their emigration from Ireland. Boland is Senior Vice President, Corporate Counsel for UMB Financial Corporation and its banking subsidiaries. Steven Coury 99 and Laura holland Treanor 00 were married on October 1, 2011, at St. Stephens Church in Ridgefield, Connecticut. michael Davis

BE A GAME CHANGER for the Fordham Law Campaign ANNUAL FUND CENTERS INSTITUTES FACULTY CHAIRS SCHOLARSHIPS NEW BUILDING MILLION TO GO 2.6 MILLION TO GO 3 MILLION TO GO 4 MILLION TO GO 6 MILLION TO GO 21 YOUR GIFT WILL HELP MAKE IT A BANNER YEAR FOR THE LAW SCHOOL Ways to Give ONLINE. Visit law.fordham.edugiving and choose Law School Annual Fund as your Fund Choice. MAIL. Mail your checkmade payable to Fordham Law Schoolto O ce of Advancement, 140 W. 62nd Street, New Yor

140 West 62nd Street New York, NY 10023 Constantine N. Gus Katsoris 57 is so legendary at Fordham Law that he has been immortalized on canvas. On May 9, 2012, approximately 150 fans of the beloved professor gathered in McNally Amphitheatre to celebrate the unveiling of his portrait painted by Fordham Law alumnus John McCabe 72. I am deeply humbled and most grateful at the thought that my portrait should hang in the Law School that has been my second home for all of my adult life, Professor Kat

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