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Fordham Lawyer The Magazine of Fordham Law School Fall 2011 Cause IP scholar Jeanne Fromer Page 12 elebre A World of Wrongs, A Clinic for Rights The work of Clinical Associate Professor Chi Mgbako Page 16 Luminaries Five new professors are legal superstars Page 22

Welcome Back to the Fordham Lawyer It is my pleasure to welcome you to this new edition of the Fordham Lawyer magazine. After a hiatus in its publication, we have reintroduced the magazine to showcase faculty scholarship and the Schools robust academic community, as well as the achievements of our alumni and students. The stories in this issue are representative of the unalterable strength of Fordham Law School our commitment to provide a complete legal education. We continue to grow to better f

Fordham Lawyer The Magazine of Fordham Law School 2 Constitutional Law and International Law During Wartime A conversation with Karen J. Greenberg, Andrew Kent, and Thomas H. Lee Ex Libris Richard Squire on Strategic Liability By the Book Features 12 16 Cause Celebre Intellectual property scholar Jeanne Fromer A World of Wrongs, A Clinic for Rights The work of Clinical Associate Professor Chi Mgbako and the Walter Leitner International Human Rights Clinic Luminaries Fordham Laws five new profess

Q and A Constitutional Law and International Law During Wartime A conversation with Karen J. Greenberg, Andrew Kent, and Thomas H. Lee 2 For dham L aw y er fall 2011

D uring wartime, international law provides global standards of conduct between warring nations. The war on terror, launched soon after the September 11 attacks, has created new challenges, as have conflicts in nations such as Libya. Fordham Lawyer sat down in July to discuss these issues with Karen J. Greenberg, Director of Fordham Law Schools new Center on National Security, and the faculty advisors to the Center, Associate Professor Andrew Kent and Thomas H. Lee, Leitner Family Professor of

Somali citizens and militia men were killed. Professor Lee was a naval intelligence officer serving in the Western Pacific and Indian Ocean theaters of operation in 1992 and 1993. What do you think of the indictment of Libyan leader Muammar Gaddafi by the International Criminal Court Kent The important thing is getting the bad guy out of power and ending the conflict. If an indictment makes it less likely for Gaddafi to voluntarily leave, I am against it. Note Gaddafi was killed in Libya on Oct

Lee It is currently the customary rule of international lawand Justice Sandra Day OConnor in the Hamdi opinion made a great deal of the factthat you can hold onto prisoners during the length of the hostilities, although the war on terror holds no prospect of a clear end point. But as a matter of fact, during the early months of the U.S. Civil War, the custom of the time had included the practice of paroling prisoners to return to their homes, which shows you how the customary laws of war can cha

Ex Libris Strategic Liability Richard Squire I t was no surprise when Corporate Practice Commentator placed Professor Richard Squires work on its list of top 10 corporate and securities law articles of 2010. Squire evinces the formidable scholarship and passionate teaching that characterize the entire Fordham Law faculty. His articles like the notable Shareholder Opportunism in a World of Risky Debt in 123 Harvard Law Review 1151 2010have been published in leading law reviews including those f

Posners theory implies that the corporate group is like a sturdy ocean freighter, neatly divided into watertight compartments that prevent a failure in one division from flooding the cargo stowed elsewhere. In reality, however ... rather than being watertight, the partitions leakindeed, they are to leakin rough financial seas. against the guarantor entity and, if the guarantor is bankrupt, recover a portion of the guarantors assets at the expense of the guarantors own creditors. The consequence

Courts could both simplify fraudulent transfer law and do a much better job preventing overuse of intragroup guarantees if they decided challenges to such arrangements based on the following question Was a strong positive correlation between the fortunes of the borrower and the guarantor evident when the guarantee was issued Overuse of the second element of the intragroup guaranteethe underlying loanoccurs because the expected wealth transfer artificially reduces the firms borrowing costs. Intr

Ex Libris intragroup guarantees to insulate their most sophisticated lenders from the consequences of artificial asset boundaries and slipshod accounting. Firms would be more likely to form their subsidiaries along functional lines, and would arrive in bankruptcy with internal boundaries that were fewer in number and easier for courts to honor. Unfortunately, the special fraudulent transfer doctrines that courts have developed bear no relationship to the actual economics of the intragroup guaran

book bY THE Sean Griffith Ensuring Corporate Misconduct How Liability Insurance Undermines Shareholder Litigation Financial crises present opportunities for introspection. So say Professor Sean J. Griffith and his coauthor Tom Baker in the introduction to Ensuring Corporate Misconduct How Liability Insurance Undermines Shareholder Litigation University of Chicago Press, 2010. The book examines the effectiveness of shareholder litigation in regulating corporate conduct from a unique vantage po

Benjamin C. Zipursky Oxford Introductions to U.S. Law Torts When the publishers at Oxford University Press decide to create a new series of authoritative overviews to American law, they ask the experts to write the books. For the introduction to torts, they went straight to Fordham Laws Benjamin C. Zipursky and Harvard Laws John Goldberg. Zipursky and Goldbergs The Oxford Introductions to U.S. Law Torts provides a clear and concise overview of this field of law from an important theoretical per

Cause Intellectual property scholar JEANNE FROMER W hen Jeanne Fromer was told the news in February, the fourthyear professor was astounded. Its not every day you receive the American Law Institutes Young Scholars Medalespecially one of the two inaugural medals. I was both floored and flattered, Fromer recalls. It is an incredible honor. elebre Being one of only two professors in the country to be awarded the Young Scholars Medal is a tremendous achievement for Fromer. According to the AL

From her work at the Supreme Court to her background in computer science, Fromers diverse and extensive career has provided her with a wealth of experience to draw on when attacking scholarly problems. So far, Fromer has been elated with her decision to transition from litigating to teaching IP at Fordham. My colleagues and students have been so insightful, supportive, and engaged, which makes it that much more enjoyable to teach and write scholarship, says Fromer, who had previously served as a

ouTsTanding iP FacuLTY When Congress held a hearing on how data systems could be used to inform educational outcomes, it sought expert testimony about privacy protections for those systems. Joel ReIdenbeRg, Stanley D. and Nikki Waxberg Chair, was one of those experts. As Founding Academic Director of CLIP, the Center on Law and Information Policy, Reidenberg supervised an influential study of childrens educational records and privacy that was cited by federal and state government officials as we

a WorLd oF I Wrongs n a sweltering classroom at a school in Sierra Leone, a group of girls in white hijabs sit side by side like rows of fragile eggs. They lean in closer to hear the speaker ask a question no one ever talks about in public. How many of you know a girl who had died in the bush after undergoing female genital cutting rigHTs Online extra Hear Professor Mgbako talk more about the Clinics projects at law.fordham.edufordhamlawyer Professor Mgbako named to National Law Journal 2011

I try to ensure that students in the Clinic feel theyre not simply preparing to be human rights advocates but that they human rights advocates. Chi Mgbako way she earned her J.D. from Harvard Law School in 2005. After law school, she worked on political and justice sector reform in West Africa. In 2006, Mgbako worked for a year as the Crowley Fellow in International Human Rights at the Leitner Center, designing and leading a factfinding project that produced a policy report and documentary

Righting the WoRld, one CountRy at a time A Sample of Walter Leitner Clinic Projects LEbAnOn Partner Collective for Research and DevelopmentAction CRTD.A, a nongovernmental organization in Beirut Issue Fair trade and gender justice Project Researched and drafted strategy and advocacy document that explored worker coops for fair trade marketing. CAMbODIA Partner Salvation Centre Cambodia SCC Issue Forced resettlement of people living with HIVAIDS in Phnom Penh Project Analyzed effects of land re

In fall 2010, Leitner Clinic students traveled to Malawi to provide a free mobile legal clinic focused on two types of cases affecting rural communities property grabbing and accusations of witchcraft. The Leitner Clinic partnered with Addis Ababa Law School in fall 2009 to research and draft a report on reproductive rights in Ethiopia. In spring 2008, Leitner Clinic students worked with SANGRAM, a grassroots organization in India, to produce a policy document highlighting the rights abuses pe

Indian Health Service. Their work helped arm the ACLU with evidence in a civil lawsuit against the organization. To establish trust in local communities when initiating the projects, the Clinic works with local nongovernmental organizations such as Salvation Centre Cambodia or the Center for Human Rights Education Advice and Assistance in Malawi. Existing organizations that have a grassroots effect on peoples lives make great partners, says Mgbako. The Clinic has gained such a reputation that ou

LuminariEs Fordham Laws five new professors are legal superstars. The Fordham Law faculty is a bright constellation of legal academics whose dedication to teaching is equal to their incisive scholarship. This fall, the School welcomes five new stars into its sphere. The collective knowledge, experience, and intellectual training of these professors is formidable. They are experts known for their wealth of learning, their illuminating scholarship, and their inspiring instruction in the classroom.

James brudney Of all the themes running through James Brudneys articles on labor law and legislation, perhaps none is more controversial than this Congress is a fundamentally principled institution. For all its warts, legislative lawmaking has far more coherence than its critics would have you believe, says Brudney, who served for six years as Chief Counsel and Staff Director of the Senate Subcommittee on Labor. And judicial lawmaking is not quite as principled as its proponents want us to accep

nestor M. Davidson The housing crisis has, unfortunately, made it a great time to be an expert in property law, says Professor Nestor M. Davidson, because it provides context for his scholarship. One theory Davidson has posited in articles is that if we change the way we perceive property, we might avoid similar problems in the future. We think of property as a tool of exclusionwhats mine and whats yours, he says. But when you realize your neighbors foreclosure affects the value of your home, yo

Clare Huntington The United States spends 22 billion a year on a child welfare system that routinely disrupts or breaks up families. According to Professor Clare Huntington, this is a poor use of our tax dollars. In her forthcoming book Flourishing Families Harnessing Law to Foster Strong, Stable, Positive Relationships Oxford Press, Huntington, an expert in family law, calls for a more proactive approach to family law. The child welfare system is the backstopits what we do because we dont suppo

Ethan J. Leib Families benefit from a wide array of legal protections, but why dont friends Professor Ethan Leibs scholarship contends that friendships could benefit from better legal attention. If friendships help keep society together the way families do, wouldnt the state have a strong interest in supporting them This is one of the questions at the core of Leibs most recent book, Friend v. Friend The Transformation of Friendshipand What the Law Has to Do with It Oxford University Press, 2011.

Carl Minzner Over the past three decades, China has pursued massive legal reforms reopening courts, promulgating new laws, and training a new generation of legal talent. Professor Carl Minzner wants to understand the results. Minzner is among those scholars who are examining a range of legal and institutional challenges confronting China after three decades of rapid economic and social reform. Starting in the 1980s, Chinese authorities launched a range of positive legal reforms to rebuild their

Fordham Features Twos Company, Threes Fellowship These young alumni make an impressive crowd. I n 2011, only 29 students across the country were awarded Skadden Fellowships, a prestigious twoyear award that gives graduating law students an opportunity to pursue public interest work. In 2010, that number was just 27. Despite their ultraexclusive nature, three Fordham Law studentsElizabeth Joynes 10, Dan Hafetz 10, and Marni von Wilpert 11 landed the honor in the past two years. Created in 1988,

In October 2010, Dan Hafetz 10 began his fellowship with Brooklyn Legal Services Corporation A, primarily working with Cypress Hill Local Development Corporation on its Cypress Hills Verde initiative in East New York. His project is a twofold effort to create green redevelopment in the neighborhoodsuch as increasing the number of green buildings and green jobsand combat sources of poverty, like high unemployment and poor health. From working on large affordable housing development deals to deali

Fordham Features Giving back, Giving Her All Whether in private practice or the public sector, Karla Sanchez 95 does herself justice. Sanchez also noted that there have been stark changes in her daily responsibilities since moving on from private practice. I no longer review and send bills to clients, no longer record every minute of my time, she says There is more freedom in the public sector to bring the kind of cases that will have an impact, versus a case simply being brought in by a clien

During her time at Patterson, she was named the first Hispanic Partner in the firms history. Throughout her legal career, Sanchez has been very active in the Hispanic community, including a fouryear stint serving on the Board of LatinoJustice PRLDEF, a nonprofit organization that works to protect civil rights and encourage civic participation in the Latino community. For Sanchez, however, there are dueling mindsets at play when it comes to discussing her ethnicity and career simultaneously. Ther

Fordham Features Class Act For Professor Howard Erichson, complex litigation is not so complex. Stores Inc. v. Dukes, in which the court decided, in a 54 ruling, that the retailers 1.5 million female workers lacked enough commonality to mount a single classaction lawsuit over alleged discrimination in the workplace. The Court also found unanimously that the section of Rule 23 permitting classaction requests for injunctions does not generally allow claims for money payments, such as back pay, u

many forms that massive lawsuits can take when you have thousands of plaintiffs on one side. In the article, Erichson and Zipursky explored the issues of consent versus closurehow defendants demand closure and an end to the litigationand how attorneys strive, at times without success, to gain consent from all of the plaintiffs they represent. These issues came to a head in the 2007 settlement of the Vioxx case, in which the pharmaceutical giant, Merck, agreed to pay 4.85 billion to patients who

1 1 2 3 4 PHOTO alBUM 34 Groundbreaking On May 2, 2011, more than 600 guests celebrated the official groundbreaking for Fordham Universitys new law school and undergraduate residence hall. The 250 million facility, designed by Pei Cobb Freed Partners, is scheduled to open for the fall 2014 semester. Photographs by Ben Asen, Bruce Gilbert, and Jon Roemer For dham L aw y er fall 2011

5 5 6 7 8 76 5 9 7 10 11 1 James E. Tolan 62 and former Dean John Feerick 61 look over historic Law School photos. 2 Pei Cobb architectural design Partner Yvonne Szeto right shows a model of the new building to James A. McGough 61. 3 Hon. Dennis G. Jacobs, Chief Judge of the U.S. Court of Appeals for the Second Circuit, delivers the keynote address. 4 Former Dean William Michael Treanor in white cap with his wife, Allison left, and Vice Dean Sheila Foster right at the ceremony. 5 Memb

News Fordham Law Revises 1L Curriculum In contemporary society, legislatures and agencies promulgate at least as much law as commonlaw and constitutional courts. In order to familiarize Fordham Law students with these sources of law, starting in 2012 all 1L students will enroll in a Legislation and Regulation course. The course will introduce students to legislation, theories and techniques of statutory interpretation, the structure of government agencies, agency interactions with legislatures a

John Wolff 76 Honored at Annual Luncheon In March 2011, 539 alumni and guests gathered in the Grand Ballroom of the WaldorfAstoria for the 62nd Annual Luncheon sponsored by the Fordham Law Alumni Association. John H. Wolff 76 received the Medal of Achievement, the highest award bestowed by the FLAA. Salvatore A. Romanello 97 served as emcee and DeMaurice Smith, Executive Director of the NFL Players Association, was the featured speaker. Medal of Achievement recipient John Wolff 76 above DeMauric

Reunion Recap The classes of 1961, 1966, 1971, 1976, 1981, 1986, 1991, 1996, 2001, and 2006 celebrated their Reunion at the WaldorfAstoria in May. The classes mingled in the Grand Ballroom during a cocktail reception before dividing by class year for private dinners. Members of the Class of 1961 received commemorative golden anniversary medals to recognize their 50thyear reunion. Altogether, the Reunion classes raised over 2.7 million for the Law Annual Fund. photos law.fordham.edureunion2011 Cl

The Next Leaders in the Law On May 22, the Law School held its 104th graduation ceremony at the Jacob Javits Center. The largest graduating class in the Schools history650received 433 J.D. and 217 LL.M. degrees. Former New York Governor George Pataki gave the graduation address and received an honorary Doctor of Laws degree. Former U.S. Ambassador to Finland Earle I. Mack, a leader in New Yorks philanthropic, arts, and business communities, also received an honorary Doctor of Laws degree. Mack a

When in Rome... Following the successful launch of the European alumni chapter in Berlin last year, Fordham Law alumni gathered in Rome for a twoday academic program and dinner in June. The program, Topics on Comparative Business Law, was held at the LUISS University Viale Romania and featured Professors Marc Arkin, Martin Gelter, and Sean J. Griffith as speakers. photos law.fordham.edurome2011 FLAA Looks to the Future The Fordham Law Alumni Association has begun a strategic planning initiative

Class Notes 51 Frank P. Lucianna has been selected by the New Jersey State Bar Association as Professional Lawyer of the Year. Lucianna has also been selected for the Lifetime Lawyer Achievement Award by the Bergen County Bar Association. 65 Cesar A. Perales was unanimously confirmed as Secretary of the New York State Department of State on June 7, 2011. I congratulate Secretary Perales and officially welcome him to my administration, Governor Andrew M. Cuomo said. Cesar is one of New Yorks mo

John D. Feerick 61 John D. Feerick, Professor and former Dean of Fordham Law, received the American Bar Associations Robert J. Kutak Award on August 5. The Kutak Award is given annually to honor an individual who has made significant contributions to the collaboration of the academy, the bench, and the bar. John is one of Fordham Laws great treasures, said Michael M. Martin, Dean of Fordham Law. In every one of his many distinguished roles throughout his careeras a lawyer, arbitrator, professor,

72 Denis Cronin has been elected Chair of the Board of Trustees for Colgate University. William Schuber, former Bergen County Executive, was welcomed as the newest member of the Port Authority Board of Commissioners he was nominated to the post by Governor Chris Christie in April 2011. litigation, construction law, executive compensation benefits, and labor employment. Michael V. Mitrione received the Northern Palm Beach County Chamber of Commerces first Award of Visionary Leadership at the C

79 David L. Glass has joined Moses Singer LLP as Counsel in the banking and finance and litigation groups. Hon. Christopher P. Lee has retired as a U.S. Administrative Law Judge and now teaches grammar and writing to high school students at Legal Outreach Inc. He has begun coaching the girls varsity tennis team at Marymount School of New York. T.J. Maloney was honored during the naming dedication ceremony of Maloney Hall at Boston College on September 23, 2011. The naming is in recognition of a

82 Hon. Arthur J. Gonzalez will retire as Chief Judge of the New York Bankruptcy Court to become a Senior Fellow at NYU Law. In addition to teaching bankruptcy law courses, Judge Gonzalez will serve as CoDirector of the schools Bankruptcy Workshop and its Galgay Fellows Program. Kathryn Keneally, a Partner of the law firm Fulbright Jaworski LLP in New York, has been nominated by President Barack Obama to be Assistant Attorney General for the Tax Division, U.S. Department of Justice. David C. St

James A. Resila, an attorney at Carter Conboy, Case, Blackmore, Maloney Laird P.C., has been selected by New York Super Lawyers magazine as one of the top attorneys in New York for 2011. Resila focuses his practice on appellate advocacy, defense of municipalities in federal civil rights cases, the defense of medical and dental malpractice, and general negligence claims. Alan Schacter has joined Allen Overy LLP as Senior Counsel in its U.S. real estate practice. He was General Counsel and Execu

nick Katsoris, General Counsel of the Red Apple Group in New York, acclaimed author, and founder of the Loukoumi book series, was interviewed for the Greek Reporter in June 2011. Seth Popper has accepted a position as Executive Vice President and General Counsel of Key Brand Entertainment, a company primarily involved in producing and presenting theater around the country. Matthew S. Schorr has been nominated to become a member of the Council on Litigation Management. Membership to this notewort

Tracey Spencer Walsh has published two articles in Autism Spectrum News. The Winter 2011 article is titled Parents Give the IEP Team Quality Evaluations with Recommendations and the Spring 2011 article is titled Compensatory Education is an Important Remedy to Consider. She also cochaired the NYSBA CLE on Special Education, which was hosted in New York City, Long Island, Albany, Syracuse, and Buffalo. Walsh presented on the topic Going to Due ProcessLitigating a Special Education Case in N.Y. Im

Willard Shih, an attorney at Wilentz, Goldman Spitzer P.A., was recently named to New Jersey Law Journals 40 Under 40 list for 2011. 97 Adam M. Endick has joined Kasowitz, Benson, Torres Friedman LLP as a Partner to launch the firms real estate practice. Endick was formerly with Skadden, Arps, Slate, Meagher Flom LLP. Sam Greene joined Centerview Partners LLC, and, as a Partner, established a new restructuring advisory practice in midJuly. Before joining Centerview, Greene was Managing Direc

nolan E. Shanahan has been named Special Counsel at Cole, Schotz, Meisel, Forman Leonard P.A. He concentrates his practice in general commercial litigation and has represented clients in a broad range of commercial matters, including contract disputes, real estate actions, and bankruptcy litigation. Prior to entering private practice, Nolan was an Assistant District Attorney in Kings County, New York, where he was lead counsel on numerous jury and nonjury trials before the New York City Crimina

benjamin Y. Koenigsberg has been elected Partner at the New York office of Chadbourne and Parke LLP. Koenigsberg concentrates his practice on project development, financings, publicprivate partnerships, hedge transactions, acquisitions, and sales relating to complex power, transportation, natural gas, and other infrastructure projects. Andrew S. Lewner has joined Stroock Stroock Lavan LLP as Partner in the firms New York office. Lewner concentrates on complex insurance and reinsurance matters.

Mauricio A. Espaa has joined Dechert LLP. Prior to joining Dechert, Espaa was an associate at Mayer Brown LLP. Desiree Fusco was recently promoted to Partner at Bondi Iovino Fusco. Desiree heads the Trust and Estate Department of the firm and is experienced in litigation and appeals, participating in all aspects of the practice. nehemiah E. Ginsburg has joined the legal department of Starr International USA. Formerly he was at Skadden, Arps, Slate, Meagher and Flom LLP, where he was an Associat

06 Francesca Don Angelo joined BNY Mellon as counsel in the Corporate Securities and Disclosure Group. Seth P. bender has authored the book Negotiating Skills for the ISDA Master Agreement The Essential Playbook for OvertheCounter Derivatives, published and released by Financial Times Prentice Hall in February 2011. benjamin Schrag has joined Kurtzman Carson Consultants as a director of corporate restructuring services in the companys New York office. Michael J. Thomas has joined the Houston off

In Memoriam Geraldine Ferraro 60, 19352011 Geraldine Ferraro died on March 26, 2011, of multiple myeloma. A longtime member of the U.S. House of Representatives, Ferraro was the first female vice presidential candidate for a national political party and a passionate supporter of Fordham Law School. Geraldine Ferraro was quite simply one of the most distinguished alumni of Fordham Law School, said Michael M. Martin, Dean of the Law School. She built a remarkable and pathbreaking career in servi

In Memoriam Charles K. Stoeppler 39 Stephen LaSala 40 John Spata, Sr. 40 Hon. Frederick C. Kentz, Jr. 43 John H. McDonald 44 J. Stanley Sheridan 45 Frank E. Curley 46 Hon. Robert E. Gaynor 46 Robert L. Conkling 49 Henry Corey 49 Francis Murano 51 Richard Gaza 52 Philip A. Federico 53 Jack Maher 53 Harold T. Pitt 53 Gregory J. Faljean 54 Robert L. Ferraro 54 James Grifferty 54 Irwin K. Nissen 55 Edward G. Brennan 56 Norman George 56 Joseph J. MacDonald 56 Loring K. Manley 56 Rothwell Mason 56 Wil

Colleen b. Ferris 05 was recently married to Michael Ferris in Spring Lake, New Jersey. Sheila M. Fitzpatrick 05 and Matthew P. Germond were married by Father Kenneth Calder on August 7, 2010, at Our Lady of Angels Church in Brooklyn. Through May, she was Mergers and Acquisitions Associate in the New York office of OMelveny Myers LLP. Omri Y. Flicker 07 welcomed his daughter, Carmel, in January 2011. Paul Garfinkel 96 and Holly Schepisi 97 welcomed their son, Easton John Garfinkel, on July 26,

How can you give back to Fordham Law Let us count the ways. 1. 2. 3. 4. 5. Make a gift Online law.fordham.edugiving Phone 2126367467 Mail Fordham Law School Office of Development Alumni Relations 140 West 62nd Street, New York, NY 10023 Planned Giving law.fordham.edu1905society Hire Fordham Law students or alumni Post a job online law.fordham.edupostajob Compete in the Firm Challenge Learn more law.fordham.edufirmchallenge Reconnect with friends at Reunion and other alumni events Volunteer

140 West 62nd Street New York, NY 10023 Fordham Law celebrated the launch of the Center on National Security, directed by Karen J. Greenberg far left middle, on October 25, 2011, with a discussion of The Black Banners The Inside Story of 911 and the War Against alQaeda. At the event, the books author, former FBI Special Agent Ali Soufan top right, was interviewed by Lawrence Wright bottom middle, a fellow at the Center and Pulitzer Prizewinning author of The Looming Tower AlQaeda and the Road t

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