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Fordham Lawyer The Magazine of Fordham Law Fall 2013 CLEAR AND CONVINCING EVIDENCE Professor Daniel J. Capra shapes the rules on evidence and criminal procedure in court as de ly as he teaches them in class. PAGE 14 Capital Player Professor Catherine Powell returns to Fordham Law a er human rights work in the Obama administration. PAGE 18 Overseas Families Professor Clare Huntington and her students traveled to India to compare family law issues. PAGE 26

Deans Letter In a time of nationwide contraction in the law school applicant pool, it might seem counterintuitive to talk about growth. However, I see growth as a central tenet of the coming years at Fordham Law. We all recognize that students grow during their law school education, progressing from the core studies of the 1L year to the summer placements, clinics, externships, study abroad opportunities, and electives of their upperdivision years. Professors experience growth, too, with each ne

Fordham Lawyer The Magazine of Fordham Law School 2 8 12 14 Labor Intensive A conversation about labor and employment law The Right to Representation Bruce Green By the Book Clear and Convincing Evidence Professor Daniel J. Capra shapes the rules on evidence and criminal procedure in court as deftly as he teaches them in class. Capital Player Professor Catherine Powell returns to Fordham Law after three years of human rights work in the Obama administration. Empire State Service Eleven Fordham

Q and A Labor Intensive A conversation with four Fordham Law professors about labor and employment law Illustrations by Steve Moors 2 For dham L aw y er F A L L 2 0 1 3

C onsumers can be an exacting bunch, demanding the latest gadget, the trendiest fashion, the cheapest good, the best value. The market reacts to consumer caprice, sometimes in the process treating workers like fungible widgets rather than respecting them as persons with dignity and selfworth. How does the law address these oftenunbalanced relationships in the labor market To discuss this and other related questions, Fordham Lawyer spoke with four experts in labor and employment law Associate Pr

cases the courts have been willing to overlook the immigration violation for the sake of creating a floor in the workplace. The glaring exception is the Supreme Courts 2002 holding in Hoffman Plastics, denying the undocumented the protections of the National Labor Relations Act in the context of union organizing. Legislatively, immigration reform is currently stalled in Congress. who presumably understand that if they are not successful in organizing transplant workers, they will be hardpressed

the workplace. What I have found to be very interesting is the question of wage transparency. Part of the difficulty for U.S. workers to earn equal wages is that they dont have any information. By contrast, in countries such as Austria and Belgium, there are mandatory wage transparency laws, particularly with respect to gender. Women there have information about how much they are not being paid and so they can make claims for equal wages. On that level of transparency, Austria and Belgium provid

In April 2013, a garment factory in Bangladesh collapsed, killing over 1,000 workers. What responsibility, if any, do global retailers carry in this tragedy How can the law and or government legislation help prevent future catastrophes like this Brudney After the collapse of the Rana Plaza factory building in April, a number of multinational companies participating in the garment industry entered into a fire and safety building accord that reflects what Aditi refers to as private transnational r

Bagchi It is plausible that retailers bear some responsibilityeven if they are not culpablefor the harms made more probable by their terms of trade. But not all moral responsibility translates into legal responsibility. Even where legal liability does track moral responsibility, when we look back we see that it usually takes a while for moral responsibility to find its final legal form. It is possible though maybe not likely that we are in the middle of some kind of evolution with respect to ret

Ex Libris The Right to Representation Bruce Green Prosecutors are both government officials and trial lawyers. As government officials, they have a duty to seek the sound, impartial development and implementation of criminal lawa duty to seek justice. As trial lawyers, they have a duty to be zealous advocates. How should they balance these obligations As both teacher and scholar, Professor Bruce Green has explored the ethics of prosecutors and other government lawyers for more than two decades.

G ideon v. Wainwright 1 makes a compelling story. Charged with breaking into a poolroom to steal coins and cigarettes, Clarence Gideon has to defend himself at trial after the judge denies his request for a lawyer. The jury finds Gideon guilty, and while serving his sentence, he handwrites a petition to the Supreme Court. His timing is propitious because the Court is poised to reconsider its earlier ruling in Betts v. Brady,2 which held that states ordinarily have no obligation to provide lawye

While government lawyers undoubtedly see their litigating role as paramount, they also have a responsibility to promote the sound development of the lawa responsibility that grows out of their status as public officials, as government lawyers, and as lawyers generally. Constitutional litigation in the Supreme Court provides an opportunity for prosecutors to contribute to the sound development of the law. Attorneys general and, less frequently, district attorneys take advantage of the opportunity

Ex Libris B. Practical Concerns Attorneys general and district attorneys may decline to take defendants side in criminal cases for pragmatic, strategic, or political reasons, some of which may reflect societal, political, philosophical, and technological changes in the 50 years since Gideon. For example, they may have a pragmatic concern that a new constitutional right may later expand excessively or precipitate costly litigation regarding its scope. State attorneys general may be better attuned

bY tHE bOOK Nestor Davidson Nicholas Johnson Property Law Rules, Policies, and Practices, Sixth Edition Acclaimed for its textual clarity and socially progressive but evenhanded perspective as well as its contemporary, uptodate character, Property Law Aspen continues to serve as a solid foundation for the law of property and the rules governing the property system. This successful casesandproblems book is easily distinguished by its explanations of the social ramifications of property law its e

Michael W. Martin and Paul Radvany Thane Rosenbaum Trial Practice, Second Edition In this new edition of one of the first trial advocacy books, Trial Practice LexisNexis, Clinical Associate Professors Michael W. Martin and Paul Radvany provide a comprehensive update and overview of what it takes to successfully try a case before a jury or a judgefrom trial strategy to implementation. With coauthors Lawrence A. Dubin and Thomas F. Guernsey, who wrote the first edition, Martin and Radvany offer

Clear and ConvInCIng evIdenCe F Professor DANIeL J. CAPRA shapes the rules on evidence and criminal procedure in court as deftly as he teaches them in class. or the better part of an afternoon in 2008, Daniel J. Capra, Philip D. Reed Chair at Fordham Law, staked out the lobby of the Capital Hilton in Washington, waiting for Representative John Conyers, Jr., to appear. Capra didnt have an appointment he had a mission. Judicial Conferences Advisory Committee on Evidence Rules. He regularly publi

productive. Soon after he was appointed by Supreme Court Chief Justice William Rehnquist in 1996, Capra worked on changes to help courts and litigants adjust to the Supreme Courts decision in Daubert v. Merrell Pharmaceuticals, which made trial courts responsible for proving the reliability of expert testimony. He helped create Rules 701703, a package of amendments to the rules governing opinion testimony. When the rules passed in 2000, Capra realized the impact he could make outside academia. T

was designed to aid Chinese lawmakers as they continue to develop the rule of law. China has no constitutional protection against unreasonable search and seizure, and officials there are just beginning to regulate police misconduct, says Capra. Even so, the judges, lawyers, professors, and students at the conference were shocked to learn about the diminishment of privacy rights in Americaa trend that has only been exacerbated by the NSA spying program. Doing such useful work has steered Capras w

Capital player Professor Catherine Powell returns to Fordham Law after three years of human rights work in the Obama administration. I n spring 2009, Catherine Powell stood outside State Department Director of Public Policy AnneMarie Slaughters office, expecting to meet with Slaughter for a casual brainstorming session. Then a professor at Fordham Law, Powell did not anticipate that, soon after she walked through the door, Slaughterthe first woman to head Policy Planningwould offer her a job.

Human Rights and the State Department As Powell was settling into her new position, the State Department was reinventing itself. President Obama and Secretary Clinton had made plans to transform the United States role in worldwide affairs following the Bush administrations sometimesstrained relationship with the United Nations and other international groups. Their goal, Powell says, was to restore U.S. leadership in the arena of global human rights and reengage with the international community.

A forceful personality was required to manage the demanding workload of the White House staff. Power, Powell says, would liken the experience to an automatic tennis ball machine that feeds out issues and crises in quick succession. Powells training as an academic occasionally made her wish for more than a minute at a time with each issue. You just want to grab one tennis ball and put it down and kind of analyze it, she says. The balls in Powells court involved human rights and refugee issues in

EmpirE statE sErvicE Eleven Fordham Law alumni have been chosen for twoyear public service fellowships at New York state agencies. Even among law students with a passion for public interest, working in state government may not sound like the sexiest law job out there. City law in New York City Sure. Federal law in Washington, D.C. Definitely. But state law in Albany In truth, its more exciting than it sounds, says Professor Nestor Davidson, Director of the Fordham Urban Law Center. Its harder t

fresh ideas, and when you bring them in as a community, it can help all those agencies work together. No matter how you do the math, Fordham is well represented in the initiativethe inaugural Excelsior cohort filled 80 open slots with graduates from 11 universities and colleges. Of that 80, 11 come from Fordham Law, which should come as no shock to anyone familiar with the schools emphasis on service. Director of Student Organizations and Publicity Hillary Exter, who coordinated the selection co

lisa vasnani 13 Office of Children and Family Services Vasnani opted for law school after working for a St. Louis nonprofit focused on hunger and food policy. I saw systematic failures and personal struggles, and the law as an approach to both, she says. At Fordham she hadnt settled on any one area of public service until she interned as a guardian for children in abuse and neglect cases with the Cook County Public Guardians Office. That experience makes Children and Family Services the place sh

Jessica r. eber 13 Office of Mental Health When she interned with the Mental Hygiene Legal Service, Eber helped represent mentally disabled patients in the care of state hospitals. Now, as a fellow with the Office of Mental Health, shes on the other side, representing the hospitals. In reality, its not much of a dividing line for Eber, who views both agencies as critically important. The hospitals and the lawyers representing the patients work together with the mandate for public safety in mind,

penny Zhu 13 The Counsels Office of the New York Department of State Witnessing all types of inequality on childhood summer trips to Asia and later in college when she taught English in China, Zhuthe daughter of immigrantsgrew convinced that lawyers can help others make the most of the society they live in by working toward increasing access to and understanding of the law. In junior high she joined the Legal Outreach program, which encourages urban youth from underserved communities to compete

Top to bottom Prescott Loveland 15 with schoolboys at Parikrma Humanity Foundation. Fordham Law students with their NLSIU peers. The wedding of Ankur Doshi and Priyanca Doshi, cousin of Fordham Law student Nita Narayan 14. 26 For dham L aw y er F A L L 2 0 1 3

During the past academic year, Professor Clare Huntington and her students traveled to India to compare family law issues in that country with those in the United States. Following is her travelogue. about the countrys practice In fall 2012, the students of family law firsthand. in my Comparative Family Law course began a yearUpon arriving in India, long seminar on domestic we learned of a recent, violence, sex trafficking, horrifying gang rape of a and child abuse in India young woman in Delhi.

We listened, spellbound, as they described their work with sex workers on the streets of Bangalore and revealed their deep skepticism about the law. One leader said, Please dont mistake the law for reality. They viewed the law as a useless tool at best at worst, it was an additional threat to women. Fordham and NLSIU students. The threehour classes were a terrific crosscultural learning opportunity. On our first day, the Fordham and NLSIU students broke into pairs and described to each other t

watching the morning assembly, which gives the youngest children an opportunity to practice their public speaking skills, our group split up and spent some time in different classrooms, working with the children on their school projects. The NGO visits and class discussions deepened the Fordham students understanding of family law in India, providing a firm foundation for the research projects they would be completing in the spring. Students quickly learned that some anticipated topics, such as

marK tHEir WOrDs Students in the Fordham IP clinic help clients with patent and trademark issues. 1 fig. 1 Soon after Zach Rome, founder of Woodpecker Laboratories, LLC, began developing a new line of childrens toys, he faced a difficult problem how to commercialize and protect his idea without the capital needed to hire a private patent attorney. A friend suggested he look into intellectual property law clinics as a costeffective alternative. When Rome found Fordhams SamuelsonGlushko Intellect

The Fordham IP Clinic offers a huge resource to small startup businesses that might not have a lot of capital or resources to begin with. Intellectual property and being able to have a patent can really be the foundation of what youre doing, Rome says. For him, working with the clinic was also an educational experience. Having gone through the process with the aid of the clinic I have a much better handle of it. I feel much more comfortable with the experience. Joe Lopez had a similarly positive

A Quarter Century of Mastering the Law Fordham Laws LL.M. program celebrates 25 years. launched its Master of Laws program with two specialized programs of study Banking, Corporate Finance Law and International Business Trade Law. The first cohort26 students, representing 17 countriescould comfortably fit inside a single classroom. Today, 25 years later, the only space in the Law School large enough to hold the enrolled LL.M. studentsall 177 of themis McNally Amphitheatre. It should come as no

7 Above, top LL.M. program students, alumni, and administrators in the Edith Guldi Platt Atrium at the 25th anniversary celebration. Above, left LR LL.M. Class of 2010 graduates Massimo Paternoster, Deborah Fournet, and Marina Lytko. Above, center seated, LR Ying Xiang LL.M. 14, Ami Kurakado LL.M. 14, Malika Sultanova LL.M. 14 standing, LR Moujan ShiraziMoayed LL.M. 13, Dimitrios Boumpoulis LL.M. 13, Steeve JimbuemYao LL.M. 13, Mario De Rosa LL.M. 14, and Lisa Oettig LL.M. 14. Above, right LR

Wo r ld Tou r Fordham Laws international alumni chapters attract many loyal fans. Brazil In March, Fordham Law Dean Michael M. Martin, Assistant Dean for International and NonJ.D. Programs Toni M. Fine, and Assistant Dean for Advancement and AVP for External Relations Vera Bullock visited So Paulo, where an admissions event and alumni reception were held for 43 attendees at Peixoto e Cury Advogados. LL.M. graduate Rafael Villac Vicente de Carvalho 09 and colleague Jose Ricardo hosted the event.

Fordham Features The Art of Legal Entrepreneurship The law has helped Robert Sanchez 14 forge a singular path to creative growth. While some might find the relationship between art, business, and the law contentious at best, Robert Sanchez 14 believes that collaboration is the key to personal, artistic, and economic growth. His academic journey has reflected this philosophy, leading him from product development, to founding an arts business, then to the influential New York fashion industry, an

Running Crosby Street Gallery convinced Sanchez to attend law school. After curating an exhibition on fashion law and copyright protection and attending classes offered by the Volunteer Lawyers for the Arts, Sanchez found that he was dedicating much of his time to researching legal matters. He was encouraged to attend law school and ultimately chose to enroll at Fordham Law, whose approach to learning, Sanchez says, matches his own. I chose Fordham because of its reputation for being a school wh

Fordham Features History in the Making Professor Jed Shugerman, an expert in legal history, joins the Fordham Law faculty. On the day Jed Shugerman started as a student at law school, he predicted that Torts would be the least relevant class he would take. Very early on, however, he realized he was mistaken The cases are sometimes tragic, sometimes funny, but they always raise vital questions about right and wrong, about the social contract, and about the purposes of law generally. Shugerman, n

that lawyering matters. History is full of examples of how litigation strategy and hard work produced surprising, socially transformative results, he says. Shugerman is inexorably drawn to historical questions of the law What are the origins of this strange American practice Why do we do things this way Why did this doctrine or that legal institution emerge, and not another set of principles or institutions How have Americans understood justice over time These questions contribute to Shugermans

Fordham Features The Graceful Businessman From the boardroom to the ballroom, Denny Roja 86 never misses a step. Listen to Denny Roja 86 wax enthusiastic about the rhumba and you might be forgiven for mistaking him for a professional dancer. I practice about 15 dances. I dance with anyone who wants to dance with me, he says. As passionate as he is about the ballroom, he is even more enamored of the law and business. The story of Rojas career is a studied choreographydeliberate, thoughtful movem

This poise would land him several jobs in corporate finance at General Foods in New York. He became Director of Corporate Development in charge of worldwide mergers and acquisitions and is credited with being a key driver of the companys acquisitions of Oscar Mayer, Entenmanns, and Ronzoni Italian Foods. Still, Roja felt like something was missing. There was that bug in my system that said I want to be a lawyer, he says. He applied to several law schools and was accepted at five of the top tier,

News Judge Jack Weinstein Receives FordhamStein Prize On November 20, Hon. Jack B. Weinstein of the U.S. District Court for the Eastern District of New York was awarded the FordhamStein Prize. The national honor, bestowed by Fordham Laws Stein Center for Law and Ethics, recognizes one individual each year whose work exemplifies outstanding standards of professional conduct and promotes the advancement of justice. Judge Weinstein has a passion for improving the judicial system he so devotedly ser

Hugh Hansen, IP Maverick Fordham Law Professor Hugh Hansen was named one of the 50 most influential people in intellectual property by Managing IP magazine on July 12. The list comprises leading academics, judges, policy makers, legal professionals, and celebrities, including actress Angelina Jolie and football player Tim Tebow. Hansen directs Fordhams IP Institute and is the founder and director of the Fordham Annual Conference on Intellectual Property Law and Policy. The magazine describes Han

CLIP Awarded NSF Grant for Online Privacy Research, Launches Privacy Educators Program The National Science Foundation awarded a Frontier grant as part of the NSFs Secure and Trustworthy Cyberspace project to the Fordham Center on Law and Information Policy. The total award of 3.75 million will support joint research on online privacy at Fordham, Carnegie Mellon, and Stanford over the next 3 years. CLIPs portion of the award is 416,000. The research will address the challenge for Internet users

A Star on the Rise Fordham Law Associate Professor Aditi Bagchi was selected as one of the New York Law Journals 2013 Rising Stars. She is the only law professor among 44 honorees selected from over 200 nominations of attorneys under 40 who have established a record of accomplishments and demonstrated that they are top contributors to the practice of law and to their communities. Bagchi teaches contracts and labor law at Fordham. In her scholarship, she has offered ways to reconcile interests in

A Semester of Distinguished Visitors Every semester, Fordham Law attracts its share of distinguished guests and visitors who give lectures, speak in classes, participate on panels, and educate both students and professors alike. This fall, however, seemed to be particularly filled with special events. Here are some of the honored guests who bestowed their wisdom on the Fordham Law community. Mary Jo White, Chair of the U.S. Securities and Exchange Commission, delivered the 14th Annual A.A. Somme

Three Fordham Law Alumni Among Honorees at Feerick Center Reception The Feerick Center for Social Justice welcomed nearly 200 benefactors to its annual Awards and Benefit Reception on October 7 at the headquarters of Mutual of America in New York City. James E. Tolan 62, Of Counsel at Dechert LLP and an active contributor to the Feerick Center since its launch in 2006, received the Spirit of Service Award. The recipient of this years Spirit of Hope Award was Peggy Healy 96, who has been a human

Class Notes 60 Hon. Geraldine Ferraro will be honored posthumously when P.S. 290, currently in operation as I.S. 73 in Maspeth, New York, is renamed for her. The building will open at the corner of Metropolitan Avenue and Tonsor Street for the 2014 school year. Hon. Eugene Nardelli, a former Judge with the Appellate Division, First Department, has joined Boies, Schiller Flexner as Counsel in the litigation and appellate practices. Judge Nardelli was on the First Department bench for 18 years an

Jim Maloney, Of Counsel at Akerman Senterfitt, has joined the expansion of the firms Litigation Practice Group. Maloney brings more than 40 years of trial experience to Akerman, representing clients across a variety of industries in federal and state courts and at the appellate level. interview of former U.S. Supreme Court Justice Sandra Day OConnor in her capacity as keynote speaker for the CCC. 69 45TH REUNION Hon. Renee Roth, who served as Manhattan surrogate from 1983 to 2008, has been a

84 30TH REUNION 86 Peter J. Biging has joined Goldberg Segalla LLP as Partner in the firms New York office. Biging is a former Vice Chair of the Professional Liability Practice at Lewis Brisbois. He is an accomplished trial and appellate attorney with more than 26 years of experience as a litigator in the state and federal courts of New York and a prolific author and presenter on professional liability and coverage issues. Robert C. Hughes has been reelected to serve as a member of the Board o

88 Noreen Weiss Adler has joined Barton as a Partner in the Corporate, Finance, and International Transactions Practice. She most recently practiced at her own firm, Noreen Weiss Adler PLLC. Michael P. Kandler has joined Goldberg Segalla LLP as a Partner in the law firms White Plains, New York, office. Kandler is a member of the firms Global Insurance Services and Appellate Practice groups. Maryann Palermo has been elected Special Counsel at Kelley Drye Warren. Lawrence Quinn, an attorney at Ty

F T Save the Date L R ,A , G Michael S. Cryan, currently a Partner in Arent Foxs New York office, has relocated to the West Coast to open the firms new office in San Francisco. eleven Great Years, One extraordinary evening at Cipriani Wall Street for classes ending in 4 and 9 and the Class of 2013 Email to become a Reunion Committee Volunteer. 97 Michael Gilligan has joined Hogan Lovells as Partner in the firms Corporate Practice Group. Noah Melnick has been named

Anastasia Danias, Vice President of Legal Affairs for the National Football League, was featured in a QA with Marie Claire magazine on January 10, 2013, titled The Best Defense in Football. Kathleen T. McGahran has been elected Chairperson of Adams Express and Petroleum Resources. Jack E. Pace III was recognized as one of the New York Law Journals 2013 Rising Stars. Timothy M. Robb has been named Executive Vice President and General Counsel of NFP, a provider of benefits, insurance, and wealth

05 Debra Kobrin Levy was promoted to Of Counsel at Vandenberg Feliu, LLP. Previously an Associate with the firm, Kobrin Levys work focuses on labor and employment law and complex commercial litigation. She also serves on the pro bono mediation panel for the Southern District of New York. Summer in the Capital Contributed by Alexander Zozos 14 This summer I worked as a Summer Honors Program intern at the Securities and Exchange Commission in Washington, D.C. The opportunity arose when Marie DeB

Kush Shukla was named to the Lawyers of Colors Inaugural Hot List Eastern Region. Marcia N. Topiwala has joined Bass Berry Sims in the firms Corporate and Securities Practice from the Nashville office of Wyatt Tarrant Combs. 12 The New York City Law Department has hired Max Colmers as Assistant Corporation Counsel and Heather Sertial as a postgraduate fellow. In Memoriam Edward H. Lyman 37 Hon. Catherine T. England 38 James O. Boisi 42 James T. Buckley, Jr. 44 Hon. Alvin Ruskin 47 Richard J.

In Memoriam Hon. Joseph M. McLaughlin 59 Hon. Joseph M. McLaughlin 59, seventh dean of Fordham Law School, died on August 8, 2013. He was 80. Judge McLaughlin will be remembered at Fordham for his superb classroom teaching skills combined with brilliant case analysis and the lightning humor he displayed throughout his entire career as a dedicated and beloved professor, a sagacious dean, and an accomplished federal judge. He was a prolific writer and earned a distinguished reputation for his pu

Marriages Births Alyssa Beaver 11 and Daniel James Gomez II married in Larchmont, New York, May 5, 2013. Beaver was a law clerk to Judge John F. Keenan 54 in U.S. District Court for the Southern District of New York. In October, she became a clerk for Judge Denny Chin 78 of the U.S. Court of Appeals for the Second Circuit. Hal Beerman 02 and his wife, Audrey, welcomed a son, Ari Roy Beerman, on September 2, 2012. Beerman is currently with Greenberg Traurig in the Real Estate Operations group. C

Help make it a trifecta How Gifts to the Annual Fund Supported the Law School in FY13 FINANCIAL AID 39 STUDENT SUPPORT 26 CENTERS INSTITUTES 29 FACULTY RESOURCES 6 3 Priorities New Law School Building Scholarships Annual Fund 3 Goals 100 new building gifts 2,000,000 in new scholarships 3,000,000 for the Annual Fund 3 Ways to Give Immediate impact Give online, over the phone with a credit card, or mail your check. Stock donation Transfer your appreciated stock to benefit Fordham Law. Ta

140 West 62nd Street New York, NY 10023 Save th e date Dedication of the Fordham University School of Law Thursday, September 18, 2014 Noon5 p.m., Open House Tours 5 p.m., Dedication Ribbon Cutting by Hon. Sonia Sotomayor Associate Justice of the Supreme Court of the United States learn more law.fordham.edunewbuilding

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