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Fordham Lawyer The Magazine of Fordham Law School Spring 2014 THE POWER TO CHANGE Professor Deborah W. Dennos interdisciplinary approach to criminal law yields groundbreaking results. PAGE 12 The Art of Law, the Law of Art Fordham Law alumni and students appraise the value of art law. PAGE 18 No Mans Land Professors Martha Rayner and James A. Cohen represent clients indefinitely detained at Guantnamo Bay. PAGE 26

Deans Letter After a particularly disagreeable winterwith more than our tolerable share of snow days, cancellations, and postponementswe exalt the blossoming of a new season. Spring is a time of expectation, of excitement and promise. The Fordham Law community has much to anticipate during this time of regeneration. Very soon faculty, staff, and administrators will begin moving into our majestic new law school building. The move is a major operation but one that we are eager and enthusiastic to

Fordham Lawyer The Magazine of Fordham Law School 2 6 10 12 Comparison and Context A conversation about comparative law the mythology of the Payroll tax Linda Sugin by the book the Power to Change Professor Deborah W. Dennos interdisciplinary approach to criminal law yields groundbreaking results. the art of Law, the Law of art Fordham Law alumni and students appraise the value of art law. No mans Land Professors Martha Rayner and James A. Cohen represent clients indefinitely detained at Guantn

Q and A Comparison and Context A conversation with five Fordham Law professors about comparative law Illustrations by Steve Moors 2 For dham L aw y er S p r i n g 2 0 1 4

E ngaging in meaningful legal work in these global times requires an understanding of not just the law of the land but also the law of multiple lands. To discuss how the field of comparative law is evolving to meet this challenge, Fordham Lawyer sat down recently with five professors Vice Dean Sheila Foster, Albert A. Walsh Professor of Real Estate, Land Use, and Property Law, and CoDirector of the Stein Center for Law Ethics Associate Professor Martin Gelter Professor Tanya Hernandez Profess

Sheila Foster Vice Dean, Albert A. Walsh Professor of Real Estate, Land Use, and Property Law, and CoDirector of the Stein Center for Law Ethics Does this new approach require new ways to gather data Huntington Ontheground research is irreplaceable. In my family law class we meet with lawyers, womens groups, law professors, and other activists. Only then do you get some sense of the differences between law on the books and law in action. Inperson research is an important part of comparative me

Hernandez You need to talk to people who dont normally have a voice in the public discourse to see how a law affects them. What they think about the aspirations or possibilities of law are very distinctive. It means looking not only in an interdisciplinary manner but also at an array of sources across an elite structure. It enriches the research but also makes it more complicated. Foster The other thing that makes it complicated is the kind of cultural norms and expectations around some of the i

Ex Libris The Mythology of the Payroll Tax Linda Sugin As the 2012 fiscal cliff approached, President Obama and Congress quarreled over the top marginal income tax ratea rate that would apply to only a sliver of the population. Meanwhile, payroll taxes quietly increased for all working Americans. Though most Americans pay more payroll than income tax, academic and public debates rarely mention it. The combined effect of payroll and income taxes imposes dramatically heavier tax burdens on labor a

itt Romneys assurance that he paid at least 14 of his income in taxes, and Warren Buffetts assertion that his secretary paid a higher average rate of tax than he did, taught many Americans that the superrich can pay very low rates of tax. They are primarily taxed under the federal income tax, which has preferential rates for investment earnings. Most Americans are not so lucky because they primarily pay payroll tax, which does not apply to investment income. The payroll tax only taxes wages, and

Work is an integral aspect of an individuals selfconception, and the tax system must acknowledge the special role of labor in contributing to personal autonomy. Labor income commands a persons unique, irreplaceable investment of the self. Capital income is not exclusive in the same way. If taxation is used as a mechanism to divide joint returns between individuals and society, the investment that individuals make in their labor income is more personal and costly to them than the investment they

Ex Libris National priorities do not automatically become vulnerable without a dedicated revenue stream connected to them. It is time to accept the permanence of Social Security so we can have a more productive debate about it. financing federal purposes in the most equitable way. There is no compelling reason to eschew funding retirement security with income taxes or wealth taxes. The changing distribution of income from labor to capital, and from rankandfile to highly paid workers, must be con

bY THE book Online extra View the 20122013 faculty bibliography at ir.lawnet.fordham.edufacbib John D. Feerick The TwentyFifth Amendment Its Complete History and Applications, Third Edition In the newest edition of his seminal study The TwentyFifth Amendment Its Complete History and Applications Fordham University Press, Professor John Feerick examines the evolution of the Constitutions presidential succession provision in Article II, culminating in the TwentyFifth Amendment to the Constituti

Clare Huntington Failure to Flourish How Law Undermines Family Relationships Strong, stable, positive relationships are essential for both individuals and society to flourish, but from transportation policy to the criminal justice system, and from divorce rules to the child welfare system, the legal system often makes it harder for parents to provide children with these kinds of relationships. Zoning laws create long commutes and impersonal neighborhoods. Criminal laws take parents away from ho

THE PoWEr To CHANGE Professor Deborah W. Dennos interdisciplinary approach to criminal law yields groundbreaking results. In 2007, the National Law Journal asked its readers to nominate women lawyers who have demonstrated the power to change the legal landscape, shape public affairs ... and do big things. The Journal then whittled the list of nominees to 50 women, describing them as not just the most influential women lawyers, but some of the most influential lawyers, period. Deborah W. Denno, A

Law Review that analyzed lethal injection under the Eighth Amendment as well as other legal doctrines. Denno also testified as an expert witness in Texas that same year in one of the first evidentiary hearings concerning the methods constitutionality. At that time, only a few lawyers had even thought to challenge lethal injection, Denno says. She recalls that most lawyers were reluctant to litigate the issue. The topic was controversial, but I wrote about it anyway, Denno says. You hope that som

articles arguments with numerous journalists. For example, Adam Liptak, the Supreme Court reporter for the New York Times, cited Dennos article in his March 2014 Sidebar column while analyzing what he describes as the turmoil surrounding capital punishment. One of the key points Denno makes in her Georgetown article is that lethal injection litigation is far from over. The world of lethal injection has never been crazier than it is right now, Denno says. Its as if the Baze casewhich was supposed

Law, Denno directed one of the countrys largest longitudinal studies of biological and sociological predictors of crime. The results of this study became the basis for one of her earliest books, Biology and Violence From Birth to I find so many areas of the law fascinating. I try to use my background and my previous research to bring things together in new and relevant ways. Adulthood 1990, Cambridge University Press. The book documents a number of unprecedented findings, including Dennos disco

Prosecutors, meanwhile, are concerned that defense lawyers may exploit the dense language of neuroscience to confuse jurors and get their clients off the hook. So far, Ive found very few cases to support these worries, Denno says. In her preliminary look at the data, she says, The courtroom doesnt dramatize or distort the evidence. Judges and jurors consider the evidence in context with the rest of the case. Dennos trailblazing is not entirely limited to academic research. She entered the Univer

The Art of Law Stephen Clark 90, General Counsel at the J. Paul Getty Museum in Los Angeles 18 For dham L aw y er S p r i n g 2 0 1 4

the Law of Art S FOrDHAM LAW ALuMNI AND STuDeNTS APPrAISe THe vALue OF ArT LAW. ay you buy a chair at a store, a chair you promptly take home and chop up with an ax. No big dealits yours, so whos to stop you Now say you buy the same chair, but the seller calls it a sculpture. Does that make it a work of art Though you own it, can you still take the ax to it If you go ahead and smash it to splinters, does the artist have grounds to sue you What if the chair was stolen before you bought it and

THe STAkeS Are HIgHer THAN ever IN THe ArT WOrLD. IN THIS eNvIrONMeNT, NATurALLy yOure gOINg TO NeeD MOre LAWyerS. STeveN SCHINDLer 85 of lawsuits. If Washington doesnt address the problem now, Dowd says, it will only grow more costly, and not just in legal fees. Rich people who cant sell these stolen pieces have been dumping toxic sludge into our museums and writing it off for billions and billions of dollars, he says. Its the biggest tax dodge in history. Theyre offloading the cost of their b

Culture as Commodity Stephen Clark 90, General Counsel at the J. Paul Getty Museum in Los Angeles, says that while museums face few claims about stolen art in their collections, any such claims require serious consideration and principled decisions based on a careful review of all relevant facts, especially provenance an objects ownership history. The Getty returned a number of works to Greece and Italy just before Clarks tenure began in 2008. Still, he says many claims are murky or unsubstantia

Sarmiento. It says you cant destroy art without the artists consent, even if youve paid for it. Sarmiento understands firsthand how meaningful this kind of protection can be to an artist a sculptor himself, he felt devastated when a gallery destroyed his own installation, one of the reasons he eventually went to law school. I didnt know any of my rights, so I partly went to law school to find out. Adjunct Professor Leila Amineddoleh the Mandarin Trading Ltd. hedge fund. Mandarin claimed the gal

A lot of artists wont just call on you for one thing, says Sarmiento. They want to know their First Amendment rights, the legalities of shipping their work to another country, property questions about an installation, what they need to have in a contract. Its ongoing, and youre almost an inhouse counsel for them. In the Contemporary Art Law and Practice course, Sarmiento balances the practical aspect of art law with its philosophical side, diving into copyright, authentication, contracts, moral

The collision of IP and technology has been a focus of Fordhams SamuelsonGlushko Intellectual Property and Information Law Clinic in recent years. Clinic students, who help real clients with IP matters, have also filed amicus briefs in the ongoing battle between Viacom and YouTube. Their briefs favor protecting the artistic expression of posters to the video site. We were concerned that companies like Viacom were pulling videos automatically with a computer that couldnt discriminate between some

Law Program. Hosted by Fordham, the program brings together artists, writers, curators, legal scholars, and other professionals to explore the theoretical and philosophical depths of the field. As a law student I grew entranced by the beauty of law, he says. As an artist Ive always been interested in how art can challenge and change law from the outside. A Willing Audience With the law needing more art law experts, Fordham is doing its part to provide them. Sarmiento says hes impressed with th

NO MANS LAND Professors Martha Rayner and James A. Cohen represent clients indefinitely detained at Guantnamo Bay. 26 For dham L aw y er S p r i n g 2 0 1 4

S pirited off to secret prisons in the United Arab Emirates and Afghanistan more than 11 years ago, then subjected to torture by the United States, a Yemeni husband and father of four remains imprisoned at the infamous military prison in Guantnamo, Cuba. He is one of almost 800 men who have been sent to Guantnamo since it opened in 2002. Thanks to the efforts of attorneys like Fordham Law Professors Martha Rayner and James Cohen, more than 600 have been repatriated to their home countries. This

There was such an overwhelming level of security. There was a sense of dislocation, as there was zero ability to impact what was going on. The sense of absolute power and absence of law was really chilling. Martha Rayner Every year, Rayner and Cohen make up to five visits to Guantnamo. Just gaining access to the prison is enough to cow many lawyers. First, in order to provide representation, an individual needs a clearance level of at least Secret from the U.S. government. This requirement alon

The client has no ability to appreciate the possibility that a lawyer might be able to do some good for them. The majority of people in the United States understand the basic function of a lawyer, and most have some knowledge about how the system works. These concepts are foreign to our clients. James Cohen In addition to problems with transparency, clients often do not know whom to trust during their incarceration. We have a client who has been lied to someone simply lied to him and said Im yo

Moore AdvocAteS More victorieS The Brendan Moore Trial Advocates prove their mettle in mock trial competitions around the country. What could be the makings of an intense civil suit was actually the legal problem presented to members of the Brendan Moore Trial Advocacy Center at a mock trial competition in February hosted by the Texas Young Lawyers Association. Moore Advocates, in teams of two, spent a weekend competing against 22 teams from 11 New York law schools, all hoping to advance to the

Trial Advocacy Competition, where the fourmember Fordham team defeated Harvard in the final round. Last fall, the same team of Moores won the Puerto Rico Trial Advocacy Competition, and team member Sarah Bookin 15 earned the competitions Best Advocate award. Other recent triumphs include winning the Lone Star Classic Trial Competition twice, claiming the championship at the Capitol City Challenge Trial Competition, winning the ABA Regional Arbitration Competition to advance to Nationals where th

Fordham Features PaulEmile is no stranger to accolades. Last year, she was selected by the Greenwall Foundation to receive a Faculty Scholar Award in Bioethicsan award that enables outstanding junior faculty members to carry out original research to help resolve important policy and clinical dilemmas at the intersection of ethics and the life sciences. In 2010, she was one of four Health Law Scholars selected by a nationwide committee of senior health faculty. She is the recipient of a Collins F

crimes, minor infractions, and noncriminal offenses, such as loitering and curfew violations, drunkenness, vagrancy, and disorderly conduct, said PaulEmile. These arrests many of which are linked to aggressive policing tactics, including stopandfrisk programsoften lead to the creation of criminal records, even if no criminal charges are ultimately brought and if the charges are later dropped. This prompted PaulEmile to investigate the fastgrowing, forprofit industry responsible for collecting an

Fordham Features World Communicator From Brooklyn to Beijing, Leeanne Cunningham 16 dismantles cultural barriers. This summer, Fordham Law student Leeanne Cunningham 16 will travel to the West African nation of Ghana, where she will study international human rights and hopes to learn more about the countrys expanding Chinese community. For some law students, this journey might seem daunting for Cunningham, it is the natural progression of her decadeslong commitment to bridging cultures around t

revolts in Poland and Hungary. She was granted a Phillips Fellowship to conduct research on and document the present state of quilombos, communities in Brazil founded by formerly enslaved Africans. During her junior year she decided to spend the entire year studying in Beijing. After graduating from Bates, Cunningham worked at a nonprofit organization that assisted Chinese Medicaid recipients. Inspired by the experience, she wanted to learn more about the Chinese community through the lens of ac

Fordham Features From Queens, a DealMaking king Susheel Kirpalani 94 rules the demesne of bankruptcy litigation. Twentythree years ago, Susheel Kirpalani 94 entered Fordham Law nervous and unsure of himself. A recent Queens College graduate, he was anxious about how he would keep up with his new law school peers, all of whom he imagined had attended either a top ten or Ivy League undergraduate school. Kirpalani neednt have worried over the past two decades, he has proven to be a powerhouse in

cases in U.S. history. Bankruptcy law turned out to be a good fit for me, he says. There is a lot of judgemade law in bankruptcy cases. Kirpalanis experience as an associate and then partner helping others grow a financial restructuring practice at a Wall Street law firm from five lawyers to over thirty drove him to consider other entrepreneurial opportunities. His insights as a young partner in major corporate reorganizations, combined with his rational yet emotionally charged delivery in the c

Fordham Features AllAround Defender Adam Hoffinger 82 can comfortably play both sides of the court. In a legal career spanning three decades, Adam Hoffinger 82 has delved into distinct aspects of the law with an explorers curiosity and an experts ease. He has served as both prosecutor and defender. He has worked in the public sphere and in private practice. He has tried cases from Kansas City to Boston and has defended clients from Italy, Argentina, Mexico, China, and Japan. The law runs in his

experience, he set an important goal for himself. I knew from then on that I wanted to do everything I could to get into the U.S. Attorneys Office, he says. After graduating law school and spending three years working at a firm, Hoffinger achieved the goal He was hired as an Assistant United States Attorney under Rudy Giuliani. Among the many careerstrengthening advantages of the position, Hoffinger says, was being able to work with talented members of agencies such as the FBI, the DEA, and the

pHOTO ALBUM From the Ground Up In May 2011, the Fordham community celebrated the groundbreaking for the Universitys new law school and undergraduate residence hall. This fall on September 18, after three years of construction, Fordham will proudly dedicate its new building. Among its features are a LEED silver certification design, a moot court room with tiered seating and Lincoln Center views, a spacious dining area overlooking Robert Moses Plaza, an openair cafe, 247 library access, 29 comfort

OctOber 2012 JUNe 2013 OctOber 2013 Spring 2014 For dham L aw y er 41

News Legendary Dean Honored at Official Portrait Unveiling John D. Feerick 61, aka St. John the Good, was feted by alumni, faculty, and friends on April 2 at a raucous, standing roomonly ceremony in McNally Amphitheatre. The occasion was the unveiling23 years after its creationof an official portrait of Feerick. It was the first time the painting had been seen in public since it was created in 1991 by artist Franklin Petersen. Petersen had been commissioned by Feerick to paint portraits of law s

Fordham Law and CBLA Hold Panel on Foreign Corrupt Practices Act On January 29, Fordham Law School and the Chinese Business Lawyers Association jointly hosted a panel titled China and the Foreign Corrupt Practices Act Challenges for the 21st Century. The panel focused on the recent expanded use of the FCPA and the implications for U.S. companies and law firms, using China as a specific topic of discussion. Topics included an overview of FCPA issues, with a special emphasis on their application t

Fordham Law Student Awarded Prestigious Fulbright Grant Daniel Davies 14 has received a Fulbright grant to study international security in the Netherlands. He will begin his studies at VU University Amsterdam in September and, upon completion of the fellowship, will have earned an LL.M. in Law and Politics of International Security. LR David McCraw, Jonathan Capehart, and Amy Davidson Center on National Security Hosts Debate on the Fate of Edward Snowden On January 23, the Center discussed the

Moot Court Team Sweeps National Championship In February, the Fordham team won the national championship of the George Washington National Security Law Moot Court Competition, a premier interscholastic moot court event. In addition to its overall competition victory, the Fordham team captured all five additional awards, including Best Brief. Team member Michael C. Shapiro 15 won Best Oralist and Best Overall Competitor, while fellow member James Burbage 15 took home Second Best Oralist and Secon

Committee Approves Changes to 1L Curriculum In early January, Fordham Laws Curriculum Committee met to propose changes to the firstyear curriculum. The committee first considered moving Constitutional Law earlier in students course of study and reducing the number of credit hours of other foundational courses in order to facilitate the reincorporation of Constitutional Law into the firstyear program. The goal of this change is to provide earlier grounding in constitutional law that will enable s

Spring WrapUp of Student Journal Symposia, Events On March 7, the Fordham Law Review hosted its spring symposium, Chevron at 30 Looking Back and Looking Forward, commemorating thirty years since Chevron USA, Inc. v. Natural Resources Defense Council, Inc., the seminal Supreme Court decision regarding the judicial deference owed to administrative interpretations of law. Over the last three decades, scholars, courts, and litigants have addressed numerous Chevronrelated questions, such as what Chev

Law School Faculty Members and Administrator Honored at University Convocation Three Fordham Law professors and one administrator were honored for their extended service to Fordham on Sunday, March 2, at the annual Fordham University Convocation. The event was held at the McGinley Center at the Rose Hill Campus. The Bene Merenti Medal was awarded to those faculty members who have served the University for 20 or 40 years. Fordham Law professors Jeffrey Colon, Abner Greene, and Linda Sugin each re

Class Notes 61 john D. Feerick has been named a Living Legend by the New York Law Journal for its 125th Anniversary Edition. He was among 15 Lifetime Achievement Award recipients who were honored for their impact on law in New York. 66 Patricia M. Hynes has been honored by the New York Law Journal with the NYLJ Impact Award for her commitment to public service and her role as Chair of the Legal Aid Society. Hon. jacqueline W. Silbermann has announced her partnership with Mediation.com, a profe

Michael v. Mitrione has been reappointed to the Northern Palm Beach County Chamber of Commerces 20132014 Executive Committee. He has been a member of the committee since 2007 and cochairs the firms securities and corporate governance practice. He was also elected to the board of directors of the Angel Forum of Florida. Bill OConnor has been recognized by Irish Voice in its 2013 Irish Legal 100 list. This is the third year he has received this honor. He is currently a Partner at Thompson Knight

87 Ira B. Matetsky has been recognized as a New York Super Lawyer for 20132014. He is currently a Partner at Ganfer Shore LLP. Around the World with the FLAA A number of international Fordham Law Alumni Association chapters recently convened in seven cities across Asia and in Europe March 21 Taipei reception not pictured. 88 Daniel j. Healy has been promoted to Partner at Anderson Kill in Washington, D.C. He has previously worked for the U.S. Department of Justice and has received numerous aw

AmsterdAm JUne 2728, 2014 Fordham Law european alumni Chapter Cocktails, Academic Program, and Dinner law.fordham.edu amsterdam Barbara j. Hart has been named Chair of the New York State Bar Associations Antitrust section. She is also currently the Chief Operating Officer at Lowey Dannenberg Cohen Hart. yasho Lahiri has joined Sutherland Asbill Brennan as Partner for the Financial Services Practice. He was previously a Partner at Baker Botts. 96 john Breslin has been profiled in the Sparta I

Noah Heller was named to Crains New York Business 40 Under 40. ellen Scordino has been named to the Massachusetts Lawyers Weekly 2013 list of Top Women of Law. She is currently a Principal at Fish Richardson. Betsy Tsai, CoDirector of the Courtroom Advocates Project at the Sanctuary for Families, was named a Fordham Law 2014 Rising Star. gavin L. White, Partner at Concepcin Martinez Bellido, was named a Fordham Law 2014 Rising Star. Lauren Moskowitz 05 argued and won Lozano v. Montoya Alvarez

LR Toni JaegerFine, Paul Marks 09, Michael M. Martin, and Thomas H. Lee Peggy j. Farber, a Litigation Associate at Kramer Levin, was honored by the Brooklyn Family Defense Practice for her pro bono work with the practice and commitment to its mission of protecting the due process rights of lowincome families and helping them access the benefits and services families need to remain safe and stable. F. Paul greene has been elected Partner at Harter Secrest Emery LLP. His practice focuses on civi

Alvina Patel has been appointed by the New Jersey Supreme Court as a Child Support Hearing Officer for the Superior Court of New Jersey. Timothy j. Plunkett, an Associate with McKenna Long Aldridge, has been recognized as a New York Rising Star by City State. The list is chosen annually and recognizes the next generation of political leaders in New York City. jesenia ruiz de la Torre has joined the firm Zuckerman Gore Brandeis Crossman, LLP. She was previously an Associate at Willkie Farr Ga

13 Samuel Horowitz joined Certilman Balin as an Associate. He will practice in the CoopCondo Practice Group. Tiffany Miaos note in the Fordham Intellectual Property, Media and Entertainment Law Journal, Access Denied How Social Media Accounts Fall Outside the Scope of Intellectual Property Law and into the Realm of the Computer Fraud and Abuse Act, was selected for inclusion in the annual Thomson Reuters West Intellectual Property Law Review as one of the best intellectual property law articles

FAQ Fordham Law Annual Fund Questions What do gifts to the Fordham Law Annual Fund do Strengthen financial aid programs. Defray the cost of student tuition and expenses. Underwrite the budget for student organizations. Ensure the facilities in the new building are kept in excellent condition. Fund important faculty research initiatives. Support the operating budget. Provide the flexibility to meet the changing needs of the Law School. Why give to the Fordham Law Annual Fund You love Ford

140 West 62nd Street New York, NY 10023 Supreme Court Associate Justice Samuel A. Alito, Jr., served as a final judge for the Fordham Law Moot Court Boards 39th Annual Irving R. Kaufman Memorial Securities Law Competition on March 30, 2014, in the Law Schools Moot Court Room. Other competition judges are identified in the caption below. Above, right front row, left to right Judge Debra Ann Livingston, U.S. Court of Appeals for the Second Circuit Judge Paul J. Kelly, Jr., U.S. Court of Appeals

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