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Fordham Lawyer The Magazine of Fordham Law School Spring 2012 RETHINKING TORT LAW Professor Benjamin Zipurskys civil recourse theory moves to a leading position in American tort theory. PAGE 12 Five Star Review Searching for the next big issue in legal scholarship Look no further than the Fordham Law Review. PAGE 16 Getting Real Practice makes perfect in the Law Schools Clinical Legal Education program. PAGE 22

Deans Letter If you have been following the medias coverage of legal education in the past few months, you know the news has not been particularly encouraging. From feature articles in major publications to pithy entries on law blogs, the stories are numerous and negative. As a result of this distressing news, applicants and students increasingly mistrust law schools, and legal educators are forced to ask themselves di cult, yet necessary, questions Are we doing the job that we have been entrust

Fordham Lawyer The Magazine of Fordham Law School 2 6 10 12 to Protect and Serve the Consumer Fighting for consumer rights at Fordham Law A conversation Ex Libris aaron Saiger Obama and His Czars By the Book Spring 2012 Rethinking tort law Professor Benjamin Zipurskys civil recourse theory moves to a leading position in American tort theory. Five Star Review Searching for the next big issue in legal scholarship Look no further than the Fordham Law Review. Getting Real Practice makes perfect in

Q and A To Protect and Serve the Consumer Fighting for consumer rights at Fordham Law A conversation 2 For dham L aw y er spring 2012

L awyers play a major role within our financial system, drafting regulation to rein in financial institutions, interpreting those regulations, and representing clients who face financial trouble. Fordham Law faculty members have been leaders in providing legal services to lowincome residents facing debt through its Civil Litigation Tax and Consumer Protection Clinic and the Feerick Center for Social Justices involvement in the Civil Legal Advice and Resource Office CLARO program, which assists

Just 1 of defendants had representation. Many were not properly notified that a case had been filed, which resulted in thousands of default judgments that appear on credit reports and affect the ability to find employment and secure apartments. In Bronx County, the default rate was 90 in 2008. By 2010, it was down to 60, which is still high. Professor Susan BlockLieb Cooper Family Chair of Urban Legal Studies Should certain financial products be viewed from a different legal perspective BlockL

take consumer complaints in a onestop shop, with some dispute resolution. But its still too early to tell with what strength they will come out punching. Marcella Silverman Clinical Associate Professor, Codirector of the Civil Litigation Tax and Consumer Protection Clinic Fordham Law helped establish CLARO, the Civil Legal Advice and Resource Office, to provide legal advice to consumer litigants in Manhattan, Bronx, and Staten Island, in a partnership with the courts, academic institutions, ba

Ex Libris Obama and His Czars Aaron Saiger F ordham Law Professor Aaron Saiger is among the countrys most original and sophisticated scholars of administrative law, education law, and public policy. A former law clerk to Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit and Associate Justice Ruth Bader Ginsburg of the U.S. Supreme Court, he holds a J.D. from Columbia Law School and Ph.D. in public affairs from the Woodrow Wilson School of Public and In

Administrator of the EPA. He simultaneously appointed Carol Browner, who had served as EPA Administrator in the Clinton administration and was more senior, more experienced, and better known than Jackson, to be director of the newly constituted White House Office of Energy and Climate Change Policy. Browner would be known, colloquially but universally, as climate czar. This striking and unusual style of appointment, where the more experienced and higherprofile policymaker serves as czar and the

abhorred by scholars of the presidency when normative political science was more in fashion. And past Presidents have missed expertise and distrusted loyalty. Obamas domestic policy czars, then, can be seen as an ingenious compromise, a way to gain many of the advantages of neutral competence while avoiding the pitfalls of Cabinet government. If a czars career and policy interests tend toward neutral competence, but she is removed from the agencies and Figures as diverse as therefore not subject

Ex Libris is part of the law whose faithful execution the President is to assure.9 Unitarians and nonunitarians agree that the President alone and unaided could not execute the laws. He must execute them by the assistance of subordinates.10 Nevertheless one sometimes finds, among those friendly to unitarian thinking, suggestions that presidential staff, as distinguished from agencies should be treated as if they were part of a unitary institution called the Presidency, which wields the executive

bY THE bOOK James Brudney Abner S. Greene Documents Supplement to Cases and Materials on Legislation StatutesandtheCreationof PublicPolicy,FourthEdition Professor James Brudney understands how complex legislative statutes can be after all, he spent seven years working in Congress helping to draft and negotiate them. In Documents Supplement to Cases and Materials on Legislation West, 2011 Brudney and coauthor William N. Eskridge, Jr., offer the first legislation casebook supplement that provides

Nicholas Johnson Michael M. Martin and Daniel J. Capra Firearms Law and the Second Amendment Regulation,Rights,andPolicy Few constitutional issues are more hotly debated than the Second Amendment, and few legal scholars are more poised to lead the debate on gun rights than Professor Nicholas Johnson. In his book Firearms Law and the Second Amendment Aspen, 2012cowritten with David B. kopel, Fordham Law alumnus George A. Mocsary 09, and Michael P. OSheaJohnson explores the nuances and complexit

Rethinking toRt Law Professor BENJAmIN ZIPURSky S civil recourse theory moves to a leading position in American tort theory. I n 1998, Benjamin C. Zipurskythen an ambitious yet littleknown academic teaching in his third year at Fordham Lawpublished a 100page article challenging all of the leading approaches to tort law. and economist Ronald Coase. It essentially sees tort law as a way to allocate losses by inducing people to take precautions against causing accidentsin part by weighing the cos

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to obtain some sort of redress against the injurers, Zipursky says. Thus, he shifts the focus to the plaintiff the plaintiff s rights to seek recoursenot the defendants duty to pay lies at the center of the tort liability. A Voice of Moderation As evident in his views on punitive damages, Zipursky cannot be easily reduced to convenient political labels such as liberal or conservative when it comes to legal matters. He has written extensively on the notion that individuals Civil recourse theory

In Demand Yale law professor Jules Coleman describes civil recourse theory as the most important intervention in contemporary theory of tort law since corrective justice theory which he is widely credited with cofounding more than a quarter century ago. Coleman is not the only one to perceive the significance of civil recourse theory in fact, it has recently captivated the legal community. During the past two years, several conferences in the United States and abroad have placed civil recourse t

Five Star C Searching for the next big issue in legal scholarship Look no further than the Fordham Law Review. onsider the sheer tonnage of annual law review publications in the United States more than 600 journals producing some 10,000 articles, year after year. The odds of a studentrun journal being read, not to mention cited, by a practitioner or judge, would seem rather low. And yet, the Fordham Law Review is a significant presence in the American legal universeas an aid to law practice and

He noted recent examples of the Reviews usefulness to courts Statutory Interpretation of Federal Jurisdictional Statutes Jurisdiction of the Private Right of Action Under the TCPA by Fabian D. Gonell 99cited in the Supreme Courts decision in Mims v. Arrow Financial Services, LLC, handed down on January 18, 2012 Moral Monsters Under the Bed by Mara Theophila 12, dealing with corporate accountability under the Alien Tort Statutecited by a concurrence in the U.S. Ninth Circuit Court of Appeals in

I wasnt trying to write something esoteric. I was trying to make a difference. John D. Feerick 58 ment as he was taking up the subject of presidential succession One of my Skadden colleagues said, This hasnt got anything to do with law practice. S uch warnings are based in misimpression, contends Fordham Law Dean Michael M. Martin. He said the Review often influences private practicefrom Feericks own student editorship to this day. Most significantly, perhaps, landmark product liability law w

either theory of concert or of alternate liability is stretched beyond its current limits. ... A third theory involving aspects of both is advocated. ... The DES cases are only the tip of the iceberg. As technology and science advance, there will be more products liability and analogous cases in which the injured party will be unable to identify the specific cause of ... injury. Society faces a choice in these cases it can either leave the injury where it falls as the price of modern technology

Supremely JuStified mere navelgazing and of little use to understanding everyday law. ... Scholars respond that judges and attorneys too simply shoo away important new ideas that tie law to related intellectual fields. ... The result, they say, are discoveries that should liberate confined legal thought to realworld problems. At Fordham Law, advocates of studentedited journals are just as passionate defending the reviews as judicial detractors are attacking them. I find it amazing that, in part

Professors who prefer peerreviewed articles have begun their own journals, which now exist happily alongside the law reviews, says Zipursky. Student editors of the Fordham Law Review, who typically serve for two years, are selfgoverning, says Zipursky. I do not provide them with guidelines. I provide them counsel for a variety of issues that may arise. and Ethics entitled Globalization and International Ethics. The event, held in October 2011, brought 25 scholars from the around the world to pr

GettinG Real Practice makes perfect in the Law Schools Clinical Legal Education program. 22 For dham L aw yer y er f a lr li n2g0 121 0 1 2 sp

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it was an ominous precedent that endangered consumer rights throughout the state of New York When a Brooklyn resident sued a car dealership and bank for pulling him into a refinancing scheme, the trial court dismissed the case. Advocacy hasnt lost a case as its taken on the New York City School District on behalf of lowerincome children with learning disabilities and other special education needs. These and other clinics at the School are among the ways the 25yearold clinical program helps Ford

Field placement externships Simulation the Fundamental Lawyering Skills course Real legal matters inhouse clinics Each year, as many as 200 students complete externships at the end of their first summer at Fordham Law, and an average of 70 enroll in externships in the fall and spring. Under their own initiative, the students seek out and apply for positions at judges chambers federal, state, and city Associate Clinical Professor Beth Schwartz, Director of Professional Skills, says externship

Real World, Real People ith the skills and experience theyve gathered in Fundamental Lawyering Skills and externships, students who enroll in the clinics have the opportunity to immerse themselves in real legal problems. The programs 16 clinics are a bellwether of todays most vital legal areas. The clinical faculty continually monitors the everevolving legal world and tailors the program accordingly, anticipating the kinds of law work students will do when they graduate. A few years ago, Maresca

Unfortunately, too many immigration law practitioners are unable to devote enough time to each and every one of their clients, and when judges see students who have worked 12 hours a week on one case, doing thorough research and preparing complete documentation, they tend to be very appreciative, says Clinical Associate Professor Gemma Solimene, Director of the Immigrant Rights and Acccess to Justice Clinic. In one recent asylum case, the judge commented on how welllitigated the case was and tol

Be iji n g Sh an gh ai Se ou l on march 10, 2012, I returned to Asiafor the first time in 55 years. I Seoul was born in Hong kong but left with my family for the United States in 1956 when I was two years old. My parents spoke virtually no English when they arrived in New York. They could not have envisioned that someday their son would become a federal judgethe first AsianAmerican district judge outside the Ninth Circuit and, more recently, the only AsianAmerican circuit judge in th

From WEST EAST to a travelogue by Judge d enny c hin 78 I was surprised from the outset. China is very much a modern, businessdriven society. Upon our arrival in Beijing, as we walked through the airport garage, we passed countless luxury vehicles. At our hotel, we were greeted by stylish young people who would have fit in at any chic hotel in New York. With the afternoon free, we visited the 798 Art Zone in the Chaoyang District. We could have been in the Village or Soho with all the shops and

about the Madoff case and sentencing. I was also asked about controversial amendments to the Chinese Criminal Procedure Law being considered by the National Peoples Congress While suspects would get more rights, some argued the proposals would legitimize improper practices. I declined to comment, but I did talk about the important rights we give to defendants in the American system. My wife, kathy, arrived in the afternoon, and she and I had dinner with Tom and Liz at a restaurant specializing i

Addressing Access to Justice in China While Judge Chin met with Chinese law students, faculty, and other legal professionals to speak about judicial independence, Chinese politicians were holding their own meetings to discuss important legal developments. During its annual meetings, the National Peoples Congress Chinas legislative body passed significant, if limited, revisions to the Criminal Procedure Law. This development is the latest advance in over 30 years of legal reform since Chinese aut

Hong Kong Satu r d ay, Mar ch 17 iStockphoto.comsamxmeg We arrived in Hong kong in the morning. After we dropped our bags at the hotel, Tom, Toni, kathy, and I had noodles at a nearby restaurant before meeting Liz, who raved about the Lord Stows egg custard tarts she had found in the hotel coffee shop. We promised ourselves to try them later in the day. At the law school at the City University of Hong kong, I spoke to Chinese judges studying AngloAmerican law. The young judges asked questions

FLAA in Asia The ties that bind alumni to Fordham Law School and to each other transcend national borders. This international connection was proven with the March 2012 launch of the first four Asia chapters of the Fordham Law Alumni Association. Organized by Assistant Dean for Advancement Vera Bullock, the launch receptions were attended by J.D. and LL.M. graduates and prospective students, former visiting scholars and researchers, and friends and alumni of Fordham University. The kickoff event,

Fordham Features En Pointe From the ballet barre to the bar exam, Veronica Dunlap 14 glissades from one opportunity to the next. A sk most girls what they want to be when they grow up, and theyll give you a single, starryeyed answer. Dancer, they might say. Or businesswoman. Or lawyer. Ask Veronica Dunlap 14, and she would have said all three. Now shes studying international business law at Fordham, a career change that might seem like a departure to most people, but was a natural transition

When she wasnt dancing, Dunlap was busy pursuing other, more direct routes to the J.D. She earned a B.A. in international affairs from George Washington University, studied abroad in Moscow in 2007, and worked as a Public Affairs Assistant at the U.S. Embassy in Estonia in 2008. Add to her international affairs background a strong entrepreneurial spirit and not a small amount of financial acumen, and you have a savvy law studentcumbusiness professional. So savvy, in fact, that in 2003, Dunlap de

Fordham Features Gun Rights and Civil Rights Professor Nicholas Johnson explores the Second Amendment from new angles. F ordham Law Professor Nicholas Johnson is not the sort of person you probably picture when you think of the typical gun rights advocate. Hes an academic with a J.D. from Harvard, Black, and has lived and worked in the New York City area for nearly 20 years. But hes originally from West Virginia, where his friends and family were universally armed. Growing up, he recalls, all

The gun question fuels powerful visceral reactions, Johnson explains. In the gun rights debate, especially, it is important that the conversation reflect as much information as possible, and not be overrun by emotion and intuition hence his scrupulous research. Those gut reactions are not irrelevant, he concedes, but they cannot be the sole basis for making decisions of law and policy. The gun question fuels powerful visceral reactions. Those gut reactions are not irrelevant, but they cannot be

his work may in fact influence policy. Indeed Professor Johnson is widely regarded as an expert on gun rightsto such an extent that his testimony has been sought by the U.S. House of Representatives and the Commonwealth of Pennsylvaniaand his work is frequently cited in major news outlets, including the Chicago Tribune and the Associated Press. At heart, however, Johnson is a scholar and a teacher. Tough topics might come up in his classes, but he doesnt regard his classroom as a political arena

The Courts Bite the Bullet W hile rhetorical shots about gun rights are continuously volleyed in the public sphere, our court system has been much more hesitant to take aim at the Second Amendment. In spite of their relative reluctance, members of the judiciarySupreme Court justices as well as district court judgeshave heard a number of important cases involving firearms law in the past few years. Notably, some of the judges opinions have included citations to Professor Nicholas Johnsons schol

Fordham Features Yes They Can For two Fordham alumni, working in the Obama administration is the job of a lifetime. turn to the environment. In this field you have an opportunity to work on environmental impacts and social impacts at the same time. Feighery, Chairman of the U.S. Foreign Claims Settlement Commission, also says Fordham set the trajectory of his career, stimulating his interest in international law from his work as a research assistant for Professor Barry Hawk and through his app

for environmental policy development and program implementation with what she calls sovereign nations inside and outside the United States. On the tribal side, an Obama executive order has allowed her to directly consult on the environment in Indian country with the 565 U.S. tribal governments. She also manages the Indian Environmental General Assistance Program, one of the most significant pools of federal grants to tribes and tribal consortia for planning, developing, and establishing environm

News AnythingbutDerivative BringingBackground CheckstotheForeground Associate Professor kimani PaulEmile was awarded a 75,000 grant from the Robert Wood Johnson Foundation, the nations leading philanthropy on health and health care. PaulEmile is among a select group of junior investigators to receive one of the competitive 24month grants through the New Connections and Public Health Law Research national programs. The grant will allow her to analyze how criminal background checks affect the heal

ForumHostsTwo PoliticalSuperstars Former New York City Mayor Ed koch joined Forum on Law, Culture Society Director Thane Rosenbaum on January 19, 2012, to revisit his mayoral legacy. koch confessed he never had aspirations toward politics as a child and admitted to feeling like an unlikely candidate to win the 1977 mayoral race. Three months after kochs appearance, on April 19, 2012, former President Bill Clinton joined Rosenbaum for a wideranging conversation at the Time Warner Center. The eve

AlumniStarsAlign In February, the Law School held its inaugural Rising Star Awards to recognize extraordinary achievement by alumni who have graduated within the past 15 years. Three young alumni were honored at the event hosted by Weil, Gotshal Manges LLP. Todd G. Cosenza 98 of Willkie Farr Gallagher LLP was recognized in the private practice category. The inhouse and business category recipient was Samrat S. khichi 98 of Catalent Pharma Solutions. Edward Skyler 00 of Citigroup was recognized

HisFamilyMeansBusiness Attendees at the 18th Annual Corporate Counsel Dinner learned that the recipient of the Richard J. Bennett Memorial Award, Don Urgo 62, is a leader in big business. They also found out that hes the leader of a big family. The father of 10 children, Urgo was recognized at the dinner on October 24, 2011, for the ethical values and moral purpose he brings in running Urgo Hotels, a hotel development and operating company that he established with his three eldest sons. The comp

DistinguishedLectures,VeryDistinguishedLecturers The spring semester brought a host of special guests to the Law School to deliver a series of distinguished lectures. kate ORegan, former Justice of the Constitutional Court of South Africa, delivered the John F. Sonnett Memorial Lecture on February 13. She discussed A Pillar of Democracy the Role of South Africas Constitutional Court. The 2012 Noreen E. McNamara Memorial Lecture on February 28 was given by Lisa A. Rickard, President, U.S. Chamber

LeitnerCenterHonorsCambodian MentalHealthOrganization At a celebratory dinner on March 5, the Leitner Center for International Law and Justice awarded its Annual Human Rights Prize to the Transcultural Psychosocial Organization of Cambodia. Dr. Chhim Sotheara, Executive Director of TPO, accepted the award. Established in 1995, TPO is Cambodias leading nongovernmental organization dedicated to mental health and psychosocial interventions. moRe leitnercenter.orgprogramsAHRP ReviewingDOMA While va

Class Notes 53 John DAngelo retired after serving 33 years as Judge of the Municipal Court of kinnelon, New Jersey. 65 William J. Corbett was featured in a Floral Park Dispatch New York article entitled Living and Loving in Floral Park. 54 Hon. John F. Keenan of the U.S. District Court for the Southern District of New York recieved the New York County Lawyers Associations Edward Weinfeld Award at the annual luncheon honoring the federal courts in New York City on October 26, 2011, at the NYCL

72 Ronny Greenwald Siegal presently sits as a Superior Court Judge in the Family Part, Bergen County, New Jersey. Andrew Tananbaum, Executive Chairman of Capital Business Credit LLC, authored an article entitled Beyond the Zombies Financing SMEs to Strengthen Trade for Apparel magazine. Jason Eyster will run the Thomas M. Cooley Immigrant Civil Advocacy Clinic, a new law clinic benefiting students and clients in western Washtenaw County, Michigan. Eyster served from 2005 to 2011 as director of

William P. Harrington, Partner at Bleakley Platt Schmidt LLP, has become the new Chairman of the Westchester County Association. Kathyrn Keneally was confirmed by the U.S. Senate to be Assistant Attorney General for the Tax Division, U.S. Department of Justice. Joyce BolandDeVito, a Professor of business law at St. Johns University College of Professional Studies, recieved a Fulbright Specialist grant to work with Ph.D. candidates at the National University of Ireland School of Law in Galway o

91 Nick Katsoris recently had his book Loukoumis Celebrity Cookbook named as one of Scholastic Parent Child magazines Best New Parenting Books. Anthony McGinty has been named by the New York State Family Court Judges Association as a new officer for the upcoming year. Euchung Ung has been appointed a member of the law firm kleinberg, kaplan, Wolff Cohen PC in New York. 93 Thomas A. Capezza, an Assistant U.S. Attorney who has specialized in prosecution of mortgage and securities fraud violati

David L. Scher is Principal at The Employment Law Group. In December 2011, Lawyer Monthly named the firm as its 2011 Labor and Employment Law Firm of the Year. The firm received the award after an extensive selection process that included a comparison of the recent activities of nominated firms to their competitors and also a review of each firms involvement in significant legal cases. Karen Seemen has been named the new Manhattan Borough Chief of the Family Court Division. Seemen was previously

Edgar De Leon cohosted a FindLaw webcast for attorneys who want to capitalize on social media tools such as Facebook, LinkedIn, and Twitter to broaden their reach and generate visibility and new business for their firm. De Leon is a founding Partner of De Leon and Associates in New York, which practices in the areas of criminal defense, matrimonial and family law, real estate transactions, and bankruptcy. Carrie Girgenti was promoted to Counsel at Latham Watkins LLP, effective January 1, 2012.

Wanda Sanchez Day and the Queens firm Ali Bains PC were named Law Firm of the Year on December 4, 2011, by Colombia USA, a civil organization composed of Latino professionals. Thomas McGovern has been elected to partnership at Morrison Foerster LLP in New York. Joshua Y. Milgrim has been named Partner at Dechert LLP. Milgrim is a member of the International and Domestic Tax Practice in New York and focuses his practice on the international and domestic tax aspects of public and private mergers

Julia Klein has joined Murtha Cullina LLP as an Associate in the Stamford, Connecticut, firms business and finance department, working primarily in that departments real estate practice group. Prior to joining the firm, klein represented investment banks and asset managers and also has experience working with private fund and pooled investment vehicle products, including hedge funds, private equity funds and funds of funds, as well as debt and equity private placements. Mindy Fox recently joine

Fordham Lawyer marriages Births Michelle Fumai Abola 03 and her husband, Ramon Abola, welcomed their first child, Benjamin Carlos, on October 2, 2010. Patricia Angley 87 and her husband, Jim Angley, celebrated their 25th wedding anniversary in June, as well as the college and high school graduations of two of their three daughters. Nancy I. Becker 02 currently lives in Rumson, New Jersey, and is a fulltime mom to two little girls, Olivia, who is almost 3, and Julia, 14 months. She also works p

TOP 10 REASONS TO GIVE TO THE FORDHAM LAW FUND YOU WANT TO SUPPORT THE WORK OF THE CLINICS, CENTERS, AND INSTITUTES that broaden the educational opportunities available to Fordham Law students. YOU LOVE FORDHAM LAW AND YOU WANT TO SHOW YOUR COMMITMENT to the School and its mission in the service of others. You want Fordham Law to remain among THE TOP LAW SCHOOLS IN THE NATION. YOU HAVE BENEFITTED FROM THE GENEROSITY OF THOSE WHO CAME BEFORE YOU, and now you have the opportunity to pay it forwar

140 West 62nd Street New York, NY 10023 Two of the nations most eminent female judges, former Supreme Court Associate Justice Sandra Day OConnor top right and former Chief Judge of the New York Court of Appeals Judith S. Kaye top middle, shared their wisdom on the judiciary at the Law Schools Robert L. Levine Distinguished Lecture on April 17, 2012. Before the event, the judges posed with bottom left Vice Dean Sheila Foster, Professor Constantine N. Gus Katsoris 57, Dean Michael M. Martin, form

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