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Cornell Law School
Myron Taylor Hall
Ithaca, NY 14853-4901
Contacts
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CLS Students Win Two Victories for Immigrants
A woman from Liberia and a child soldier who fled a Ugandan paramilitary group were both granted immigration relief in the U.S. due to the efforts of Cornell Law School students. The students were able to assist these people as part of their work with the Law School’s 2006 Asylum and Convention Against Torture (CAT) Appellate Clinic.
The clinic, co-directed by Professors Yale-Loehr and Estelle McKee, is offered as part of the Law School’s curriculum every spring. During the first half of the semester students learn about asylum and CAT law. The students then pair up in teams to work on appellate briefs to the Board of Immigration Appeals (BIA) on behalf of clients who wish to stay in the U.S. because of persecution they face in their home countries.
As part of their clinic work last semester, Amir R. Ghavi '06 and Stephen L. Taeusch '06 wrote a brief arguing that a child soldier who had fled the Lord’s Resistance Army, a notorious rebel paramilitary group in Uganda, qualified for asylum because he had suffered past persecution and faced a well-founded fear of future persecution. The BIA agreed with their arguments and granted the teenager asylum in the United States in July.
Two other clinic students, Viravyne Chhim, JD/LLM '06 and Richard T. Creer '06, prepared a brief on behalf of a woman from Liberia who had been sexually assaulted multiple times during her childhood by government soldiers and had suffered female genital mutilation before coming to the U.S. The students asserted that her past torture constituted a permanent and continuing harm that would be tantamount to torture if she were returned to Liberia, and that there was a possibility that she could undergo future female genital mutilation there. In May 2006, the BIA granted this woman CAT relief in the United States.
"The asylum clinic gives law students an opportunity to apply what they have learned in the classroom to the real world. It is particularly important because we are representing people who fear persecution in their home countries. Our clients have few rights, not even the right to a court-appointed attorney. Most are detained. Many do not speak English. If we are successful, we save someone's life," says Professor Yale-Loehr. Since the clinic began in 2003, 32 students have worked on 16 cases. The clinic has won about half of its cases, a far higher success rate than most appeals to the BIA.
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Professor Martin Gives Graduation Address for Nation’s First “On-line” Law School
Peter Martin, the Jane M.G. Foster Professor of Law at Cornell Law School and a leading innovator in the field of digital technology and the law, gave the graduation speech at Concord's summer ceremony in Los Angeles on July 29. Professor Martin teaches Social Security law and a seminar in the field of his current research - the impact of digital technology on how law and legal institutions operate. For a decade, Professor Martin has taught students via the Internet in participating law schools across the U.S. Since 2002, Concord law students have regularly been a part of his Internet-based class on Social Security law.
During his address to the Concord audience, Professor Martin reminded the audience that Abraham Lincoln "had studied law using the only available distance technology of that time—books. When a law student sought his advice in 1855 Lincoln replied: 'Get the books, and read and study them.' It doesn't matter, he continued, whether the study be done in a small town or a large city, by oneself or in the company of others. 'The books, and your capacity for understanding them, are just the same in all places ... Always bear in mind that your own resolution to succeed, is more important than any other one thing.'"
In his address, Professor Martin stated: "I have participated in scores of law school graduations in my career as a law teacher and regularly presided over them during my term as a dean, but none surpass this one for collective accomplishment and promise," referring to the level of education, career achievement, and family responsibilities shouldered by the graduates.
Concord Law School (http://www.concordlawschool.com) is the nation's first institution to offer a Juris Doctor (JD) degree earned wholly online conferred via state-of-the-art technology.
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Recent Cornell Law School Graduate Named Dean of South Korean Law School
JaeWon Kim, who received his J.S.D. from Cornell Law School in January 2006, has been named dean of the Dong-A University College of Law in Busan, South Korea. Dean Kim, who is 46, is the youngest dean of a law school in South Korea. Along with administration duties, he also teaches courses in Law and Society and Anglo-American Law. “Reforming the curriculum, hiring excellent professors, and renovating the law school building are my most exciting tasks,” he reports. “I also successfully established a dual degree program with the University of Wisconsin-Madison Law School and am working on developing similar programs with other U.S. law schools as well.”
The Dong-A University College of Law offers an undergraduate degree and trains each student to meet the needs of society in many law-related fields. The college also prepares students for various national examinations, such as the judicial examination and other civil servant examinations. Almost 1,000 students are enrolled and there are 32 full-time faculty members.
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Professor Cornell Addresses Fundamental Distinctions Between U.S. and Canadian Labor Law
In May 2006, Associate Clinical Professor Angela Cornell was a plenary panelist at the Canadian Association of Labor Lawyers Conference in St. Johns, Newfoundland, Canada. The topic of the plenary was the "Future of Labor, Employment and Labor Law" and her individual presentation was titled "Struggle in the Ranks: Labor Law and the Labor Movement in the United States."
As part of her Labor Law Clinic, Professor Cornell addresses the fundamental distinctions between U.S. and Canadian labor law. During spring semester a member of the Canadian Association of Labor Lawyers was part of an International Labor Law presentation on campus, which was attended by law and ILR students and faculty.
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U.S. Senate Confirms Brian Cogan ’79 for U.S. District Court
The U.S. Senate earlier this month unanimously confirmed Brian
M. Cogan ‘79 to replace Judge Frederic Block, now retired, on the bench for the Eastern District of New York, Long Island's federal court jurisdiction,
President Bush selected Cogan from the Manhattan firm of Stroock & Stroock & Lavan, where Cogan was an experienced litigator and creditors' rights attorney. Some of Cogan’s larger cases included the bankruptcies of WorldCom, Enron, and Britain's Bank of Credit and Commerce International. Additionally, Cogan represented the Netherlands in the nation's efforts to reclaim artwork pilfered by Nazis.
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CLS Student Receives the Robert H. Jackson International Law Award
Andowah Newton '07 recently received the Robert H. Jackson Award from the Washington Foreign Law Society. Ms. Newton's note, "Injecting Diversity into U.S. Immigration Policy," was submitted by the Cornell International Law Journal on her behalf. The Robert H. Jackson Award honors student scholarship in the area of comparative or international law. The award was presented to the winner along with a cash prize at the Society's annual dinner gala on June 6th in Washington, D.C. The event honored Ambassador Richard C. Holbrooke for his contribution to international law.
Ms. Newton is very excited to receive this honor, especially knowing that her note was chosen from submissions from over 20 other journals.
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Professor Shiffrin Gives Plenary Address in Prague
Professor Steven H. Shiffrin delivered a plenary address to the annual Conference on Philosophy and the Social Sciences, an international gathering of scholars held in Prague. His talk focused on the relationship between the Ten Commandments cases and liberal practice and theory. He also discussed the German Interdenominational School Case and the German crucifix cases. Professor Shiffrin is currently is writing a book about religion, politics, and law, which will include comparative aspects. As part of his research he has worked with U.S., German, Irish, and Italian colleagues in Prague and, under the auspices of the Cornell University’s Gender, Sexuality, and Family Project, with scholars in Northern Ireland and Canada.
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CLS Student Receives the Robert H. Jackson International Law Award
Andowah Newton '07 JD-Maîtrise, recently received the Robert H. Jackson Award from the Washington Foreign Law Society. Ms. Newton's note, "Injecting Diversity into U.S. Immigration Policy: The Diversity Visa Program and the Missing Discourse on its Impact on African Immigration to the United States," was submitted by the Cornell International Law Journal on her behalf. The Robert H. Jackson Award honors student scholarship in the area of comparative or international law. Ms. Newton's note was chosen from submissions of published student notes from over 30 other international law journals. The award was presented to the winner along with a cash prize at the Society's annual dinner gala on June 6th in Washington, D.C. The event honored Ambassador Richard C. Holbrooke for his contribution to international law.
Ms. Newton was very excited to receive this honor. During her brief acceptance speech Ms. Newton thanked the organization for their promotion of student scholarship and her firm, Hogan and Hartson, for sending her to the event and for their generous support. "And last, (but not least!) I thanked the Cornell International Law Journal for all of their hard work and support, and without whom I wouldn't be here,"Ms. Newton reported after the ceremony.
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CLS Students Assist in Restoring New Orleans Legal System
The Law School’s Office of Public Service regularly forwards information about public interest opportunities for law students. Late last fall, a call from the Student Hurricane Network (SHN) sparked a strong response.
SHN is a national association dedicated to providing assistance to communities affected by Hurricanes Katrina and Rita. Over winter break, four Cornell Law students responded to SHA’s first call for help. During spring break, 18 more Cornell Law students went to New Orleans.
Dean Anne Lukingbeal has nothing but praise for the Cornell students, as well as for the help they received from the Law School. “We have felt very generously funded by Dean Schwab to support such worthwhile student activities and programs,” she said. Dean Lukingbeal was amazed at student response to SHN. “Something like 25 or 30 students showed up at the meeting to hear about the spring break trip, and almost 20 stuck with it,” she said. “To me that was really wonderful.”
Ari Selman ‘07, Kaleb Honsberger ‘06, Michael Sliger ‘08 and Michael Laycob ’07 were in the first wave. “The Law School was wonderful,” Mr. Laycob said. “Dean Lukingbeal said they would be honored to have me represent the school, and offered a stipend to anyone who would like to go.” Mr. Laycob and Mr. Sliger worked for the New Orleans Parish Juvenile Court, where only about 20 percent of the staff had returned after the hurricane. Many open charges remained on children who whereabouts were unknown. The judges asked law students to review the files and close them out where appropriate. “If it weren’t for the law students, these children would continue to have charges against them forever,” Mr. Laycob explained.
Mr. Sliger stayed in a church on a FEMA cot with other volunteers. Showers were across town at Tulane University. But Mr. Sliger didn’t mind that, or the drudgery of going through heaps of files. “This work gave me more motivation to study law so I can help people,” he said. “First year classes are so theoretical, and this was hands-on experience.”
In the second wave during spring break, Cornell Law students, including Jonathan C. Sclarsic ’08, worked for New Orleans Legal Assistance. One of Mr. Sclarsic’s tasks was interviewing clients. “It was very emotional,” he said. “To get FEMA assistance, you have to prove custody of your kids, and I saw a lot of mothers with divorce or custody issues who couldn’t even locate their husbands.” He, too, saw that he could make a difference. “The attorneys didn’t have to worry about training us,” he explained. “We took pressure off so they could roll through the cases.”
Mr. Sclarsic plans to return for a summer internship, clerking for the executive director at Legal Assistance. Eventually, he says, he’d like to work in public policy, attacking the many problems he saw in New Orleans. “I came back with a lot of questions and no answers,” he admits. “We as Americans have a tendency to forget,” added Mr. Sliger. “But we saw how bad things really are.”
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Law Students Coach Competitors to National Mock Trial Finals
Every year, the American Mock Trial Association (AMTA) hosts tournaments for undergraduate students, where they learn about the judicial system, develop critical thinking, and improve communication skills. And every year, a group of Cornell Law students coach the undergraduate Cornell Mock Trial group for these tournaments.
Cornell Mock Trial includes members from all disciplines. Student teams practice working on the AMTA mock trial case all year, discovering new ways to look at the evidence and honing their skills. In teams of six—three lawyers and three witnesses—they participate in a three-level competition ending with the national championship in Des Moines. This year, Cornell made it all the way to the national championship. They finished 4-4 and two of their witnesses were named All American.
Cornell law student Jeff Bank ’06 has been participating in mock trial competitions since high school. By his senior year as an undergraduate at Cornell, he was the president of Cornell Mock Trial. Becoming a coach was the logical next step. “I’ve been involved for so long, I wanted to keep an eye on it,” he quips; then adds, “I like seeing the undergrads get the same experience that I did.” Mr. Banks recruited Ben Bleiberg ‘06 and Jacqueline Moessner ’06, and they have served as coaches for three years.
Also a mock trial aficionado in high school, Ms. Moessner participated in the undergraduate mock trial group at Princeton. “I think the best part of coaching is seeing how much the kids improve over the year,” she says. Mr. Bleiberg came late to both law and the Mock Trial program. Interested in theatre as an undergraduate, he decided on law in his junior year. Looking for law-related activities, he discovered that his acting skills were very useful in witness roles. “When people think of a team, they think of sports,” Mr. Bleiberg notes. “But Mock Trial really is a team sport.”
In January, the three coaches helped the Cornell Mock Trial group host its own invitational tournament for 20 teams, with local attorneys and law faculty serving as judges. One of those judges was the Cornell Law School’s Dean of Students Anne Lukingbeal. She was impressed by the undergraduate teams, but more impressed by the Law School coaches. “The most wonderful part for me was seeing how many students are willing to give time, and in some cases their limited resources, just for the love of the game,” she says. “It makes me feel great about our students.”
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Beijing Conference on Global Trading with China
Designed to stimulate thinking about future relations between the U.S. and China in the context of the global trading system, the “Cornell-Beida Conference on the WTO System,” May 22-24, will bring together leading authorities on the World Trade Organization (WTO). The conference will emphasize developments in the “Doha Round” of multilateral negotiations, scheduled to conclude by the end of 2006, but mired in controversy over agricultural issues. It will also examine the impact of the ever-expanding number of regional and bilateral preferential trade arrangements on the WTO system.
The United States Ambassador to China, Clark J.Randt Jr., will address the conference at its opening dinner, Monday, May 22. The Chinese Minister of Commerce, Bo Xilai, is also expected to speak that night. Conference speakers include a number of high-ranking trade experts from the Chinese Ministry of Commerce, noted Chinese academics specializing in the WTO, as well as Cornell’s invitees, respected authorities from the rest of the world. The latter include: Kim Chulsu, former WTO Deputy Director-General, and former Korean Minister of Trade & Industry; Kym Anderson, Lead Economist (Trade Policy), Development Research Group, World Bank, and Professor of Economics,University of Adelaide, Australia; John Weeks, former Canadian Ambassador to the World Trade Organization and Chairman of the WTO General Council; and Kim Kihwan, International Chair of the Pacific Economic Cooperation Council, Chair of the Seoul Financial Forum, and Korea’s Ambassador-at-Large for Economic Affairs (during the 1997-98 fiscal crisis).
For Cornell, building research and exchange partnerships with top Chinese universities remains an important strategic priority. “The Cornell-Beida WTO conference will deepen the already close relationship between Cornell and Beida,” said David Wippman, Cornell University vice provost for international relations and Cornell Law School professor of law. The conference is being co-chaired by John J. Barceló III, W.N. Cromwell Professor of International and Comparative Law at Cornell Law School and an expert on the WTO. Stewart J. Schwab, Cornell Law School’s Allan R. Tessler Dean, will address the conference, as will former Cornell University President Jeffrey Lehman, currently a member of Cornell’s law faculty and President of the Joint Center for China-US Law & Policy Studies. Vice-Provost David Wippman and his Beida counterpart will open the conference with welcoming remarks. Other organizations who are conference co-conveners include: the Cordell Hull Institute, Washington, D.C.; the Beijing Foreign Studies University; and the Chinese Ministry of Commerce.
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Law School Graduate is Judge on Moussaoui Trial
U.S. District Judge Leonie Brinkema ’76 was the trial judge for the recent conviction and sentencing of Zacarias Moussaoui. Convicted as a conspirator in the September 11 attack, Moussaoui was sentenced on May 4 to life in prison without the chance for parole. A self-proclaimed Al Qaeda conspirator, he is the only person to be charged in connection with the attacks.
After the sentence, Moussaoui announced that he was the victor, taunting the court by flashing a V for victory sign. Judge Brinkema, who ran a tightly controlled court during the trial, had the last word, refusing to let Moussaoui interrupt her. "Mr. Moussaoui, you came here to be a martyr in a great big bang of glory," she said, "but to paraphrase the poet T.S. Eliot, instead you will die with a whimper. You will never get a chance to speak again and that's an appropriate ending," she added. This is in reference to Moussaoui being sentenced to serve the rest of his life at a super-maximum security prison in Florence, Colorado, where the prisoners are kept totally isolated. "Mr. Moussaoui, when this proceeding is over, everyone else in this room will leave to see the sun ... hear the birds ... and they can associate with whomever they want," Judge Brinkema said. "You will spend the rest of your life in a supermax prison. It's absolutely clear who won."
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Test
MAY 2006:
LA Times was the first of many newspapers to publish articles discussing JOHN BLUME's recent unanimous win before the U.S. Supreme Court. "Cornell Law School professor John Blume, who argued Holmes' case, said the ruling will give him a new trial. 'This is a very good outcome, and hopefully it will lead to his acquittal,' said Blume, also a Columbia appellate defense lawyer." The Legal Times, in discussing this case, quoted Barry Scheck, a former president of the National Association of Criminal Defense Lawyers, who called Monday's decision a "profoundly significant ruling."
April 2006:
USA Today quoted STEPHEN YALE-LOEHR in an article about U.S. companies violating immigration laws. "Stephen Yale-Loehr, a Cornell Law School professor, says immigration laws already exist to crack down on 'employers who knowingly hire undocumented workers.' A Supreme Court ruling allowing the RICO lawsuits would provide more legal ammunition, he says."
The Financial Times also quoted STEPHEN YALE-LOEHR in an article on a class action lawsuit filed by legal Mohawk workers, claiming that the company conspired to depress their wages by hiring illegal immigrants. The suit claims the company conspired with outside recruiters to employ undocumented workers, including transporting them from the Texas border to the company's plant in Georgia. Steve Yale-Loehr, professor of immigration law at Cornell University Law School, says the case "could set a precedent for the use of Rico in the immigration context and would certainly provide another arrow in the quiver of either private individuals or the government to use against companies that employ illegals."
The Wall Street Journal quoted STEPHEN YALE-LOEHR in an article that looks at Professor Yale-Loehr's defense of a Princeton student, an illegal immigrant. "After exploring options, Steve Yale-Loehr, Mr. Padilla's attorney, decided to bet on a clause for 'extraordinary circumstances,' noting that Mr. Padilla was abandoned by his father, his mother was ill and the family was homeless, to justify why Mr. Padilla didn't file an application for status adjustment in a timely fashion -- 17 years ago. Regulations allow the immigration agency to accept a non-timely change of status application under certain circumstances. The petition requests that Mr. Padilla's expired tourist visa be changed to a student visa, which would allow him to go abroad and then return to the U.S. without penalty."
The New York Times and the International Herald Tribune quoted Dean STEWART J. SCHWAB in an article discussing the possibility of bankruptcy for U.S. car manufacturers and what, if anything the government should do about it. '' 'In the current climate, the government would be very reluctant to step in and protect one company in a much larger industry,' said Stewart J. Schwab, an expert in labor law and dean of Cornell Law School. 'They would have to wonder whether they are just helping the inefficient; that's not a good long-term strategy.' ''
The Chicago Sun-Times recently quoted Professor VALERIE P. HANS in an article looking at the jury trial of former Gov. George Ryan. The jury has deliberated for a month, and does not appear to be in a hurry to reach a verdict. The article quotes Professor Hans as saying: " … the jury probably does want to move on but realizes its commitment. 'Let's face it; they're in for the ride here,' Hans said. 'My guess is they're awfully committed.'"
March, 2006:
The Chicago Tribune, discussing the dismissal of two jurors in the trial of former Illinois Gov. George Ryan for possibly lying on the juror questionnaires, quoted Professor VALERIE HANS. "[L]ying about the information 'is sufficient for removal'-and possibly prosecution-warned Cornell University Law professor Valerie Hans, a jury expert watching the Ryan trial, for which the juror questionnaire was 34 pages long. 'Of course, the more questions you ask, the greater the likelihood that a prospective juror can get in trouble,' she said."
STEWART J. SCHWAB, the Allan R. Tessler Dean and Professor of Law, was one of many Cornell Law faculty members contacted by media to talk about the U.S. Supreme Court's recent decision on Rumsfeld v. Forum for Academic and Institutional Rights (FAIR). The following appeared in an article by Fox News: "'I think Chief Justice Roberts accurately concluded at the end of the opinion that the plaintiffs and the 3rd Circuit court were pushing the envelope on First Amendment doctrine,' said Stewart Schwab, dean of Cornell Law School. Cornell University filed an amicus brief supporting the law schools. Schwab said he was not surprised at the court's opinion, but defended the law schools' efforts to keep military recruiters off campus. '[Law schools] feel we have taken the lead on non-discriminatory policy for legal employers across the board,' Schwab said. 'Our students and faculty think this is an important principle ... that how good a lawyer one is has nothing to do with sexual orientation.'"
Professor STEVEN SHIFFRIN was quoted in a Catholic Courier article discussing the Catholic majority on the U.S. Supreme Court. "It's more likely that Bush chose Alito because he's conservative than because he's Catholic. Then again, the Bush administration knows Catholics are a swing vote, and in the last presidential election, some bishops' statements led voters to identify the Republican Party with Catholic values, Shiffrin said."
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Supreme Court Unanimously Backs Professor Blume
On May 1 the U.S. Supreme Court issued a unanimous opinion in Holmes v. South Carolina, endorsing the arguments made by Professor John Blume on February 22, 2006.
In the case, Professor Blume argued on behalf of Bobby Lee Holmes, a South Carolina death row inmate. The question before the Court was whether it violates the Sixth and Fourteenth Amendments to prevent a defendant in a capital case from presenting evidence that a third party committed the crime. Writing for the Court, Justice Alito held in part: “A criminal defendant’s federal constitutional rights are violated by an evidence rule under which the defendant may not introduce evidence of third-party guilt if the prosecution has introduced forensic evidence that, if believed, strongly supports a guilty verdict.”
The relevant facts were as follows: a third party claims to have committed the crime for which Mr. Holmes was convicted, but forensic evidence implicates Mr. Holmes. Following South Carolina law on third-party guilt, the trial court found the evidence against Mr. Holmes so compelling that naming a third party as the potential criminal in the case would have conflicted with 1941 and 2001 court precedents on third-party guilt issues. In South Carolina an individual may imply the guilt of a third party during trial. However, he may not implicate a particular person unless there is specific evidence linking him or her to the crime. Mr. Holmes claimed that the state’s third-party guilt rule violated his due process rights, as York County trial court, state appellate court, and the South Carolina Supreme Court all refused to admit evidence linking the other individual to the crime. By a vote of 4-1, the South Carolina Supreme Court upheld Holmes’ conviction in November 2004.
In Justice Alito’s opinion for the Court he stated that, “by evaluating the strength of only one party’s evidence, no logical conclusion can be reached regarding the strength of contrary evidence offered by the other side to rebut or cast doubt. Because the rule applied below did not heed this point … the rule violates a criminal defendant’s right to have ‘ “a meaningful opportunity to present a complete defense.” ‘ “
A renowned death penalty litigator, Professor Blume is director of the Death Penalty Clinic at Cornell Law School (see http://www.lawschool.cornell.edu/library/death/.
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NYC Commissioner of Consumer Affairs
In March, New York City Mayor Michael R. Bloomberg announced the appointment of Jonathan Mintz ‘88 to be the commissioner of the Department of Consumer Affairs (DCA). Commissioner Mintz has served as the department's acting commissioner since May 2005 and previously served as a deputy and assistant commissioner at DCA. "As a senior member of the Department of Consumer Affairs, Jonathan has been central to every one of the Department's successes over the last four years," said Mayor Bloomberg. "Jonathan has expanded New Yorkers' access to the earned income tax credit, helped keep cigarettes out of the hands of minors, and successfully resolved consumer complaints to 311. With his remarkable experience, I know Jonathan will excel in this new position and continue to help make New York City the best place in the world both to live and to do business."
"Businesses and consumers enjoy a vibrant marketplace in New York, one that thrives on openness and fair dealings," Commissioner Mintz said. "I'm honored and humbled to be able to lead Consumer Affairs as it plays an ever more important role in ensuring this vitality." The DCA Affairs helps foster a fair and competitive consumer marketplace. During Commissioner Mintz’s tenure, DCA has cut the wait time at the Department's Licensing Center by one-third despite large increases in the number of applicants, increased the amount of restitution awarded to consumers through mediation efforts, and worked to end deceptive advertising practices. DCA has also increased the number of qualified New York City residents taking advantage of the earned income tax credit, cracked down on the sale of illegal fake guns, and prevented tobacco retailers from selling products to minors. Commissioner Mintz has also worked to streamline the functioning of the department's internal operations and collaborated on a broad range of initiatives with other city and state agencies.
Before joining the DCA, Commissioner Mintz worked in the fields of law and education. He was head teacher and taught second grade at the Little Red School House in Greenwich Village and was a member of the founding faculty of the Roger Williams University School of Law. Commissioner Mintz also taught at the Chicago Kent College of Law and practiced at San Francisco's McCutchen Doyle Brown and Enersen.
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Aaron Lavine ’04 Named Pro Bono Fellow
Aaron O. Lavine ’04 has been named the Sullivan & Cromwell Pro Bono Fellow. Mr. Lavine exclusively pursues pro bono cases during the course of his one-year fellowship.
The Sullivan & Cromwell Pro Bono Fellowship is a one-year fellowship is granted to one new member of Sullivan & Cromwell’s litigation group in New York each year. The fellow must have just completed a clerkship, traditionally at the Second Circuit or a district court therein. The fellow thus joins the litigation group as a second year associate and, at the completion of the fellowship, remains a member of the firm's litigation group (at that point as a third year associate). During the course of the fellowship, the fellow exclusively pursues pro bono cases of his choice (plus those inherited from the previous Pro Bono Fellow, with whom the incoming Pro Bono Fellow works quite heavily across the year). The fellowship has traditionally had a prisoner's rights bent to it, but can encompass other matters as well.
Mr. Lavine has used the fellowship to pursue impact litigation that is ongoing within the firm, and to add an increasing focus on asylum work. Through the impact litigation—which is in summary judgment now—they are seeking for Shi'ite inmates in New York's prisons the right to pray separately from the Sunni inmates, who currently control the Muslim prison services throughout New York. The case thus includes claims under the Free Exercise Clause, the Establishment Clause, the Equal Protection Clause, and the Religious Land Use and Institutionalized Persons Act. “It has been a difficult but fascinating experience in the short time that I have been here,” said Mr. Lavine. “I have filed a 65-page brief in opposition to summary judgment and argued half of the oral argument thereon in district court.”
“The law school is proud of the increasing numbers of our students and alumni who view public interest fellowships as appealing and worthwhile pursuits.” remarked Karen Comstock, Assistant Dean for Public Service.
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Professor Carmichael’s Book is Among Top Ten
A memoir by a Cornell University professor, about a renowned scholar of law and religion who fled Hitler's Germany for England in the 1930s, has been chosen among the top 10 recommended books to law professors and lawyers in Germany by a panel of distinguished legal scholars and practitioners.
The book, Ideas and the Man: Remembering David Daube (Vittorio Klostermann, 2004) by Calum Carmichael, professor of comparative literature and associate member of the law faculty at Cornell, was listed in Neue Juristische Wochenschrift, a weekly forum for the legal profession in Germany.
The citation mentioned the book's evocation of Professor Daube as an "eminently learned and original legal historian of the ancient Mediterranean world." It also commended Professor Carmichael for "[capturing] not just Daube's intelligence and humor, but also the distinctiveness of his approach to law."
In Ideas and the Man, Professor Carmichael praises David Daube for "his absorption in the intricacies of different legal traditions [that] made him alert to elements of the law that find expression in the world of [ancient] literature, be it Christian, Greek, Jewish or Roman. In The New Testament and Rabbinic Judaism [a 1956 book by Professor Daube], he revolutionized prevailing perceptions about ideas and institutions in the New Testament by applying his sophisticated understanding of how Talmudic law and literature illuminate that work."
After leaving Germany, Professor Daube went on to become the Regius Professor of Civil Law at the University of Oxford and a fellow of All Souls College. Professor Carmichael studied under him there and went on to help Professor Daube publish his Collected Works and collaborate with him on U.S. National Endowment for the Humanities teachers' seminars. Professor Daube, who eventually moved to the United States, died in 1999.
Professor Carmichael, who researches the relationship between law and narrative in early biblical material, teaches biblical and cognate (Near Eastern and Talmudic) literature at Cornell. He is teaching a seminar on biblical law at the Cornell Law School this semester.
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Professors Clymer and Sannes Offer a Class on Terrorism and Law
The events of September 11, 2001, had profound effects not only on United States society, but also on the country's legal climate. Last fall, Professor Steven Clymer and Assistant United States Attorney and Cornell Law School Adjunct Professor Brenda Sannes decided to create a course that would examine the way in which domestic law and its enforcement have changed to address the threat that terrorism poses to the United States. "We wanted to examine the way in which our government responded at home to the September 11 attacks and the way in which the response raises concerns about separation of powers, use of executive power, civil liberties, and privacy interests," says Professor Clymer.
It took some time for Professors Clymer and Sannes to assemble appropriate class material: "There are texts, but we decided to start from scratch. We assembled a casebook of our own that is somewhat different than a standard law-school casebook." Professor Clymer says. "Although it does include cases, it also contains newspaper articles, extensive excerpts from law review articles, congressional testimony, materials from the internet, and other relevant items from a variety of sources. We have to supplement the materials regularly because there frequently are new developments, almost every day."
"We tried to present both sides to issues, both in class and in the materials," continues Professor Sannes. "We presented the ACLU position on various Patriot Act provisions, for example, and also included opposing views. We wanted the students to fully understand the post-9/11 changes and the need to balance protection for civil liberties with an effective response to the threat of terrorism." Have debates in the class been fractious? "Not at all," says Professor Sannes. "The discussions have been very even-handed."
Unlike all but a few Law School courses, enrollment is also open to non-law students at Cornell, both undergraduates and graduate students. The course will be offered annually. "We're still learning how to teach it," says Professor Clymer. "It will look different next year."
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Professor Lasser Invited to Advise French Supreme Court
Forced to change its judicial decision-making procedures by the European Court of Human Rights, France's Cour de Cassation (the French Supreme Court in private and criminal law matters) has initiated a set of important procedural reforms. A member of the Law School's faculty and a scholar of comparative law, Mitchel Lasser was invited by the Court’s Chief Justice to speak to the Court and its closest colleagues about the direction such reforms might take. Several hundred members of the Court, academia and the bar were in attendance.
The most pressing issues for the Court concern the transparency of the Court's discussions and the role to be played by assorted judicial players (the judges, legal scholars, members of the bar, and the parties themselves). The Court and its scholars have split into vocal and impassioned factions with regard to these problems, and as Professor Lasser spoke, he was aware that his opinions were dismaying some of his audience even as they gratified the rest. "It was a wonderfully contested hearing," says Professor Lasser. "I had an hour to speak, after which I spent another hour answering questions posed by two invited respondents and by the audience at large." Why would the Court have been interested in the opinion of a U.S.-based scholar, rather than one of the many French scholars of the Court? "Because I am outside the system, I was allowed to say things that some of the people within it might not have been able to say," says Professor Lasser. “Furthermore, as I specialize in French, American and European judicial decision-making theory and practice, I could offer them a more comparative perspective.”
Professor Lasser has a long relationship with members of the French Supreme Court and it is likely that he will be an active participant in their ongoing discussion of reforms.
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Incoming 1L Skates Well in Torino Olympics
At the recently concluded Olympics, Matt Savoie finished seventh, one of three members of the U.S. Men’s Figure Skating Team to place in the top ten. He moved up one spot after the short program with an elegant program to music from “The Mission.” Mr. Savoie begins Cornell Law School in the fall and does not plan to compete next year, though he will continue to skate. “If it were my last performance, I'm proud and I would be happy with it,” he said in a recent press report. “Ending on a high note is something I've always dreamed about.”
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Professor Blume Argued Before U.S. Supreme Court
Professor John Blume argued a case before the United States Supreme Court on February 22, 2006. In the case, Holmes v. South Carolina, Professor Blume argued on behalf of Bobby Lee Holmes, a South Carolina death row inmate. The question before the Court was whether it violates the Sixth and Fourteenth Amendments to prevent a defendant in a capital case from presenting evidence that a third party committed the crime.
A third party claims to have committed the crime for which Mr. Holmes was convicted, but forensic evidence implicates Mr. Holmes. Following South Carolina law on third-party guilt, the trial court found the evidence against Mr. Holmes so compelling that naming a third party as the potential criminal in the case would have conflicted with 1941 and 2001 court precedents on third-party guilt issues. In South Carolina an individual may imply the guilt of a third party during trial. However, he may not implicate a particular person unless there is specific evidence linking him or her to the crime. Mr. Holmes claimed that the state’s third-party guilt rule violated his due process rights, as York County trial court, state appellate court, and the South Carolina Supreme Court all refused to admit evidence linking the other individual to the crime. By a vote of 4-1, the South Carolina Supreme Court upheld Holmes’ conviction in November 2004. The U. S. Supreme Court accepted the case for review in September 2005.
A renowned death penalty litigator, Professor Blume is director of the Death Penalty Clinic at Cornell Law School. Additional information on this case may be found via http://www.law.cornell.edu/supct/cert/
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U.S. Congressman Hinchey Discusses President Bush’s "Assault on the U.S. Constitution"
Congressman Maurice Hinchey (D- 22nd Dist.) led a forum at the Cornell Law School discussing the Bush Administration and potential conflicts with the Constitution. The forum, “No Checks, No Balances, No Problems: President Bush’s Assault on the U.S. Constitution” was held on February 13 in Myron Taylor Hall and was sponsored by the Cornell Law Democrats.
“I’m looking forward to having an important and necessary discussion with the Cornell University community about what I believe is a dangerous abuse of power by President Bush,” Rep. Hinchey said prior to his talk. During his opening remarks he told the audience “not to be critical of this administration is the most unpatriotic act anyone can commit.”
Rep. Hinchey discussed President Bush’s approval of a controversial warrantless surveillance program, the detention of individuals without the filing of charges, and the White House’s use of the “war on terrorism” as a reason for trying to seize more power for the executive branch. He believes that the administration has failed to uphold the Constitution’s protection of citizen rights and, through a “culture of fear,” has forced citizens and government officials to relinquish freedoms and responsibilities laid down by the country’s founders.
Rep. Hinchey represents New York’s 22nd Congressional District, which spans seven counties from the Hudson Valley to Ithaca in the Finger Lakes Region. He is currently serving his seventh term in the U.S. House of Representatives and is a member of the House Appropriations Committee, which allocates funds in the federal budget. The congressman also is one of 20 members of the bicameral and bipartisan Joint Economic Committee.
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Silver Anniversary of the MacDonald Moot Court Room
On February 20, 2006 (President's Day), the Cornell Law School Moot Court Board invites all students, alumni, faculty, staff and administrators to join together at 12:30 p.m. in the MacDonald Moot Court Room (Room 390) of Myron Taylor Hall to celebrate the Silver Anniversary of the Moot Court Room's dedication to Professor John W. MacDonald '26. The event will include information about Professor MacDonald and a champagne toast rededicating the Moot Court Room.
In June of 1980, Cornell Law School honored one of its most accomplished and beloved professors, John W. MacDonald '26, by renaming the Moot Court Room in his honor. Twenty-five years later, the Moot Court Board has the honor of acknowledging Professor MacDonald and honoring his memory with a Silver Anniversary Toast. Preceding and following the toast will be other events, sponsored by the law school, the journals, and several student organizations to welcome back our alumni.
In this event, we hope not just to commemorate a room, but also to honor a life. We hope to connect our past, present, and future. We would be deeply honored if you could join us for this celebration.
For more details, please see http://mootcourt.lawschool.cornell.edu/silveranniversary.html
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Dennis P. Walsh ’83 Appointed to National Labor Relations Board
President Bush recently announced the appointment of Dennis P. Walsh ’83 to serve as a member of the National Labor Relations Board (NLRB). Mr. Walsh has served on the board on two previous occasions.
Mr. Walsh, a Democrat, was nominated by the President on April 27, 2005 for the remainder of a five-year term expiring December 16, 2009. Under this recess appointment he can serve until the sine die adjournment of Congress in 2007 unless the Senate confirms his pending nomination.
Mr. Walsh served as a board member from December 30, 2000 to December 20, 2001 under a recess appointment by President Clinton. He served again from December 17, 2002 to December 16, 2004, after being nominated by President Bush and confirmed by the Senate. During the past year he has been on the legal staff of a fellow member of the board, Wilma B. Liebman.
Mr. Walsh was chief counsel to Ms. Liebman from 1997 to 2000 and to former NLRB member Margaret A. Browning from 1994 to 1997. He began his legal career in 1984 as an NLRB attorney in the Office of Representation Appeals. Mr. Walsh transferred to the staff of former board member Patricia Diaz Dennis in 1985, and moved to the Appellate Court Branch in 1986. A year later, he transferred to the Philadelphia, PA Regional Office (Region 4) as a field attorney. Mr. Walsh resigned in 1989 to practice law with Spear, Wilderman, Borish, Endy, Browning & Spear, a Philadelphia firm, and returned to the NLRB in 1994 as chief counsel to Ms. Browning.
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Cornell First in ’05 NY Bar Results
Cornell Law School’s July 2005 NY bar pass rate for first-time candidates rose three points to 95%. This places Cornell at the top of the bar pass rates for all law schools in New York State, with the state average at 76%. New York University School of Law and Columbia Law School reported three- and four-point drops, respectively.
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Farina, Bruce, and Cornell Colleagues Awarded NSF Grant in Digital Government
Cynthia R. Farina and Thomas R. Bruce of the Law School are part of a multidisciplinary team that has received a $750,000 grant from the National Science Foundation's Digital Government project. The team, which includes natural language processing expert Claire Cardie and sociologist Erica Wagner (of the Computing & Information Science program and Hotel School, respectively), will study sophisticated uses of information technology to help federal agencies manage and monitor the creation of new regulations on the web. They are particularly interested in developing technological tools in two areas: making it easier for rule-writers to comply with the complex set of legal requirement that apply to creating a rule, and managing the increasingly unwieldy public comment process in which stakeholders give the agency feedback on proposed regulations. In addition, the team will study the internal agency process of rulemaking itself, collecting data on whether and how the Internet is changing that process.
Under compulsion from the E-Government Act of 2002, federal agencies are converting the rulemaking process (and, indeed, their entire docket of public records and actions) from paper to the Internet. The site www.regulations.gov is to be the single web portal for access to, information about, and participation in all federal agency actions, including the process of publicizing and taking comments on proposed rules - which is now known as electronic rulemaking (eRulemaking.) This conversion is supposed to make rulemaking more transparent and accessible to the public, as well as faster, more informative, and more cost-effective for the agency. However, it has quickly become apparent that, if the technology is not thoughtfully and proactively used, e-rulemaking could frustrate the rule writer's task by swamping her with thousands of relatively uninformed and useless comments that must nonetheless be managed. Moreover, as Farina recently pointed out in remarks to the House Judiciary Committee, unless the comment interface is carefully constructed, rather than educating and empowering citizens to participate in policymaking, Regulations.gov will become just another medium through which a limited group of insiders communicates with those in government.
The Cornell team will work on these problems by focusing not only on developing technology-based systems to help agency rule writers do their job better, but also on using technology to design a comment interface that helps would-be commentators understand how the comment process works and what the legal and technical basis of the proposed rule is. The team's cross-disciplinary make-up—-expertise in natural-language processing techniques (Cardie, principal investigator), regulatory law (Farina, principal investigator), public legal information systems (Bruce), and the effect of technology on organizations (Wagner)--makes it particularly well-suited for such a project. As Bruce, Director of the Cornell Legal Information Institute, remarked, "An important function of the LII is acting as a seedbed for this kind of multidisciplinary activity, and I'm delighted it's bearing fruit. Cornell is one of a very few places where one can find this particular array of expertise and mobilize it to help both government and the public." NSF apparently agreed. In a year of sharply restricted funding, the Cornell team was one of only two proposals in the e-Rulemaking area to receive a major grant. (The other team has been working in the area, with NSF support, for several years).
The award recommendation concluded that Cornell's project "is likely to have wide and deep impacts on research and education." The team will partner with agencies in the Departments of Commerce and Transportation during the three-year project.
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Michael E. Toner '92 Elected Chair of FEC
In December of each year, members of the Federal Election Commission (FEC) elect a chair and vice chair to serve for the upcoming calendar year. This year the commissioners elected Michael E. Toner '92 (Republican) as chair and Danny L. McDonald (Democrat) as vice chair for 2006. The Federal Election Campaign Act requires that the holders of both positions be of different political parties, and states that a member may serve as chair only once during a six-year term of office.
Mr. Toner was nominated to the Federal Election Commission by President George W. Bush on March 4, 2002 and appointed on March 29, 2002. He was confirmed by the United States Senate on March 18, 2003.
Prior to being appointed to the FEC, Mr. Toner served as chief counsel of the Republican National Committee (RNC). He joined the RNC in 2001 after serving as general counsel of the Bush-Cheney transition team in Washington, D.C. and general counsel of the Bush-Cheney 2000 presidential campaign in Austin, TX.
Before joining the Bush campaign in Austin, Mr. Toner was deputy counsel at the RNC from 1997-1999. Prior to his tenure at the RNC, he served as counsel to the Dole/Kemp presidential campaign in 1996.
Mr. Toner received a J.D. cum laude from Cornell Law School in 1992, an M.A. in Political Science from Johns Hopkins University in 1989, and a B.A. with distinction from the University of Virginia in 1986. He is a member of the District of Columbia and Virginia bars as well as the United States Supreme Court bar, the Fourth U.S. Circuit Court of Appeals, and the U.S. District Courts for the District of Columbia and the Eastern District of Virginia.
Created in 1975, the Federal Election Commission is an independent federal agency established to enforce limitations and prohibitions on contributions to federal candidates and committees, to require them to disclose their financial activities, and to administer the public financing program for Presidential elections.
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Two Cornell Law Students Receive MCAA Fellowships
The Minority Corporate Counsel Association (MCCA), recently announced 18 winners of the Lloyd M. Johnson Jr. Scholarship Program, a professional development program geared to align diversity efforts with global business goals by increasing access to opportunities for students earlier in their careers. This year the MCCA has selected two Cornell Law School students to receive fellowships: Patricia Astorga '08 and Heidy M. Abreu '08. “Cornell Law is fortunate to have such talented students,” said Naomi K. McLaurin, managing director of the southeast region for the MCCA. “I foresee great things in both of their futures.”
AstraZeneca, one of the world's leading pharmaceutical companies, recently supported one of these scholarship for aspiring lawyers and MCCA was pleased to award the 2005 AstraZeneca Fellowship to Patricia Astorga '08 of Cornell Law School.
Ms. Astorga is currently a first-year law student at Cornell Law School, where she is a representative for the Asian Pacific American Law Students Association and a member of Phi Delta Alpha. She graduated magna cum laude and Phi Beta Kappa from New York University in May 2005, with a double major in Politics (Honors) and Psychology, and a minor in Philosophy. Ms. Astorga worked as a legal assistant from 2002 to 2004. She has also interned with the D.C. Office of Attorney General (2005), the Office of Senator Hillary Clinton (2002), and the Legal Aid Society (2001).
The Microsoft Corporation, the world's leading computer software company, sponsored a Lloyd M. Johnson Jr. Fellowship that was awarded to Heidy M. Abreu '08. Ms. Abreu is currently a first year J.D./LLM in International Law at Cornell Law School and is interested in corporate law at the international level.
Ms. Abreu spent last year in Japan as a JET Program participant. As part of the class of 2004 at Dartmouth College she double majored in psychology and sociology, wrote an honors thesis, and was a Presidential Scholar. As an undergraduate she was also on the board of directors for several community service projects including a medical and engineering brigade in Nicaragua and a summer school in her place of birth, the Dominican Republic.
The Lloyd M. Johnson, Jr. Scholarship Program (named after the founder of MCCA) enables the MCAA to present scholarships annually to outstanding students, enabling them to eventually pursue careers in law. Organizations from the nation's leading Fortune 500 companies and top legal offices in the nation currently participate as sponsors in the program, including Abbott Laboratories, Boeing, AstraZeneca, Baker & Makenzie, Fulbright & Jaworski, Pfizer, Wal-Mart Stores, and Microsoft. The program reflects the largest financial commitment by a legal organization for the support of diversity scholarship and education in the history of the profession. Eighteen students have been selected as recipients of financial awards. The primary factor that distinguishes this program from others is a three-year financial commitment by participating organizations to integrate first-year students into strategic positions in leading corporate law departments.
“Over the years, I've realized that the difference between professional success and failure boils down to whether you have three things going for you -- knowledge, access, networks -- I call it K-A-N,” said Lloyd Johnson Jr., MCCA's founder and first executive director. “This scholarship program is designed to offer more than financial support to earn a degree and achieve the 'K' part of the equation. This program is different from others because it also offers career development support, the type of support that opens access to opportunities and helps to build a network of mentors and supporters.”
“It's all about grooming future leaders,” said Veta Richardson, MCCA executive director, “After reviewing more than 580 applications, MCCA presented a group of forty finalists to our selection committee, which consisted of people who are remarkable leaders -- highly successful general counsel, law firm partners, business executives. I knew we made the right choice when this elite group of leaders remarked on the high quality of our candidates and several law firms wanted to hire them right on the spot.”
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Professor Farina Addresses Judiciary Committee on Regulations.gov
Gov.Exec.com-USA recently quoted Cynthia R. Farina in an article discussing the status of Regulations.gov, the website being developed by the federal government that will allow users to submit electronic comments to all agency rulemakings by fiscal 2007. Part of Professor Farina's remarks came from her statement before the House Judiciary Committee where she recently joined other researchers and agency officials in addressing the committee about progress and concerns in the Regulations.gov project.
The online article, by Chloe Albanesius, of National Journal's Technology Daily, notes that Professor Farina “… questioned whether making e-rulemaking available online would 'raise expectations about [comment] legitimacy as more people have the opportunity to participate more broadly.' Administrators have not examined 'how we use the [regulation.gov] technology to try to assist the more average member of the public' leave comments 'in a way that makes them feel that they have expressed their view [without] getting in the way of the agency's job,' Farina said.” The full article is available at http://www.govexec.com/story_page.cfm?articleid=32928&dcn=todaysnews
Professor Farina, along with Thomas R. Bruce, Director of Cornell Law School's Legal Information Institute; Claire Cardie, Associate Professor of Computer Science at Cornell University; and Erica Wagner, Associate Professor in Cornell's Hotel School; are helping to address this concern. With a large grant from the National Science Foundation (Professors Cardie and Farina are the principal investigators), they are working on ways to design the comment interface that will help members of the public better understand the rulemaking process, and submit more effective comments. Their work is part of a new multidisciplinary, multi-institutional collaboration originating at Cornell Law School called PIPER: The Project to Improve E-Rulemaking Practice.
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Cornell Law School Graduate Receives Ford Foundation Award
A Bay Area lawyer and Cornell Law School graduate, well known for his work in advancing the rights of transgendered people, received a $100,000 Ford Foundation award on October 6. This is a national honor given yearly to community leaders "working against great odds to make a difference." Shannon Minter '93, legal director of the National Center for Lesbian Rights (NCLR) in San Francisco and one of the lead attorneys in the controversial gay marriage litigation, is one of seventeen people in the United States who will receive the Leadership for a Changing World award. The program is administered through the Advocacy Institute, a Washington, D.C., social justice training group.
"It's a wonderful, great honor," said Mr. Minter, 44, a transgender man credited with laying the legal groundwork for many state and local laws that prohibit discrimination against transgender men and women in health care and employment. Mr. Minter has handled many legal cases of transgender people and their families in his work with NCLR. He has worked on court cases involving parental rights of gay and lesbian parents and he is now working on the appeal of a transgender female who was fired from her Salt Lake City job as a bus driver because of her gender change.
"It would be very nice if it we got to a point where it was no particular interest to anyone whether you're transgender or gay," said Mr. Minter. "But unfortunately we're not there yet. There's tremendous struggle for social and legal acceptance. It's a private fact that right now has tremendous public consequences."
The country's leading scholars and legal experts on gay, lesbian and transgender issues credit the soft-spoken Mr. Minter for his tireless groundbreaking work. "If you look at Shannon's history of being open about being a transsexual, and imagining the barriers that one faces with that, he's been a person who's been able to bridge multiple communities," said Laura Chambers, vice president of the Advocacy Institute. "He's been fearless about it."
Mr. Minter, who speaks with a subtle Texas drawl, has "an uncanny ability" to engage people, his close friends and colleagues say. Helen Carroll, coordinator of an NCLR project on homophobia in sports, said Mr. Minter "brought transgender into the conversation in a thoughtful and very understanding way."
Mr. Minter's folksy way of blending local grass-roots advocacy with his national leadership is "designed to change the world," said Liz Seaton, legal director of the Human Rights Campaign, a national gay, lesbian, bisexual and transgender advocacy group. Ms. Seaton said she nominated Mr. Minter for the Ford Foundation award three times in the past four years.
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Faculty Author Amicus Briefs
In Holmes v. South Carolina, the U. S. Supreme Court granted certiorari to determine whether the South Carolina rule restricting evidence of the admissibility of the guilt of a third person violated Mr. Holmes' rights protected by the Due Process, Confrontation and compulsory process Clauses. In Holmes, Professors Garvey and Blume authored an amicus brief, filed in support of the petitioner, on behalf of a number of distinguished professors of Evidence Law. Professor Rossi was one of the amici.
In Day v. Crosby, the Court granted certiorari to determine whether, in a habeas corpus matter, the district court may raise a statute of limitations' issue sua sponte. In Day, an amicus brief was filed in support of the petitioner on behalf of a number of academic experts in habeas corpus law. In that case, Professor Blume was one of the amici. One of our alumni, Anne-Marie Luciano '01, now an associate at Dickstein Shaprio in D.C. was one of the authors of the brief.
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Professor Clymer Appears Before Senate Judiciary Committee
The Senate Committee on the Judiciary convened a hearing on October 19 regarding "Reporters' Privilege Legislation: An Additional Investigation of Issues and Implications." Witnesses called to testify included Cornell Law School's Professor Steven D. Clymer along with David Westin, president of ABC News; Judith Miller, investigative reporter and senior writer for The New York Times; Anne Gordon, managing editor of the Philadelphia Inquirer; Dale Davenport, editorial page editor of The Patriot-News in Harrisburg, Pennsylvania; Joseph E. diGenova, founding partner diGenova & Toensing LLP; and Chuck Rosenberg, United States Attorney for the Southern District of Texas on behalf of the United States Department of Justice.
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The Distinguished Jurist in Residence Program~October 25
The Honorable Richard C. Wesley, United States Court of Appeals for the Second Circuit will participate in a panel discussion on "Should Gun Manufacturers Be Liable for Crimes Committed with Guns? (Hamilton v. Beretta) with Professors Heise, Henderson, and Wendel. See www.lawschool.cornell.edu/misc/MainFlyerMs.htm
www.lawschool.cornell.edu/misc/MainFlyerMs.htm
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Law School is the New Home of Institute for the Social Sciences
The arrival of the fall semester also heralded the arrival of Cornell's Institute for the Social Sciences (ISS) at the Law School. In a move that further enhances the Law School's already strong reputation for interdisciplinary and empirical legal scholarship, Dean Stewart Schwab offered to house the Institute's faculty and staff in Myron Taylor Hall's newly renovated first floor. David Harris, the vice provost for social science at Cornell and executive director of ISS, sees the linkage with the Law School as a natural, noting that “social science has a lot to offer to legal studies and vice versa… The space for the offices works well with our mission. It encourages collaboration.”
A large conference area was created for the ISS during the renovations. The first conference in their new setting will be on October 20 when they sponsor a seminar entitled “How do Biology and Culture Fit in a Theory of Family Change?” Meanwhile, classes are being held in the ISS environs as well as a film series and ongoing projects and conferences as part of the ISS's various themed projects.
The ISS is modeled partly on Cornell's Society for the Humanities. What's different, and unique, about the Cornell Institute is its thematic approach, according to Elizabeth “Beta” Mannix, recently named director of the ISS. Each year a specific theme is selected and faculty across campus are invited to submit proposals, with three years to plan, put into action, and complete them. They range from co-instructed courses to collaborative projects, workshops, journal articles, and books. “The main idea is to foster inter¬disciplinary connections among people,” Ms. Mannix says.
Ms. Mannix is a longtime member of Cornell's Social Sciences Advisory Council, the group that guides ISS. “We wanted to do with the social sciences what Cornell has done with the life sciences - to bring them together on campus,” she says. “We have great resources in terms of faculty, great intellectual capital, but it's dispersed. And we knew we could do a better job at hiring and retaining top-flight social scientists.” The ISS is located at 148 Myron Taylor Hall and more information about the Institute can be found at www.socialsciences.cornell.edu.
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Law Library Acquires Milestone 700,000 Volume
The Cornell Law Library celebrated the acquisition of its 700,000th volume, along with the five works leading up to that milestone, all written by members of the Cornell Law faculty. Stewart J. Schwab, the Allan R. Tessler Dean and Professor of Law, along with the Law School Advisory Council, joined Claire Germain, the Edward Cornell Law Librarian and Professor of Law, in congratulating Professor Summers whose latest book, Form and Function in a Legal System-A General Study (Cambridge University Press) was the book that allowed the law library to surpass this significant threshold.
Professor Summers's book was purchased with funds provided by the Sheppard A. Guryan '67 Law Library Endowment, established in 2000 to support the acquisition of books and related materials on the history of jurisprudence and American legal thought. Mr. Guryan '67 is a member of the Advisory Council and was at the Law School celebration. He was pleased to receive a framed bookplate in honor of the occasion.
The five publications whose acquisitions preceded Professor Summers's included: Kevin M. Clermont's Principles of Civil Procedure (West's Concise Hornbook Series, Thomson/West); Robert A. Hillman's Principles of the Law of Software Contracts, (Preliminary Draft No. 2, American Law Institute); Stewart J. Schwab's Restatement of the Law, Employment Law (Preliminary Draft No. 3, American Law Institute); Gary J. Simson's Issues and Perspectives in Conflict of Laws: Cases and Materials (Fourth Edition, Carolina Academic Press); and David Wippman's New Wars, New Laws? Applying the Laws of War in 21st Century Conflicts, with editor and contributor Matthew Evangelista (Transnational Publishers).
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First Year Student Celebrates Book Release
Gregory S. Parks '08 is the co-author and co-editor, with Tamara Brown and Clarenda Phillips, of African American Fraternities and Sororities: The Legacy and the Vision. The University Press of Kentucky published the book in 2005 and it debuted at the #1 spot on Essence magazines best-sellers list in August.
Before the emergence of the major civil rights groups of the Twentieth Century, there were African American fraternities and sororities. These groups did not merely serve as social groups. Chiefly, they also provided a space from which college educated African American men and women could uplift the race. African American Fraternities and Sororities is the first substantive and multidisciplinary look at the history, culture, and contemporary issues facing these groups.
Co-author and co-editor Gregory Parks is first year law student at Cornell Law School. He is also a member of Alpha Phi Alpha Fraternity- the oldest of the intercollegiate African American fraternities. Alpha Phi Alpha was founded at Cornell University in 1906.
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2005 Winner of the Annual Clarke Program Student Essay Competition Award
At a ceremony on September 8, Tim Webster '06 was announced as the 2005 winner of the annual Clarke Program in East Asian Law and Culture student essay competition. The Clarke Program's essay competition is an opportunity to recognize an accomplished piece of original student written work. Professor Annelise Riles presented the award to Tim Webster and invited the audience to congratulate him for his sophisticated analysis of particular transnational issues in Asia in his essay entitled, “Sisyphus in a Coal Mine: Responses to Slave Labor in Japan and the United States.”
Mr. Webster's academic background is composed of an impressive combination of graduate work in Asian languages and literature. He will be spending part of his third year of law studies interning at the UN in Japan. More information about Mr. Webster, his essay, and the Clarke program in general may be found at www.lawschool.cornell.edu/international/asianlaw/
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Cornell Joins in FAIR Supreme Court Amicus Brief
Cornell University announced today (Sept. 21) that it has joined with Columbia University, New York University, Harvard University, the University of Pennsylvania, Yale University, and the University of Chicago in filing a friend-of-the-court (amicus) brief in a U.S. Supreme Court case challenging the constitutionality of the Solomon Amendment on military recruitment on college campuses.
The amendment threatens universities with the loss of millions of dollars of federal funding unless they offer military recruiters the same access to students and institutional assistance that is offered to any prospective employer -- even though the U.S. armed services do not comply with institutional policies barring employers who discriminate on the basis of sexual orientation.
The joint brief will be filed in support of the Forum for Academic and Institutional Rights (FAIR) coalition, which successfully challenged the Solomon Amendment on First Amendment grounds before the Third Circuit Court of Appeals in November 2004 (FAIR v. Rumsfeld). The federal government has appealed that decision, and the U.S. Supreme Court will hear the case Dec. 6.
The joint amicus brief focuses on the Solomon Amendment's impact on academic freedom, which the high court has long recognized as an important First Amendment right. By presenting universities with a Hobson's choice of either exempting military recruiters from anti-discrimination policies or forgoing the vast majority of their federal funding -- a practical impossibility, given that federal research funds account for over 60 percent of all research dollars at private universities -- the Solomon Amendment impermissibly interferes with their ability to impart key institutional values of nondiscrimination. The brief also assails the federal government's extremely broad assertion of its powers to attach conditions on federal funds that impinge on First Amendment rights.
"Everyone associated with Cornell University should be proud of its joining an amicus brief in Rumsfeld v. FAIR in support of FAIR's opposition to the Solomon Amendment," said Gary Simson, professor and chair of a Cornell Law School ad hoc committee on the military recruitment issue. "That amendment strikes at the heart of academic freedom. By threatening to withdraw federal funding from universities that do not treat military recruiters the same as any other recruiters, the amendment compels universities to choose between losing long-standing, essential funding and acquiescing publicly in the military's discriminatory hiring policies with regard to gays and lesbians. This is a choice that universities cannot constitutionally be forced to make."
Steve Shiffrin, Cornell Law School professor, agreed. "The government contends that it can use the threat of withdrawing funds not only to impinge on the university's nondiscrimination policy, but also to ride roughshod over academic freedom in a wide variety of circumstances," he said.
"The government demands access equal to that of other employers and maintains that national security would be damaged even if nonequal but otherwise fully adequate access were provided by universities. The [amicus] brief attacks the government's benign treatment of coercive funding withdrawals, its crabbed conception of the First Amendment and its inflated conception of national security. I am delighted that Cornell has participated in the development and filing of this important brief."
Cornell's Office of the University Counsel worked closely with a committee of Cornell Law School faculty and staff appointed by Law School Dean Stewart Schwab and with colleagues from Columbia, Yale, Penn and Harvard in developing the brief. “I especially thank Professor Gary Simson as chair and committee members Karen Comstock, Trevor Morrison, and Steve Shiffrin for their thoughtful work over the summer on this matter,” said Dean Schwab. “Along with the many students and other community members who have pursued this issue over the past two years in such a patient, persistent, passionate, and professional manner.”
The FAIR brief may be viewed through the Cornell Law School's Legal Information Institute page at http://www.law.cornell.edu/FAIR/cornell_brief.pdf.
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Alumni Co-founders of Hotels.com at Law School
Alumni co-founders of Hotels.com, Robert Diener '82 and David Litman '82, presented their "Conservative Entrepreneurship" philosophy at Cornell Law School on September 12. They described the process they went through in starting their company from its roots while they were in law school at Cornell together, through the merger of their company with USAInteractive in 2003.
With an initial $1200 investment, together with the help of executives and employees, they developed their company into one of the largest specialized providers of lodging in the world. The company is considered to be one of the Internet's primary sources of discount accommodations and an industry innovator and leader. In 2003, when they sold the remaining public portion of the company back to USAInteractive, the company was valued at over $5.5B.
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Assisting Law Schools Affected by Hurricane Katrina
On September 2, just days after Hurricane Katrina struck a devastating blow to New Orleans and the surrounding area, including the campuses of Tulane and Loyola Law Schools, Cornell Law School opened its doors to help the affected law students and faculty. Two students from Tulane have arrived, welcoming the opportunity to continue their legal studies, on a special non-degree visiting status for the fall semester.
Claire M. Germain, the Edward Cornell Law Librarian at the Law School, has invited law librarians from areas affected by Hurricane Katrina to relocate to Ithaca for as long as is needed. The Law School is offering office space, access to resources, and other possible services. The library will also provide document delivery at no charge to law libraries in the affected areas that need legal materials.
Karen Comstock, assistant dean for public service at the Law School, has kept the Law School community updated on the relief effort and where individual contributions can do the most good. Meanwhile, the Law School has joined with Cornell University in assisting in the recovery operations for the New Orleans and Gulf Coast region.
Cornell University has created a website to facilitate Cornell's response at http://www.cornell.edu/katrina/. This web site is a comprehensive source of information about the outpouring of help from the Cornell community to victims of Hurricane Katrina. The university is reaching out to the students and faculty at Tulane University, now closed for an indefinite period of time, with housing and a welcoming place to continue teaching and studying.
“The entire Cornell community recognizes the terrible plight of our colleagues at Tulane University,” said Cornell President Hunter R. Rawlings. “We want to do everything we can to help them in their time of need.”
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D. S. Pensley '06 Wins First Place in Writing Competition
In August the Pacific Legal Foundation (PLF) announced the winners of its sixth annual "Program for Judicial Awareness Writing Competition," awarding cash prizes to three law school students for writing excellence. D. S. Pensley '06, a J.D. candidate at Cornell Law School as well as an M.A. candidate in Cornell University's Department of City and Regional Planning (specifically historical preservation planning) was the first place winner. Ms. Pensley's winning essay, “Close Encounters of the Local Kind: Proposing a Test of Intrinsic Fairness for Contested Development Exactions” can be read at http://www.pacificlegal.org/PJA/2005/Pensley%20First%20Prize.pdf
"The winners of this year's competition demonstrated not only exceptional legal writing talent, but also excellent legal reasoning analyzing some of the most intriguing issues being argued in the courts and academia today," said Program Director and Principal Attorney R. S. Radford. "We're pleased to award these students for their fine writing and research, and the hard work they obviously put into their essays." The Foundation will now work with the winners to have those essays published in legal and academic journals.
The student writing competition is part of PLF's Program for Judicial Awareness, which promotes the publication of works of legal academic scholarship that advance an understanding of key constitutional issues before the nation's courts. The Program for Judicial Awareness was established in 1999 to encourage balance and reason in legal scholarship addressing some of the most important issues of our time. The Program works with law students, professors, and practicing attorneys to help ensure that legal professionals have access to a sound, balanced body of legal and academic resources to support their research, briefing, and decisions.
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Ellen Conedera Dial ’77 Elected to Serve as President-elect of the Washington State Bar Association
On June 9th, the Washington State Bar Association (WSBA) announced that Seattle attorney Ellen Conedera Dial has been elected to serve as WSBA president-elect in 2005-2006. Ms. Dial will serve as the WSBA's 116th president in 2006-2007.
Ms. Dial, a partner at Perkins Coie, graduated magna cum laude with a degree in English from Cornell University. She obtained her law degree from Cornell Law School, graduating magna cum laude, before serving as law clerk to Washington State Supreme Court Justice Charles Horowitz from 1977 to 1979.
Since 1981, Ms. Dial has participated in a broad variety of WSBA activities and has assumed a number of leadership roles. Ms. Dial has chaired several WSBA committees, including the Ethics 2003 Committee, the Legislative Committee, the Character and Fitness Committee, and the Committee on the Code of Professional Responsibility. She also served as executive editor for the Real Property Deskbook, 2nd edition. In addition to her leadership and service in WSBA committees, she frequently speaks at Continuing Legal Education courses on ethics as well as real estate matters.
Ms. Dial is known for her leadership and community service outside of the WSBA as well. She co-chaired the 2004 and the 2005 King County Bar Association Awards Committee and is a fellow of the American Bar Foundation. She has also served as a board member and as president of the Saul and Dayee Haas Foundation, a private charitable foundation that makes individual grants to school children throughout the state of Washington. She served on the board of Leadership Tomorrow, a leadership training program that brings together members of the for-profit, nonprofit, and non-governmental agency sectors, and served as its chair. She currently serves on the Board of the Advisory Committee to the University of Washington World Series at Meany and the YWCA. Through her service to her profession and to the community, Ms. Dial has been recognized by her peers. In 2004 she received the WSBA's highest honor, the Award of Merit.
"I would describe [Ms.Dial] as a true Servant-Leader — someone who comes to leadership out of the desire to serve, as opposed to the desire to lead," wrote Jan Levy, executive director of Leadership Tomorrow. "In her service to Leadership Tomorrow, she could always be counted on to guide the Board to make decisions that were in the best interest of the organization, rather than in the interest of any one individual."
More information on the WSBA can be found at http://www.wsba.org/info/default.htm
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Philip J. Perry '90 Confirmed as General Counsel of the Department of Homeland Security
The U.S. Senate confirmed Philip J. Perry '90 on June 9 as general counsel of the Department of Homeland Security. He was officially sworn in by Secretary Michael Chertoff and took office on June 10, 2005.
"I am pleased to have Phil serve as general counsel of the Department of Homeland Security,” said Homeland Security Secretary Michael Chertoff. “I look forward to his counsel and leadership as we pursue our mission of preserving our freedoms while protecting the nation's security."
Mr. Perry most recently served as a partner with Latham & Watkins, LLP. Previously, he served as general counsel in the Office of Management and Budget in the Executive Office of the President. Mr. Perry has also served as acting associate attorney general and principal deputy associate attorney general at the Department of Justice.
“We are very proud of Phil Perry as he steps into this highly visible position that requires the tact, wisdom, and legal judgment for which Cornell graduates are known," commented Stewart J. Schwab, the Allan R. Tessler Dean of Cornell Law School. "This is yet another step in an already distinguished legal career.”
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Professor Farina Named as Fellow of the Administrative Law Section of the ABA
Cynthia R. Farina, professor of law at Cornell Law School and associate dean of the Cornell University faculty, has been named a fellow of the Administrative Law Section of the American Bar Association. After receiving her J.D. from Boston University, Professor Farina clerked for Judge Raymond J. Pettine, U.S. District Court for the District of Rhode Island, and Judge Spottswood W. Robinson III, U.S. Court of Appeals for the District of Columbia Circuit. She served as an associate with Foley, Hoag and Eliot before joining the Cornell Law School faculty in 1985.
“I was delighted to learn that our colleague Cynthia Farina has just been named a fellow of the Administrative Law Section of the American Bar Association,” said Stewart J. Schwab, the Allan R. Tessler Dean of Cornell Law School. “The list of fellows is an impressive collection of academics and practicing lawyers in the public and private sector, including former solicitor generals, a counsel for the president, U.S. Supreme Court justices, and top agency lawyers.”
Professor Farina will join this group at an award ceremony at the ABA's annual meeting in August in Chicago.
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Judge Paul Crotty '67 Confirmed by U.S. Senate
The U.S. Senate has unanimously confirmed Paul A. Crotty as a U.S. district judge for the Southern District of New York and he will be sworn in on August 1, 2005. Judge Crotty's approval, with the support of New York Senators Charles Schumer and Hillary Rodham Clinton, came amid an ongoing battle between the legislative and executive branches of government over the president's other judicial nominees.
Judge Crotty, formerly Group President for Verizon Communications, also served as housing commissioner for New York City Mayor Edward Koch and corporation counsel for New York City Mayor Rudolph Giuliani. Judge Crotty received his B.A. from Notre Dame in 1962 and his J.D. from Cornell Law School in 1967. At Cornell Law School he was president of the Law School's Legal Aid Society, a member of the Moot Court Board, and marshal of the Phi Alpha Delta Legal Fraternity. As a law student Judge Crotty received the Frazer Prize, awarded to “students who have most fully evidenced high qualities of mind and character by superior achievements in scholarship.” Judge Crotty has been an active and dedicated alumnus of the Law School, serving in many roles including as a member of the Cornell Law School Advisory Council.
“The entire Cornell Law School community is extremely proud of the appointment of Paul Crotty to the Southern District,” says Stewart J. Schwab, the Allan R. Tessler Dean and Professor of Law. “He has the calm temperament and wealth of experience that makes him an ideal appointment. To be unanimously confirmed in this time of tumult over judicial appointments is a great credit to him. We are delighted to have him join the ranks of Cornell alumni serving as federal and state judges.”
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Law School Graduates 272 Degree Holders
The Cornell Law School recognized its graduating students during convocation ceremonies Sunday, May 15, at 2 p.m. in Bartels Hall on the Cornell University campus.
The actual degrees, conferred during the university commencement ceremony on May 29, are as follows: Juris doctorate (J.D.) degrees were awarded to 195 students; 1 student received the Doctor of the Science of Law (J.S.D.) degree; 62 received Master of Laws (LL.M.) degrees; 8 received Doctor of Law and Master of Laws in International and Comparative Law (J.D./LL.M.) degrees; 2 received Juris Doctor/Maitrîse en Droit degrees; 1 received the Juris Doctor/Diplôme d'Etudes Superiéures Spécialisées-Droit et Globalisation Economique (J.D./D.E.S.S.) degree; and 3 received the Juris Doctor/Master of German and European Law and Legal Practice (JD/M.LL.P.) degrees,
During the Law School convocation ceremony, presided over by Stewart J. Schwab, the Allan R. Tessler Dean and Professor of Law, Amie Nicole Ely '05, from Greybull, Wyoming, was chosen by her classmates to give the J. D. student address. Agnes Poggi, LL.M. '05, from Paris, France, spoke on behalf of her LL.M. classmates. The students also selected John A. Siliciano, vice provost of Cornell and professor of law, to give the faculty address. Following the speeches, John DeRosa, assistant dean for student services, called each graduate to the stage to receive Dean Schwab's congratulations on behalf of the Law School and the university.
Videos of the convocation ceremony can be found at http://www.lawschool.cornell.edu/Convocation05.aspx
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2005 Freeman, Gould, and Herzog Prize Awards
Stewart J. Schwab, the Allan R. Tessler Dean and Professor of Law, on April 28 announced the recipients of the Freeman, Gould and Herzog prize awards for the 2004-05 academic year. These awards are made each spring from nominations submitted by members of the Law School community.
FREEMAN AWARD FOR CIVIL-HUMAN RIGHTS
This prize is awarded annually to the law student or students who have made the greatest contributions during his or her law school career to civil-human rights. This year's co-winners are: Judith Amorosa, Matt Faiella, Marie-Pierre Py, and Sara Greengrass
STANLEY E. GOULD PRIZE FOR PUBLIC INTEREST LAW
This prize is awarded each spring to a third-year student or students who have shown an outstanding dedication to serving public interest law and public interest groups. This year's co-winners are: Stacey Neumann, Karen Phillips, Jessica Polansky, and Matt Wessler
SEYMOUR HERZOG MEMORIAL PRIZE
This prize is awarded each year to a student or students who demonstrate excellence in the law and commitment to public interest law, combined with a love of sports. This year's co-winners are: Jonathan Rebold and Dawningstar Sikorski
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Student Wins Writing Award
Carrie Davenport '05, won the 2005 Edward L. Dubroff Award from the American Immigration Law Foundation for her paper, "A 'Brutal Need': How Application of Expedited Removal to Potential Refugees Violates the Fifth Amendment."
“This marks the fifth time in 15 years that a Cornell student of mine has won the award. Must be something in the Myron Taylor water,” says Steve Yale-Loehr.
Information about her paper, the award, and the writing competition can be found at http://www.ailf.org.
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Faculty Statement Regarding the Military's Recruitment of Law Students
The faculty unanimously adopted the following statement:
"The Cornell Law School strongly reaffirms the Law School's longstanding commitment to a policy against discrimination based on race, color, religion, national origin, ancestry, sex, sexual orientation, marital status, age, or disability. This policy is rooted in basic notions of fairness and human dignity. It is a solemn promise to our students that, whenever an employer seeks to hire Cornell law students using Law School resources, all may compete for that opportunity without invidious discrimination.
"The Military's 'don't ask, don't tell' approach, which bars gay men, lesbians and bisexuals from military service if they disclose or act upon their sexual orientation, is fundamentally at odds with this policy and with the bylaws of the Association of American Law Schools. By effectively preventing the Law School from implementing its non-discrimination policy against the military, the Solomon Amendment endorses and perpetuates a form of discrimination that is not only deeply invidious but unconstitutional as well. We welcome the Third Circuit's ruling that the Solomon Amendment is unconstitutional, and we look forward to playing an active role in the University's decision whether to file an amicus curiae brief in support of the FAIR litigants in the Supreme Court."
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Toward the Elimination of Sexual Exploitation and Abuse in UN Peacekeeping Operations
H. R. H. Prince Zeid Ra'ad Zeid Al-Hussein, the Permanent Representative to the United Nations of the Hashemite Kingdom of Jordan, will present a talk entitled “Toward the Elimination of Sexual Exploitation and Abuse in UN Peacekeeping Operations” at Cornell University on Friday, April 15, 2005 at 11:00 a.m. in the Anabel Taylor Hall Auditorium.
Also speaking are Ms. Anna Shotton, DPKO Focal Point for Sexual Exploitation and Abuse, UN Department of Peacekeeping Operations; and Mr. Anthony Miller, Legal Adviser and Consultant to the United Nations, who assisted Prince Zeid in the preparation of his recently released report on this topic. The program is sponsored by the Cornell Law School's Berger International Legal Studies Program and the Briggs Society of International Law.
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Sol M. Linowitz '38, 1913-2005
Sol M. Linowitz '38, a distinguished lawyer, businessman, and diplomat, died on Friday, March 18, 2005, at the age of 91. "Mr. Linowitz was one of our most illustrious graduates, who combined legal practice, business leadership, and public service at the highest levels,” said Dean Stewart J. Schwab when he heard of the news. “He served with distinction on the Cornell Law School Advisory Council. He will be missed."
Mr. Linowitz spent most of his life as a champion of international relations and human understanding. Following a successful career as a member of the firm later known as Harris, Beach, Keating, Wilcox, Dale, and Linowitz, and as chairman of the board for Xerox Corporation, he served the nation in many capacities. During the Johnson Administration, he was ambassador to the Organization of American States, where he was a co-negotiator for the Panama Canal Treaty. He also served as chair of the Presidential Commission on World Hunger. In 1979 he was appointed Ambassador to the Middle East Peace Negotiations, personally representing President Carter in the dialogues that followed the 1978 Camp David Accords.
From 1969-1993 Mr. Linowitz served as partner and then senior counsel to the international law firm of Coudert Brothers. In 1979 he joined the board of Academy for Educational Development, serving as honorary chair at the time of his death. He was the author The Making of a Public Man: A Memoir and co-author (with Martin Mayer) of The Betrayed Profession: Lawyering at the End of the Twentieth Century. In the latter he decried what he considered the decline of the legal profession. He shared his concerns about the legal profession in his keynote speech during the Cornell Law School's Centennial celebration in 1988, “Regaining Respect for the Legal Profession: Some Suggestions.” This speech garnered national attention, including an article in the NY Times, which quoted Mr. Linowitz as saying “Law for me is a human profession.”
In 1998 President Clinton awarded Mr. Linowitz the Medal of Freedom. The citation reads, “even as he has succeeded in law and business, Sol Linowitz has never forgotten the needs of others. … With a keen mind, a warm heart, and a generous spirit, Sol Linowitz has enriched the lives of millions around the world.”
Mr. Linowitz is survived by his wife of over 65 years, Evelyn (Toni) Zimmerman Linowitz, and their four daughters and eight grandchildren.
www.lawschool.cornell.edu/linowitz.aspx
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“From Cornell to the Courthouse: Representing High Profile Clients in Criminal Cases”
On March 31, 2005, Richard M. Strassberg, Esq., will present the fifth annual Korn Lecture in the Harriet Stein Mancuso Amphitheater (G90) in Myron Taylor Hall (with a simulcast into G85). Mr. Strassberg, a partner in Goodwin Procter's Litigation Department and chair of its White Collar Crime & Government Investigations Practice, has represented individuals and entities in almost all the major white collar cases that have occurred over the last two years. These cases include the Martha Stewart case, where Mr. Strassberg represents Peter Bacanovic, Ms. Stewart's former Merrill Lynch financial advisor; and the Enron investigation.
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The Great Writ: Developments in the Law of Habeas Corpus
The Cornell Law Review's 2005 symposium on April 2, in the Harriet Stein Mancuso '73 Amphitheater, will be the first to address recent developments in the law of habeas corpus in all its principal manifestations: as a form of federal review of state criminal convictions; as a judicial restraint on the executive detention of enemy combatants in the war on terrorism; and as a form of judicial review of immigrant detention or deportation. It will be the first to digest the Supreme Court's rulings in last Term's enemy combatant cases and to examine the effects of the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) since their enactment nearly ten years ago. See more information at http://organizations.lawschool.cornell.edu/clr/cur.htm
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The Inaugural Distinguished Jurist in Residence Program
On April 4, 2005, The Honorable Robert A. Katzmann, U. S. Court of Appeals for the Second Circuit, will give the inaugural Distinguished Jurist in Residence Program in which he will talk about “Filling the Next Supreme Court Vacancy: The Confirmation Process in Perspective.” The lecture in the Stein Mancuso Amphitheater (G90) is free and open to the public. A reception will follow in the Myron Taylor Hall Foyer.
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“Fighting for Civil Rights and Worker Protections: Confessions of a Washington Insider”
Gregory Watchman '85 will give a lecture on March 29 in the Harriet Stein Mancuso Amphitheater (G90) in Myron Taylor Hall as part of the Cyrus Mehri Public Interest Speaker Series. Mr. Watchman is a Washington, D.C. attorney with twenty years of experience in employment law and policy. His public service includes stints as a top OSHA official at the U.S. Department of Labor, chief labor counsel to the U.S. Senate Subcommittee on Labor, and civil rights counsel to the House of Representatives Committee on Education and Labor.
Presently, Mr. Watchman is the Executive Director of the Government Accountability Project, a non-profit whistleblower advocacy group and law firm. In this capacity he works with whistleblowers to advance corporate and governmental accountability on a broad range of public interest issues. Most recently, GAP has worked with FDA whistleblower David Graham to warn the public about the health risks of certain pharmaceutical drugs. At GAP, Mr. Watchman directs legislative campaigns, litigation, and whistleblower advocacy programs, and advises companies and workers on corporate accountability issues under the Sarbanes-Oxley Act.
Previously, Mr. Watchman served as the Deputy Assistant Secretary of Labor for Occupational Safety and Health, from 1995 to 1998. During this time he served as Acting Assistant Secretary of OSHA for one year (1997), overseeing a budget of $325 million and a nationwide staff of 2,300, directing all agency programs, and representing the agency before Congress, the media and the public. As Deputy Assistant Secretary, Mr. Watchman directed the Health Standards, Safety Standards, Policy and Technical Support Directorates and served as the agency's chief liaison to the U.S. Congress. He also served as OSHA's first Small Business Advocacy Chairman. During his tenure at OSHA, the agency won 13 Hammer Awards for rebuilding its programs to be more cost-efficient and effective.
On Capitol Hill, Mr. Watchman served as Chief Labor Counsel to the U.S. Senate Committee on Labor and Human Resources, Subcommittee on Labor (1991-95), and as Associate Counsel for Civil Rights to the House Committee on Education and Labor (1989-91). During this period, Mr. Watchman worked extensively on the Older Workers Benefit Protection Act, the Civil Rights Act of 1991, and the Family and Medical Leave Act of 1993. He also drafted legislation and developed hearings on a broad range of employment law issues such as OSHA reform, collective bargaining, the minimum wage, and the use of contingent workers.
Mr. Watchman began his career in private practice, at the Washington office of Morgan, Lewis & Bockius (1985-88). While there, he practiced employment law and assisted the Washington Lawyers Committee for Civil Rights Under Law on a pro bono basis. The firm received an award from the Lawyers Committee in 1987 for Mr. Watchman's work on housing discrimination cases. Mr. Watchman also practiced employment law at Paul, Hastings, Janofsky and Walker (1998-2004).
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First issue of e-Forum distributed in February
The first issue of e-Forum was produced by the Cornell Law School in February and distributed to all of our alumni and friends. We are still receiving positive feedback from e-Forum readers, and will continue to shape this new addition to our publications in ways that better serve our readers. If you did not see it, please send an e-mail to dean@lawschool.cornell.edu to get on the mailing list.
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Hitler's Psychological Profile Now Accessible at Law Library Site
A rare 1943 document -- a psychological analysis of the personality of Adolph Hitler that predicted, among other things, his eventual suicide -- has just been made available to the world at large on the Cornell Law Library's Web site, at: http://www.lawschool.cornell.edu/library/donovan/hitler/.
The copyright to the original document -- number three of only 30 copies made -- was granted to the Law Library by Nina Murray, the widow of the document's main author, Dr. Henry A. Murray.
Henry Murray was a pre-World War II director of the Harvard Psychological Clinic and, during the war, served in the Office of Strategic Services. The OSS was a forerunner of the CIA and Murray was brought in by General "Wild Bill" Donovan, then the OSS director. The psychological profile of Hitler is among the papers in the Law Library's Donovan Nuremberg Trials Collection.
"It's almost a unique piece," said Claire Germain, the Edward Cornell Law Librarian and professor of law at the Law School. "Posting it on the Web in PDF format makes it available to a broader audience and shows the depth and uniqueness of some of the valuable bits of history located within Cornell's walls," she said.
The document has achieved new relevance, Germain said, because of growing interest in the Holocaust, present-day war crimes trials of past dictators such as Slobodan Milosevic and Saddam Hussein, and a controversial German documentary, "The Downfall," nominated for an Academy Award this year that presents Hitler as a flawed human being, rather than a demonic figure. The document may interest Holocaust and World War II scholars, military and psychology historians, students and the general public, she said.
Murray was commissioned in 1943 to help the Allied Forces understand Hitler's psychological makeup in order to predict his behavior as they pushed forward to defeat the Nazis. The document is interesting historically in that it presents a range of scenarios describing the potential effect on Hitler of Germany's defeat (Murray guessed he might kill himself in a dramatic, explosive way but also worried that he might be made into a martyr if he were killed). Included in the document are suggested strategies to convert the German people, post-war, into, in Murray's words, "a peace-loving nation," a case history of Hitler by W.H.D. Vernon, who worked under Murray's supervision, as well as copies of rarely seen photos from Hitler's life.
Murray, who gained fame when he developed an early psychology technique for analyzing personalities, wrote that Hitler had a personality type stimulated by real or imagined insult or injury, that held grudges, had a low tolerance for criticism, an excessive demand for attention and a tendency to belittle, bully or blame others and seek revenge. But his personality also manifested a persistence in the face of defeat, along with strong self-will and self-trust. However, Hitler lacked "the offsetting qualities that round out a balanced personality," wrote Murray.
"Even though psychology has moved ahead, the document still gives some insight into Hitler's personality," said Thomas Mills, a research attorney at the Law Library in charge of the Donovan collection and other rare books and special collections.
Mills says he gets frequent requests for documents in the Donovan collection, which includes much on the Nuremberg war crimes trials of Nazi leaders. Recently a lawyer defending a prisoner at Guantanamo asked if the rule imposed by the Bush administration preventing him from meeting with his client had a precedent at the Nuremberg trials. "Documents in the Donovan collection seem to indicate that at Nuremberg this was not the case," said Mills.
Murray himself was a controversial figure. Returning to Harvard after the war, he was involved in psychological experiments in 1959-62 in which a stress test similar to one the OSS used to assess recruits was administered to unwitting student volunteers, including the young Theodore Kaczynski, then a precocious student at Harvard. Kaczynski's lawyers in his trial as the Unabomber traced some of his emotional instability and fear of mind control to his role as a subject in those tests.
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Cramton Proposes Term Limits for Supreme Court Justices
The image of frail, cancer-ridden U.S. Chief Justice William Rehnquist administering the oath of office to President Bush last week is one of many reasons people are starting to talk seriously about term limits for Supreme Court justices, says Roger Cramton, the Robert S. Stevens Professor of Law, Emeritus, and former dean at Cornell Law School.
The idea has picked up speed recently, due in part to a nonpartisan proposal Cramton co-authored with Paul Carrington, a colleague at Duke University, that was written about in The New York Times, USA Today and The National Law Journal this January. Their proposal, the Supreme Court Renewal Act, has gathered more than three dozen signatures among legal scholars around the country from both sides of the political spectrum. It will be published later this year in Duke's law journal and presented at a special program at the American Political Science Association annual meeting this fall.
Under the proposal, Supreme Court justices would retain lifetime appointments - just not to the high court. Every president would get to appoint a Supreme Court justice every two years, in sync with the legislature's election cycle, without waiting for a vacancy. Justices would rotate off the court after 18 years. But instead of retiring, they would have the option to serve as senior justices on the circuit and appeals courts, similar to the circuit-riding judges of the nation's earliest days, or devote themselves to reviewing and updating the procedural rules of federal courts.
The most novel aspect of the proposal: enacting it would only entail having Congress rewrite what constitutes the “office” of Supreme Court justice - rather than a much harder to achieve constitutional amendment.
Term limits for Supreme Court justices are necessary, say the authors, because justices on the court are living, serving and exercising their powers as justices longer. The facts: from 1789 to 1970 the average justice served for close to 16 years and retired at about age 68. Since 1970, the average tenure has risen to 25.5 years and the average age on leaving office has risen to about 79. In addition, vacancies on the court are becoming much less frequent, with no one stepping down in more than 10 years - the longest period with no vacancy in the court's history.
Developments that Cramton and Carrington see as harmful: Appointments to the high court have become much more political, and hotly contested, with often unbalanced results such as one president getting to appoint as many as three justices while another appoints none, and with justices timing their retirements based on who is president. Furthermore, presidents from both parties have an incentive to appoint very young justices, to ensure that their parties' views are reflected in court rulings for years to come. That practice may mean that appointees are untested and inexperienced, says Cramton.
On the other end, long-serving justices are more likely, as they age, to be out of touch with the popular will - and in some instances less willing or able to work so hard, says Cramton, who at 75 himself seems to have lost none of his drive to work hard. While he notes that a critic of his proposal calls the presence of older justices “a steadying force” ensuring judicial independence from the trends of the day, Cramton counters, “I don't think 18 years of service [for high court justices] threatens judicial independence.
He complains loudest that the office of Supreme Court justice itself has achieved a kind of rarified status, with justices behaving like “celebrities because of the power they have.” This has led to their deciding to rule only on the highest-profile cases - about 80 a year, down from 350 in earlier days. Since they represent the last court of appeal, declining to rule on many cases has created uncertainty about federal law stemming from inconsistent interpretations among the lower courts in different circuits, Cramton says.
In addition, some of the controversial rulings that the high court does hand down are viewed by Cramton and others as “adventurous, deciding novel issues without basis in the constitution, history or authority. Liberals object to Bush versus Gore and a line of federalism decisions, while conservatives are offended by extending the equal protection clause to apply to homosexual issues,” Cramton says. “These stir people up because they have no practicable political remedy to challenge such decisions.”
Cramton, who has been associated with the Law School for 31 years, was assisted in his proposal by Cornell Law School professors Kevin Clermont and Michael Heise and professors of government Theodore Lowi and Jeremy Rabkin. “The Cramton-Carrington program evens out the opportunities for each administration and comes so close to neutral that I for one cannot find bias," said Lowi.
The proposal, one of several being put forth in academic circles today, is considered moderate. Could such a proposal be adapted, given the likely opposition of the current Bush administration? Probably not any time soon, says Cramton, but getting the idea out for general discussion is a good first step. He recalls attending a debate in the late 1950s at the University of Chicago between economists Milton Friedman and John Kenneth Galbraith arguing the feasibility of a volunteer army. “Galbraith called it an impractical proposal unworthy of discussion, but not too many years later the volunteer army was in place,” observes Cramton.
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Previews of Key Supreme Court Cases Now Offered by LII Web Site
The Legal Information Institute (LII) at Cornell Law School is now offering free details on high-profile cases before they are argued and ruled on by the Supreme Court, including one on medical marijuana (Ashcroft v. Raich), another on restrictions on interstate alcohol sales (Granholm v. Heald) and a third on the constitutionality of executing young people who were under 18 when they committed a capital crime (Roper v. Simmons).
Written in an easily understandable style for everyone from journalists to teachers to bright high school students, the analyses of upcoming Supreme Court cases are put together by a team of Cornell Law School students. The goal is to help people who are neither lawyers nor legal scholars grasp the issues at stake and why they are important.
Brief summaries of key upcoming Supreme Court case analyses are posted on the LII's E-mail Bulletins/Supreme Court Previews Web page, http://supct.law.cornell.edu/supct/cert/, and sent via e-mail regularly to subscribers of the LII's free Supreme Court Previews e-mail bulletin service. Site visitors and subscribers can then click on the cases that interest them to get in-depth details on the constitutional issues involved, questions to be presented before the court and summaries and analyses of the cases, with historical references and links to earlier, relevant cases.
"We thought we could do a more in-depth technical analysis than conventional media but still keep it understandable to a general audience," said Thomas Bruce, director of the LII. "We want to help more-specialized groups, teachers doing lesson plans for civics classes, journalists and other information brokers, as well as our own student body."
The LII, http://www.law.cornell.edu, is the second most linked-to law site on the Internet (after the U.S. Library of Congress), with more than 1 million data requests daily from around the world. It promotes worldwide, free public access to law via the Internet, connecting people to all the current provisions of the U.S. Code as well as to Supreme Court and New York Court of Appeals decisions. To subscribe to the LII's free Supreme Court e-mail bulletin service, go to the LII site, and then scroll down to E-mail bulletins/Supreme Court (LII Bulletin).
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Associate Dean Lukingbeal to Receive the 2005 Kutulakis Student Services Award
The purpose of this annual award, established in 2002 by the AALS Section on Student Services, is to recognize outstanding contributions of institutions, administrators, and law teachers in the provision of service to students as exemplified by the late Peter N. Kutulakis of Dickinson Law School. The AALS Section on Student Services Executive Committee made this year's unanimous decision based upon profoundly compelling recommendations submitted on Associate Dean Lukingbeal's behalf.
“The Cornell Law School community as well as the entire legal community have benefited from her exceptional service,” reported Gena Singleton, chair of the AALS Section on Student Services and Assistant Dean of South Texas College of Law. “Dean Lukingbeal's balance of sound administrative judgment and personal involvement has resulted in the betterment of generations of law students.”
"It is an honor to have been selected for this award by my colleagues from other law schools,” said Anne Lukingbeal. “I was lucky enough to have known Peter Kutulakis. He was an exceptional professional who set the example of dedication and creativity that the rest of us in the law school student affairs world continue to follow."
Associate Dean Lukingbeal will receive this award at the AALS Section on Student Services Reception on January 5, 2005, at the E & O Trading Company Restaurant in San Francisco.
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Sarah Betsy Fuller Social Justice Fund Created
Cornell Law School is pleased to announce the creation of the Sarah Betsy Fuller Social Justice Fund in honor of the former professor and social justice lawyer who passed away in April 2004. The New York State Bar Association posthumously honored Ms. Fuller in June with the 2004 Denison Ray award recognizing her extraordinary contribution as a civil legal services attorney at Prisoners' Legal Services of New York.
The Sarah Betsy Fuller Social Justice Fund will expand the resources of the law school's innovative Public Interest Low Income Protection Plan (PILIPP), a grant program that provides student loan payment relief to Cornell Law graduates who take low-paid public interest jobs. Ms. Fuller's family has made an initial gift that will generate enough income to fund one or two annual awards the Law School hopes to make from this fund. The annual recipients will be Cornell Law graduates whose work is most consistent with the social justice ideals that Ms. Fuller exemplified in her life and work. The awards will be administered by Assistant Dean for Public Service Karen Comstock and the financial aid office.
During her 30 years as a lawyer, Ms. Fuller divided her time between teaching Clinical Law courses at the Cornell Law School and representing inmates of New York State penal institutions in cases involving human rights. At the time of her death, Ms. Fuller was entering a new phase of her career where she was helping to restructure law school education in Latin America by introducing Clinical Law courses.
Her family saw the Sarah Betsy Fuller Social Justice Fund as an effective way of projecting her values far into the future. “Their generosity will impact Cornell Law graduates working in the field of public interest law for many years to come,” said Stewart J. Schwab, the Allan R. Tessler Dean and Professor of Law.
Individuals interested in making a contribution to the Sarah Betsy Fuller Social Justice Fund, or to the law school's general Public Interest Low Income Protection Plan, should contact Karen Comstock at (607) 255-3597 or kvc2@cornell.edu.
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Law School Consortium Turns to Professor Martin for Online Tutorial
A distance learning initiative of the law school consortium known as CALI recently released an online course created by Professor Peter W. Martin for law faculty. That course, commissioned by CALI, guides participants through the process of preparing a presentation for online or disk delivery as part of a law course. It is the first of a projected series of offerings that will cover topics in the creation, development and delivery of distance legal education.
Professor Martin, co-founder of Cornell's Legal Information Institute (LII), has been conducting law courses via the Internet since 1996. His online courses have influenced changes in law school accreditation rules and been the focus of numerous workshops and conference programs, as well two "LII Playbooks." To date they have reached some 500 students at a total of 15 participating law schools.
When CALI launched a distance learning initiative earlier this year it consulted with the Legal Information Institute and Professor Martin on issues of administrative and technical infrastructure (e.g., how to set up a multi-school registration system) and pedagogy. Professor Martin's online tutorial is the most recent fruit of those meetings. Being itself a distance course, the tutorial not only provides step-by-step guidance on an important element of the course creation process but also furnishes a model for faculty who may have had no prior experience with online learning.
For more information about the course and the LII's distance learning
activities go to: http://www.law.cornell.edu/background/distance/codec/tutorial.htm
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JLPP Symposium on Electoral Redistricting and the U.S. Supreme Court
The symposium, “Electoral Redistricting and the Supreme Court,” focused on the recent Supreme Court decision, Vieth v. Jubelirer, and consisted of three panels and a keynote address. The first panel focused on the paper “Looking on the Bright Side of Partisan Gerrymandering” by Michael Kang, Assistant Professor, Emory School of Law. Daniel Lowenstein, Professor of Law at the University of California, Los Angeles, School of Law, presented his paper on the Vieth decision during the second panel. The keynote address followed.
In the keynote address, “Contested Politics/Uncontested Elections” Samuel Issacharoff, Harold R. Medina Professor in Procedural Jurisprudence, Columbia Law School explained why he believes that political gerrymander is harmful to the electoral process. The symposium ended with a discussion of “Redistricting, Review, and Retrenchment” by Guy-Uriel Charles, Visiting Associate Professor of Law, University of Minnesota, and Luis Fuentes-Rohwer, Associate Professor of Law, Indiana University-Bloomington.
Kathryn Abrams, Herma Hill Kay Distinguished Professor of Law, Boalt Hall, University of California, Berkeley, School of Law (formerly a professor at Cornell Law School); Richard Briffault, Joseph P. Chamberlain Professor of Legislation, Columbia Law School; Heather K. Gerken, Assistant Professor of Law, Harvard Law School; Samuel Issacharoff, Harold R. Medina Professor in Procedural Jurisprudence, Columbia Law School; and Trevor W. Morrison, Assistant Professor of Law, Cornell Law School acted as panelists.
For more details: http://organizations.lawschool.cornell.edu/cjlpp/large/default.htm
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Congratulations to Associate Dean Wippman and Professor Holden-Smith
On October 29, 2004, President Lehman announced to the Cornell University trustees that Associate Dean David Wippman, beginning January 1, 2005, would fill the new position of Vice Provost for International Relations. "I congratulate David on this exciting new position and thank him for the excellent service he has given as Associate Dean for Academic Affairs at the Law School," said Stewart J. Schwab, The Allan R. Tessler Dean and Professor of Law, after the president's announcement. Professor Wippman joined the law faculty in 1992. He teaches courses on Public International Law, International Human Rights, International Humanitarian Law, Ethnic Conflict, and International Criminal Law.
Simultaneously, Dean Schwab reported that Professor Barbara Holden-Smith has accepted his invitation to become the Law School's Associate Dean for Academic Affairs, effective January 1, 2005. Professor Holden-Smith joined the law faculty in 1990. She teaches Civil Procedure, Federal Courts, Race Relations and the Law,
and African Americans and the Supreme Court.
"Please join me in thanking both Dean Wippman and Professor Holden-Smith for their willingness to undertake these important positions," commented Dean Schwab.
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Lee E. Teitelbaum
1941-2004
In 1999, the Cornell Law School welcomed Lee E. Teitelbaum as the fourteenth dean of Cornell Law School. During his tenure as the Allan R. Tessler Dean and Professor of Law, the law school saw marked growth in faculty productivity and the inauguration and expansion of many programs. Cross-disciplinary teaching and scholarship became more prominent, new relations across colleges were developed, and a new interdisciplinary peer-reviewed journal with national and international connections was launched. Facilities and computing were enhanced, bringing cutting-edge technology to the Law School, and plans for expanding the Law School's physical space were initiated. One of the first things Dean Teitelbaum did was to create was a campaign to establish merit scholarships in order to enhance student recruitment. He saw the program through to its successful completion before he departed in 2003.
After Dean Teitelbaum left Ithaca, he rejoined the faculty of the University of Utah College of Law, where he taught from 1986 until 1999, and served as Dean from 1990 to 1998. Unfortunately, a severe illness was discovered shortly after his return to Utah. He died on September 22, with his wife and son by his side. In keeping with his generous and selfless spirit, Dean Teitelbaum and his family have asked that in lieu of flowers, contributions be made to the Lee Teitelbaum Scholarship Fund already established at Cornell Law School.
When he announced his resignation from Cornell, Dean Teitelbaum said, “I will always be grateful beyond words for my time at Cornell and for the opportunity to serve as dean of this unique, and uniquely great, Law School.”
“As dean of the Cornell Law School, Lee Teitelbaum brought exceptional leadership to both the school and the university,” said Cornell President Jeffrey S. Lehman. “We are indebted to him for making the Law School's programs of teaching and scholarship more international and interdisciplinary, and for forging connections with the rest of the university that continue to prosper today. The Cornell community mourns his loss.”
“Everyone who met Lee commented individually on his sincere interest in people,” remembers the present Allan R. Tessler Dean, Stewart J. Schwab. “Students surrounded him in the Purcell Courtyard on a daily basis, and he quickly established a rapport with a wide variety of alumni, young and old, near and far. My colleagues and I have missed him enormously this past year. The entire national legal community has lost one of its most prominent members.”
“I had the privilege of working on a daily basis with Lee during his four years as dean,” said Cornell Vice Provost and former Law School Vice Dean John Siliciano when he heard the news. “I was able to observe up close what was apparent to all of us--his tireless and unfailing dedication to the school and its students, alumni and faculty, his graciousness and good humor, his love of teaching and his deep commitment to legal education and the law. He was an excellent dean and a good friend, and I, along with many others, will miss him greatly.”
The Cornell Law School community will hold a memorial celebration in honor of Dean Lee Teitelbaum at 4:00 pm on Thursday, October 21, in Sage Chapel on the Cornell Campus, with a reception to follow in Myron Taylor Hall. For more information, contact Sandy Most at 607-255-3539 or spm35@cornell.edu.
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Professor Howson to Chair Asian Affairs Committee
Nicholas (“Nico”) Howson, a new visiting assistant professor of law at Cornell Law School, has been appointed chair of the Asian Affairs Committee of the Association of the Bar of the City of New York by President Bettina Plevan for the 2004-07 term, commencing September 1, 2004. The Association, founded in 1870 to combat corruption in the U.S. judiciary, is an independent, non-governmental organization with a membership of more than 22,000 lawyers, judges, prosecutors, law professors and government officials, principally from New York City but also from throughout the United States and from 40 other countries. As chair, Professor Howson succeeds Barry Metzger, formerly general counsel of the Asian Development Bank (ADB). The Asian Affairs Committee, made up of lawyers at many of New York’s leading international law firms and investment and commercial banks, New York City-area law professors specializing on Asia, human rights and rule of law activists, and NGO and foundation officers, concerns itself with legal, commercial, and rule of law issues in Asia (broadly-defined, from Afghanistan to Thailand, but including China, Japan, India, North and South Korea, Indonesia, Iran, Iraq, etc.). In recent years, the Committee has focused its activities on Asia’s reform of corporate governance, law and human rights in Asia (with a special emphasis on Hong Kong after the return of sovereignty to the People's Republic of China in 1997), transnational dispute resolution and enforcement, and the Asian (and Asian-accessed U.S.) capital markets.
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Multiple High Court Rulings Cite Work By Cornell Law Faculty
Recent decisions by both the U.S. Supreme Court and the New York Court of Appeals have cited articles by Cornell Law School professors Theodore Eisenberg, Sheri Johnson, Stephen Garvey, John Blume, Gary Simson, and Martin T. Wells.
In People v. Stephen LaValle, the New York State Court of Appeals upheld Mr. LaValle's rape and murder convictions, but vacated the death sentence. Part of the court's decision (available online at the Law School's Legal Information Institute [LII] at http://www.law.cornell.edu/ny/ctap/) was based on a study of South Carolina jury deliberations published by Professors Eisenberg and Wells in “Victim Characteristics and Victim Impact Evidence in South Carolina Capital Cases” 88 Cornell Law Review 306 (2003). The Court also cited an article by Professor Garvey entitled “Aggravation and Mitigation in Capital Cases: What do Jurors Think?” from the 98 Columbia Law Review 1538-76 (1998). The Court states, “[T]hese studies provide the best available insight into jury behavior.” Later in the opinion the Court said, “Indeed, a key motivation for jurors to vote for the death penalty is undoubtedly their fear that a defendant will otherwise pose a danger on the streets (see Garvey, 98 Column L Rev at 1560; see also Blume, Garvey, Johnson, “Future Dangerousness in Capital Cases: Always 'At Issue,'” 86 Cornell L Rev 397 [2001]). Our State Constitution does not permit a death sentence imposed by jurors who may have chosen that option based on rank speculation about a defendant's eventual release into society.” In addition to requesting resentencing for Mr. LaValle, the Court asked for new instructions from the New York Legislature regarding deadlocked juries.
In July, in Schriro v. Summerlin (available online at http://supct.law.cornell.edu/supct/), the U.S. Supreme Court ruled that its earlier decision in Ring v. Arizona, requiring juries rather than judges decide between life imprisonment and the death penalty, does not apply retroactively. Justice Scalia, delivering the opinion of the Court, referred to two articles from the Cornell Law Review, including “Deadly Confusion: Juror Instructions in Capital Cases,” by Professors Eisenberg and Wells. They also cited an article by Professor Garvey, “The Emotional Economy of Capital Sentencing,” 75 New York University Law Review 26-73 (2000). “When so many presumably reasonable minds continue to disagree over whether juries are better factfinders at all, we cannot confidently say that judicial factfinding seriously diminishes accuracy as to produce an 'impermissibly large risk' of injustice,” Justice Scalia wrote in his opinion for the Court (emphasis in original).
“The continuing reliance by courts on high-quality empirical research shows the strong demand for such scholarship,” said Professor Eisenberg when he saw the rulings.
In the Supreme Court ruling on Sosa v. Alvarez-Machain et al., Justice Souter delivered the opinion of the Court on a civil case in which Dr. Alvarez-Machain claimed the U.S. Drug Enforcement Administration orchestrated his abduction from Mexico in order to file criminal charges against him in the U.S. Dr. Alvarez-Machain sued one of the DEA abductors, Mr. Sosa, for violating customary international law. In his opinion, which held that Dr. Alvarez-Machain was not entitled to a remedy under either the Federal Tort Claims Act or the Alien Tort Statute, Justice Souter quoted Professor Simson's article from 36 Cornell International Law Journal 125-33 (2003).“It is true that the traditional approach to choice of substantive tort law has lost favor, Simson, 'The Choice-of-Law Revolution in the United States: Notes on Rereading Von Mehren,' … ('The traditional methodology of place of wrong … has receded in importance, and new approaches and concepts such as governmental interest, analysis, most significant relationship, and better rule of law have taken center stage' (footnotes omitted)).” The full text of the opinion is available online at http://supct.law.cornell.edu/supct/html/03-339.ZS.html
As the Cornell law faculty continues to publish studies at the forefront of legal thought, there is every expectation that they will be consulted as the nation's highest courts start their new terms this fall. “It's remarkable for so many members of one law faculty to be cited in important court decisions in a single term,” said Associate Dean for Academic Affairs and Professor of Law David Wippman. “It's a real tribute to the productivity and quality of our faculty.”
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Cornell Law School Faculty Recently in the News
AUGUST 2006:
ELIZABETH NOWICKI, a former Securities and Exchange Commission attorney who is a visiting professor teaching securities regulation at Cornell Law School this semester, was recently quoted in a Business Week article on the Reyes-Jensen case. During the trial, the attorney for Gregory Reyes, the former chief executive of Brocade Communications Systems Inc., is taking the defense that "there was no intent to commit securities fraud." In court papers the lawyer, Richard Marmaro, wrote that defendants accused of breaching securities rules cannot be imprisoned "if he proves that he had no knowledge of the rule." Professor Nowicki suggests that they might have a good defense. "The courts are likely to conclude they didn't have intent to deceive, manipulate or defraud because everybody was doing this and everybody thought it was legal," she said. "Because everybody was doing it, judges might find it was reasonable for everybody to think it was fine."
JULY 2006:
CHARLES W. WOLFRAM, the Charles Frank Reavis Sr. professor of law, emeritus, and author of Modern Legal Ethics, was quoted in the Honolulu Advertiser and Bloomberg.com on a case involving Steve Case, former chair of AOL Time Warner Inc. and founder of Revolution LLC, who is facing two lawsuits accusing him of fraud and insider trading. The Grove Farm lawsuits filed in Hawaii turn on an alleged conflict of interest involving Case's father, Dan Case, an attorney who acted as his son's agent while his law firm, then called Case Bigelow & Lombardi, represented the seller, Grove Farm. The complaints claim that Dan Case and his firm helped freeze out other bidders and funneled information to Steve Case about competing offers, steering the sale to him at a sweetheart price of $26 million. "[Professor] Wolfram says Grove Farm couldn't waive the conflicts because they were so pervasive. The arrangement 'seems to have been calculated only to serve the interests of Stephen Case and not at all to serve the differing interests of Grove Farm and its shareholders,' Wolfram, an expert hired by the plaintiffs, wrote in February in a letter submitted to the court."
The Washington Post recently quoted STEPHEN YALE-LOEHR in an article on the Immigration Bill presently stalled in Congress. " 'The increasing criminalization of immigration law violations under either the Senate or the House bills raises many concerns from both a legal and a social policy perspective,' said Stephen Yale-Loehr, who teaches immigration law at Cornell Law School. Some of the consequences of the Senate bill that Yale-Loehr pointed to include the fact that employers could face time in jail for omitting information from an employee's immigration form."
The Austin American-Statesman quoted EDUARDO PEÑALVER, an associate law professor at Cornell University who previously taught property and land use at Yale Law School, in an article on decades old land claim issue. The case regards land previously owned by blacks that were run out of the county in 1912. Some of the properties then owned by black people prior to their “racial expulsion” have no records of the sale of the land. "[T]he sheer number of parcels for which no sales are recorded, and the horrific circumstances under which blacks fled, argue that some of the land was simply appropriated by whites. Professor Peñalver says the fact that some lands were sold is irrelevant. 'The white person who purchased the property may not be the person who's intimidating people into leaving, so it has to be looser than the classic theft scenario. But it sounds broadly equivalent to me in terms of the effect on the landowner.' When blacks lost their land, Forsyth County, about 35 miles from downtown Atlanta, was remote and rural. Today it is a bedroom community for Atlanta and land that once sold for hundreds of dollars is now worth millions."
JUNE 2006:
Professor STEPHEN YALE-LOEHR was recently quoted in an article in a Los Angeles Daily Journal article that discusses how asylum seekers are having their safety jeopardized when the U.S. sends their asylum request back to their home countries. "Someone may have a weak asylum case that would and should on its merits be denied," said Stephen Yale-Loehr, a professor at Cornell Law School. "But if the U.S. government reveals the person applied for asylum, and now the home country takes an interest in the person and is more likely to persecute them, that person may have a stronger claim because the U.S. government revealed their asylum claim."
May 2006:
PETER MARTIN was quoted in a Times article on the difference between U.S. and U.K. copyright laws governing statues, regulations, and judicial opinions and how best to make statute databases available online in the U.K., as per Cornell's Legal Information Institute in the U.S. "Professor Martin claims that the UK Government's concerns about accuracy are overstated. 'Accuracy issues tend to recede in the electronic environment because accurate copying is easy and fast. It is not as if we have 10,000 error-prone monks copying these documents with quills, with the attendant quality-control problems.' He recommends that if the Government is so concerned with accuracy it publish an 'official' version alongside the raw data, as done by the US Supreme Court."
LA Times was the first of many newspapers to publish articles discussing JOHN BLUME's recent unanimous win before the U.S. Supreme Court. "Cornell Law School professor John Blume, who argued Holmes' case, said the ruling will give him a new trial. 'This is a very good outcome, and hopefully it will lead to his acquittal,' said Blume, also a Columbia appellate defense lawyer." The Legal Times, in discussing this case, quoted Barry Scheck, a former president of the National Association of Criminal Defense Lawyers, who called Monday's decision a "profoundly significant ruling."
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An International Conference On "The Role Of The WTO System In The World Economy”
Professor John J. Barceló III, Cornell Law School's Cromwell Professor of International and Comparative Law, and Reich Director of the Berger International Legal Studies Program, working with Hugh Corbet, President of the Cordell Hull Institute in Washington, D.C., convened an international conference on "The Role of the WTO System in the World Economy," in Paris on July 9-10, 2004. Designed as the first of two events in 2004 to be cosponsored by the Berger International Legal Studies Program and the Cordell Hull Institute, the Paris conference addressed the need to reflect on the fundamental nature of the WTO system at a time when the most current round of negotiations--the Doha Round--faced major difficulties. It focused on the principle of non-discrimination, once regarded as the corner-stone of the multilateral trading system, and its bearing on the seemingly intractable issues to do with the explosion of bilateral and regional trade agreements, discrimination against trade in temperate-zone agricultural products and labor-intensive manufactures and, thirdly, finally, pressures on the WTO dispute-settlement process. Today the WTO system is faced with the political problem of overcoming massive domestic farm subsidies sustained by high levels of border protection, with the consequent disarray in world agriculture made worse by export subsidies, i.e. dumping, that further depress commodity prices in markets around the world.
Speakers and discussants at the event were drawn from government, international organizations, private law firms and universities around the world. In addition to Professor Barceló and Mr. Corbet, they included: Jean-François Bellis, a partner in Van Bael & Bellis, an international law firm located in Brussels; Jagdish Bhagwati, the Arthur Lehman Professor of Economics, Columbia University, and André Meyer Senior Fellow, Council on Foreign Relations, New York; Dr. Olivier Cattaneo, Principal Trade Policy Adviser at the Agence Française de Développement (shortly to take up a post at Yale University); Victoria Curzon Price, Professor of International Economics, and a Research Fellow at the Institute of European Studies, University of Geneva; Andreas Freytag, Professor of Economic Policy, Friedrich Schiller University, Jena; José Alfredo Graça Lima, Brazilian Ambassador to the European Union; Dr. Bernard Hoekman, Manager (Trade), Development Research Group, World Bank, Washington, DC, and a Research Associate, Centre for Economic Policy Research, London; Patrick Messerlin, Professor of Economics and Director, Groupe d'Economie Mondiale, at the Fondation Nationale de Sciences Politiques, Paris; Eduardo Perez Motta, Mexican Ambassador to the World Trade Organization, Geneva; Ernst-Ulrich Petersmann, Professor of International Law, European University Institute, Florence, and Consultant to the Technical Cooperation Division, WTO Secretariat, Geneva; Professor J.F.R. Rollo, co-director of the Sussex European Centre, and Director of the Centre on European Political Economy, University of Sussex, Brighton, and Editor of the Journal of Common Market Studies; Dr. Lorenz Schomerus, international consultant, Bonn, Vice Chairman of the Supervisory Board, Allbecon AG, Düsseldorf, and Chairman, German Advisory Group to the Ukrainian Government; Dr. Herwig Schlögl, Deputy Secretary-General, the Organization for Economic Cooperation and Development (OECD), Paris; Clive Standbrook QC, Senior Partner, Stanbrook & Hooper, Brussels; Dr.Stefan Tangermann, Director, Agriculture Directorate, OECD Secretariat, Paris; Agnes van Ardenne, Minister for Development Cooperation, Government of the Netherlands; Ambassador John M. Weeks, Senior Policy Adviser at Sidley Austin Brown & Wood, and Vice Chairman, Advisory Centre on WTO Law, Geneva; S. Bruce Wilson, Director, Legal Affairs Division, World Trade Organization, Geneva; and, Dr. David R. Woolner, Executive Director, Franklin & Eleanor Roosevelt Institute, Hyde Park, NY, and Assistant Professor of History, Marist College, Poughkeepsie, NY.
A collection of essays resulting from the conference presentations will be published in the near future. In addition to the Berger International Legal Studies Program and the Cordell Hull Institute, financial support for the conference came from: the Netherlands Ministry of Foreign Affairs in the Hague; Stanbrook & Hooper, Brussels; and, from Sidley Austin Brown & Wood.
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Professor Annelise Riles Continues As Editor Of Polar
Professor Annelise Riles will continue to edit PoLAR, the Political and Legal Anthropology Review, after having completed a three-year editorship this May. The biannual journal, released in May and November, is published by the Association for Political and Legal Anthropology, a division of the American Anthropological Association, and is supported by Cornell Law School and the Department of Anthropology at Cornell University. Two Cornell faculty members serve on the Editorial Board, Hiro Miyazaki, Professor of Anthropology, and Vilma Santiago-Irizary, Associate Professor of Anthropology and Latino Studies, while Cornell Law and graduate students are also involved in the editorial process.
PoLAR, a compilation of articles, book reviews, syllabi, and grant proposals, is ground-breaking in its broad conceptualization of the anthropology of law and politics. The journal engages “anthropologists interested in law, bureaucracy, politics, international institutions, human rights, statehood, property, criminality, social movements, and many other topics in new ethnographic contexts,” noted Professor Riles.
Founded in 1991 by Professor Rebecca Redwood French of SUNY Law School in Buffalo, PoLAR was brought to Cornell by Professor Riles, when she came to Cornell as a faculty member in the Law School and the Department of Anthropology. During Professor Riles' editorship, PoLAR has covered such issues and symposia as debates between legal and anthropological scholars about the nature of law, the Latin American tradition of legal anthropology, “Ethnography in the Realm of the Pragmatic,” and the ethnography of human rights. The recent May 2004 issue featured an article by Professor Mahmood Mamdani, political anthropologist at Columbia University, on the “act of choice” of the suicide bomber, with responses by Professors Myron Aronoff and Iris Jean-Klein.
For more information about subscribing or contributing to PoLAR, please visit its website at http://www.aaanet.org/apla/polar.html.
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Law Student Awarded Fulbright Grant
William E. Fork '06 is one of ten Cornell students to be awarded the prestigious government-funded Fulbright grant for the 2004-2005 academic year. Typically fewer than 20 law students in the United States are selected to study under the Fulbright grant.
His work will be on “Comparative German and American Energy Deregulation” and involves studying and preparing his resulting thesis in Germany in the coming academic year. Prior to attending Bucerius Law School in Hamburg and conducting research at Humboldt Law School in Berlin, Mr. Fork will attend the OECD International School of Nuclear Law in Montpellier, France. “I'm very much looking forward to studying international legal issues ranging from nuclear non-proliferation to energy deregulation, and sincerely hope that comparative research may help ensure that future energy systems are reliable, efficient, and environmentally safe.”
Following his research in Germany, Mr. Fork plans on attending the Cornell Law Summer Institute in Paris as part of the joint J.D./LL.M program in international and comparative law. “The Law School is delighted that one of our current students has been selected for this prestigious grant. I am confident that Mr. Fork's career path will be enhanced by his study in Germany,” said Anne Lukingbeal, Associate Dean and Dean of Students. “We look forward to his return to Cornell Law School next year.”
Sponsored by the Department of State, Fulbright grants are awarded on a nationally competitive basis to U.S. citizens, nationals, and permanent residents who are graduate students or will have earned their bachelor's degrees prior to September 2003. Fulbright grants are for research abroad and cover travel and living costs, any necessary tuition at overseas universities, health insurance, and a variable research allowance for the projects.
“We are very pleased with this Fulbright grant for Will Fork and his exciting program of study,” said Stewart J. Schwab, the Allan R. Tessler Dean of the Law School. “It solidifies important ties we have with prominent German law faculties.”
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Justice Ginsburg Comments on Women’s Advances in Law
Cornell Law School students scored a coup when they persuaded Supreme Court Justice Ruth Bader Ginsburg to comment in print on women's advances in the law profession. The just published vol. 89 of the Cornell Law Review contains Ginsburg’s "Remarks on Women's Progress at the Bar and on the Bench." It includes, among other things, her lively, candid assessment of the bad old days when the prevailing view among "men of the bench and bar" was that "women and lawyering, no less judging, do not mix." Ginsburg's spunky reply: "It ain't necessarily so."
Ginsburg, who earned an A.B. degree at Cornell in 1954, recalled that law firms were not hiring women when she graduated from Columbia Law School in 1959, tying for first in her class (despite her high standing, she received not one job offer from a law firm and instead accepted a clerkship with a federal district judge in New York).
Nor were women students greeted with open arms by law schools back then, Ginsburg noted. She quoted the president of Harvard during World War II, who was asked how that university's law school was faring and responded: "'[It's] not as bad as we thought. We have 75 students, and we haven't had to admit any women.'" Not much had changed by the Vietnam War era, Ginsburg observed. Harvard's president of that era, also worried about the draft's toll, said: "We shall be left with the blind, the lame and the women."
But "despite the chill air, female lawyers would not be put down," Ginsburg related. Today, women account for more than 50 percent of the entering law school classes, up considerably from the 3 to 4.5 percent from 1947 to 1967, she stated with some pride. They also now make up 30 percent of the U.S. bar, up from 3 percent in the early 1960s, she said. And among law faculty, 23 percent of the full professors with tenure and 32 percent of the overall law faculty are women, a huge jump from 1963 (the year Ginsburg was appointed to Rutgers law school's faculty), when there were fewer than 20 women among tenure-track faculty at accredited U.S. law schools, she noted.
Ginsburg credited former President Jimmy Carter with appointing "a barrier-breaking number of women - 40 - to lifetime federal judgeships." Before that, only one woman sat on a federal court of appeals bench and only five served among the nation's 399 district court judges. "Once Carter appointed women to the bench in numbers, there was no turning back," Ginsburg quipped. Ronald Reagan appointed the first woman to the Supreme Court, Sandra Day O'Connor, during his presidency. Bill Clinton more than doubled Carter's record as president, appointing 104 women to federal judgeships. George H.W. Bush appointed 36 women to federal judgeships during his single term as president, and so far President George W. Bush has appointed 33, Ginsburg noted.
Pondering what might have kept women out of the profession for so long before those shifts, Ginsburg reviewed, then dismissed, the range of male arguments in opposition - from the prediction that women would not put their degrees to full use, to what she called "the 'potty problem'" - the absence of adequate bathrooms in judges' chambers for women. "Times have indeed changed," she stated. "To mark my 1993 appointment to the Supreme Court, my colleagues ordered the installation of a women's bathroom in the justices' robing room, its size precisely the same as the men's."
Ginsburg urged the United States to continue on the path of racial and ethnic as well as gender inclusivity for future appointments of judges, and to follow the leads of Canada and New Zealand and appoint a woman as chief justice of the U.S. Supreme Court. Quoting former Minnesota Supreme Court Justice Jeanne Coyne's now-famous statement, Ginsburg asserted: "At the end of the day, 'a wise old man and a wise old woman will reach the same decision.'"
"When President Clinton announced that he had nominated then-judge Ginsburg to the bench, he called her 'the Thurgood Marshall of gender equality law,' in recognition of her leadership litigating on behalf of women's rights during the 1970s," said Trevor Morrison, a former law clerk to Ginsburg who is now an assistant professor at Cornell Law School. "She has continued to play a leading role on the Supreme Court in matters of gender equality, but she has also distinguished herself as a wise and important jurist in a variety of other areas, ranging from civil procedure to disability rights, copyright law to the death penalty."
Ginsburg's article was adapted from a talk she gave Oct. 9, 2003, to the National Association of Woman Judges in Washington, D.C. For copies of the article, contact Susan Pado at or (607) 255-2287.
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David Wippman is New Associate Dean of Academic Affairs for Cornell Law School
David Wippman has become the Associate Dean of Academic Affairs for Cornell Law School. "I look forward to working with faculty, administrators, and students to strengthen even further the law school’s already rich academic programs," said Dean Wippman.
Dean Wippman received his B.A. in English literature summa cum laude from Princeton University in 1976 and his M.A. in English from Yale University two years later. In 1982 he graduated from Yale Law School, having been editor in chief of the Yale Law Journal. That same year he started his clerkship with Judge Wilfred Feinberg of the U.S. Court of Appeals for the Second Circuit. The next year Dean Wippman joined the firm of Powell, Goldstein, Frazer and Murphy. In 1984 he joined Reichler and Appelbaum, becoming a named partner in 1987.
In 1992 Dean Wippman joined the Law School faculty as an associate professor. He took a year’s leave in 1998 to become director for Multilateral and Humanitarian Affairs with the National Security Council. He returned to Cornell, becoming a full professor in 2000, specializing in international human rights, ethnic conflicts, and international criminal law. Dean Wippman is currently working with two co-authors on a book on humanitarian intervention and the rule of law, supported by grants from the Carnegie Corporation and the U.S. Institute of Peace, as well as on an edited volume on recent developments in the laws of war, also supported by a Carnegie Corporation grant.
"David Wippman is a dedicated teacher and a leading scholar in the law of war," said Dean Schwab. "He is admired by colleagues for his thoughtful and balanced judgement." Dean Schwab concluded by saying "I look forward to working closely with him. I also want to thank the immense efforts of Professors John Siliciano and Gary Simson, who graciously and efficiently kept the administrative ship moving during my first semester as Dean."
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Law Librarian to Become President of AALL
"Applause is due to our colleague Claire Germain," announced Dean Schwab in April. Claire M. Germain, Edward Cornell Law Librarian and Professor of Law and Director of Cornell Law School’s Joint Degree Programs in Paris and Berlin, was elected vice president/president elect of the American Association of Law Libraries (AALL). The AALL was founded in 1906 to promote and enhance the value of law libraries to the legal and public communities, to foster the profession of law librarianship, and to provide leadership in the field of legal information. Today, with over 5,000 members, the Association represents law librarians and related professionals who are affiliated with a wide range of institutions: law firms; law schools; corporate legal departments; courts; and local, state and federal government agencies.
"I am truly honored to be elected to this position by my fellow law librarians," said Professor Germain. "I am looking forward to my terms as vice president and president and already have a list of agenda items for our consideration, including the preservation of electronic legal information. I also hope that I can bring increased focus to the importance of legal research as a specialty of law. Law librarians are an essential element in helping practitioners of law, law offices, and legal institutions maintain their authority, competitiveness, and reliability."
Professor Germain’s term of office starts in July 2004 as vice president, and then she will serve as president July 2005 through July 2006. She will preside over the 2006 annual meeting in St. Louis, Missouri, which will celebrate the Centennial of AALL.
Earlier this year, Professor Germain was also elected vice chair/chair elect of the American Association of Law Schools (AALS) Section on Libraries at the annual meeting in Atlanta in January. "These two positions demonstrate Claire’s high regard among her peers," said Dean Schwab.
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New Assistant Dean of Public Service and Other Career Office Changes
The eve of the PIF Cabaret was an especially appropriate time for Dean Stewart J. Schwab to announce that Karen V. Comstock has been named the Law School’s first assistant dean for public service. While public interest law is not new to the Law School, the position was created to give it more prominence and create more opportunities for law students to get involved, said Dean Schwab. "Karen’s energy and expertise in this area make her an ideal administrator to take on the task of building our program," he said. In her new position, Dean Comstock is working full-time to enhance the school’s public service programs and initiatives and attract support for them. They include enhanced career services for current students and alumni, the summer Public Interest Fellowship program, a low-income protection plan and a grant program for law school graduates in low-paid public sector work.
Since joining the Law School staff in 1994, Dean Comstock has been very active in a number of public interest roles, including serving as advisor to the PILU, energizer of the PIF Cabaret efforts, and chair of the committee which revised the Law School’s Public Interest Loan Repayment Program for graduates. She was chair of the committee that revised and improved the Law School’s loan repayment program for graduates working in public interest law. She has been adviser to the Public Interest Law Union student group at the school and helped energize its Public Interest Fund cabaret fund-raising efforts. The group sponsors talks and promotes discussions on such social justice issues as law and poverty, welfare reform, social inequities, corporate responsibility, and governmental accountability.
With Dean Comstock now focusing her attention entirely on public service, the law school's assistant dean for student services, John R. DeRosa, assumed oversight of all career office activities relating to employment in the private sector. In addition to his career services duties, Dean DeRosa performs a variety of functions at the law school. He is a member of the Admissions, Judicial Clerkship, Administrative, and Academic Standards Committees, and works very closely with Anne Lukingbeal, associate dean and dean of students, on the provision of academic and personal counseling to students. He also serves as an advisor to the law school's many student organizations, particularly on matters relating to budgets and university policies.
With an eye towards strengthening the law school's relationships with law firms and corporations both domestically and abroad, Dean DeRosa and his staff will be investing significant amounts of time in communication with the law school's many private sector alumni. Graduates and friends of Cornell Law School are encouraged to contact Dean DeRosa if they wish to discuss strengthening ties with their respective organizations.
In order to continue to give the highest quality career service to students, whose interests and aspirations are focused on the private sector of law firms and corporations, Dean Lukingbeal will head a search committee for a new director of Career Services. The new director will be supervised by Dean DeRosa, and the two of them will work together to expand the Law School’s outreach and service to private sector employers. "I am convinced that there are exciting challenges and opportunities for us to explore in the public and private areas and this new arrangement will serve both sectors very well," said Dean Schwab.
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Conference to Look at Socio-Legal Approaches to Law & Development
"The Practice of Law and Development: Socio-Legal Approaches." As the United States comes to terms with its new status as an occupying power, new concerns have emerged. The nature and purposes of "law" and "development," and hence of modernity itself, are up for grabs. In response, scholars and practitioners from the fields of law, economics, anthropology, history, comparative literature, and science studies will come together at this conference to define a new set of questions for the field of law and development.
For more information: www.lawschool.cornell.edu/international/asianlaw/ladconference.asp
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Two Symposia: One on International Peacekeeping and Child Soldiers and another on Revisiting Brown v. Board of Education
The International Law Journal’s symposium, "International Peacekeeping in Countries Utilizing Child Soldiers: Unique Problems of Security and Rebuilding," addressed one of the most timely and heartbreaking issues in international law today: the distinct problems of peacekeeping and rebuilding in nations where the presence of prolonged warfare has resulted in the depletion of adult troops and the recruitment of children as soldiers. Despite extensive international law barring children under the age of fifteen for use in combat, it is currently estimated that over 300,000 children in over thirty countries continue to be exploited as soldiers. The symposium attempted in part to expose this growing problem as well as to investigate possible international responses.
For a detailed schedule of events, please visit http://www.lawschool.cornell.edu/ilj/childsoldiers.htm.
The Cornell Law Review’s symposium, "Revisiting Brown v. Board of Education: 50 Years of Legal and Social Debate," looks back to May 17, 1954, when the U.S. Supreme Court unanimously declared that separate education facilities for black and white students are "inherently unequal" and, as such, violate the 14th Amendment to the U.S. Constitution, which guarantees all citizens "equal protection of the laws." The ruling paved the way for racial integration in education throughout the United States. More information can be found at http://www.lawschool.cornell.edu/CLR/symposium.htm
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Law School Announces Skadden Fellowship Recipient
Nhu Le, a member of Cornell's Class of 2004, has been awarded a prestigious Skadden Fellowship by the Skadden Fellowship Foundation. The Foundation, funded by a bequest from the law firm Skadden Arps Slate Meagher & Flom LLP, awards approximately 25 fellowships per year to graduating law students and outgoing judicial clerks. Fellows provide legal services to the poor, elderly, homeless and disabled, as well as those deprived of their civil rights. As a Skadden Fellow, Ms. Le will work for Greater Boston Legal Services (GBLS).
The Cornell Law School is extremely proud of Ms. Le, both for her commitment to serving the public good and for her selection as a Fellow from a field of enormously talented and dedicated candidates. One of those talented candidates was Diana Adams ’04, who advanced as a finalist. We look forward to learning of Ms. Le's and Ms. Adams's accomplishments as public interest lawyers, and we know they will serve as inspirations to our current and future students.
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Cornell law professor Stewart Schwab is new Allan R. Tessler Dean of Cornell Law School.
The announcement was met with the full acclamation of the law school community.
"Stewart Schwab is a nationally recognized scholar who has the respect and admiration of his colleagues on the Cornell faculty," said President Lehman. "I am confident that, with his strong leadership, the Law School will make ever greater contributions to our understanding of the law and legal institutions and will continue to prepare our students for lives of accomplished service within a rapidly changing profession."
Professor Schwab earned an M.A. in labor economics and industrial organization (1978), a J.D. (magna cum laude, 1980) and a Ph.D. in economics (1981) from the University of Michigan. He then clerked for the Hon. J. Dickson Phillips of the U.S. Court of Appeals for the Fourth Circuit and for U.S. Supreme Court Associate Justice Sandra Day O'Connor before joining the Law School faculty in 1983.
Cornell Provost Carolyn A. (Biddy) Martin, who chaired the search committee, said: "Stewart brings to the position 20 years of teaching and scholarship in areas that have enormous significance and breadth. He is one of our most productive and distinguished legal scholars and is widely respected by his colleagues. I look forward to working with him." She added, "We were fortunate to have a superb set of candidates, including three from within Cornell among our five finalists, and making the final choice was challenging."
"I am delighted but humbled at being chosen," said Professor Schwab. "I look forward to working with my colleagues to make Cornell Law School and the larger university an even stronger place than it is today. Two facts about Cornell University Law School stand out-first, it is already a superb community of scholars and students with many strengths; second, it can become an even finer institution. Cornell has the potential to become the best law school in the country at synthesizing the twin roles of inspiring students through a broad-minded program of instruction in a great university, and of educating the world through research and scholarship on the functions of law in society. Our talented and imaginative alumni are a critical part of our community-essential in providing insight on the skills, traits, and vision needed for a successful lawyer. I look forward to working with our alumni to make our ambitions a reality."
Professor Schwab has examined issues in labor and employment law through empirical analysis, as well as from comparative and law and economics perspectives. He is the co-author, with Samuel Estreicher, of Foundations of Labor and Employment Law (Foundation Press, 2000). Among his casebook publications are Employment Law: Cases and Materials (Matthew Bender & Company, 3rd ed, 2002), with Steven L. Willborn and John F. Burton Jr. He has written about employment discrimination, workplace accommodations to people with disabilities, sexual harassment in the workplace, constitutional tort litigation and labor law reform and has contributed numerous chapters to books on employment law. He has published articles in scholarly law journals at Yale University, the University of Chicago, New York University, William and Mary, University of Michigan and Cornell and he is currently co-editor of the Journal of Empirical Legal Studies.
At Cornell he has taught courses on comparative labor law, contracts in a global society, corporations, empirical studies of the legal system, torts, employment and labor law, and law and economics. He was a distinguished visiting professor at the University of Nebraska Law School in spring 2003 and a Fulbright senior scholar at the Australian National University's Centre for Law and Economics in January 1998. He has been a visiting fellow at Oxford University's Centre for Socio-Legal Studies, the Chapman Tripp Visiting Lecturer at Victoria University Faculty of Law, New Zealand, an Olin visiting research professor of law and economics at the University of Virginia Law School and a visiting professor at law schools at Duke University and the University of Michigan.
A consultant for the World Bank on reform of labor and employment laws in parts of the former Yugoslavia and Soviet Union, Professor Schwab has consulted on ERISA, ESOP and Title VII litigation. Among the projects he currently is working on is "What Do CEOs Bargain For?: An Empirical Study of Key Legal Components of CEO Contracts" (with R. Thomas). Professor Schwab has served on the Law and Social Science Panel of the National Science Foundation and on the outside review committee of the American Bar Foundation. He has chaired the Cornell University Hearing Board, been a member of the Financial Policies Committee of the Faculty Senate, and served on the City of Ithaca Board of Zoning Appeals.
Professor Schwab grew up in Chapel Hill, North Carolina. He lives in Ithaca with his wife, Norma Schwab, and their eight children. His oldest child is a graduate of Cornell University, the second attends Cornell, and the third will be a freshman beginning next fall. Professor Schwab will officially become the Allan R. Tessler Dean in January.
Professor Schwab succeeds Lee Teitelbaum, who served as dean of the Law School from July 1999 to June 2003. In addition to the provost, search committee members were: Walter Cohen, vice provost; Stephen Crane, chair, Law School Advisory Council; and these Law School faculty members: Professors Kevin Clermont, Theodore Eisenberg, Stephen Garvey, Barbara Holden-Smith, Sheri Lynn Johnson, Annelise Riles and Faust Rossi, and Carol Grumbach, senior lecturer and director, The Lawyering Program.
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Presidential Inauguration
PRESIDENTIAL INAUGURATION
Jeffrey S. Lehman was inaugurated as the 11th president of Cornell University on Thursday, October 16, 2003. The procession and ceremony concluded a week-long tour that took place in multiple locations, including Doha, Qatar, New York City, and the Ithaca campus. President Lehman, who graduated in 1977 with an undergraduate degree in mathematics, is the first Cornell alumnus to serve as the University’s president. Though he has also joined the Law School faculty as a tenured professor, President Lehman indicated that presidential duties would occupy his first year. He hopes to teach in subsequent years.
Even though it was fall break for the Law School, a number of law students, about a dozen faculty members, and several academic and staff members marched in law school contingent of the university-wide academic procession. The full procession, composed of about 1,200 people, circled the Arts Quad and entered Barton Hall, where, following remarks by Supreme Court Justice Ruth Bader Ginsburg, President Lehman delivered his inaugural address, ”Revolutionary Cornell, Beloved Cornell.” In his speech, the new president presented the Cornell community with a series of fundamental questions about the kind of university Cornell should be. “Let us, together, engage the fundamental questions about our future,” he said at the conclusion of his speech. ”Let us renew an institution where any person can find instruction in any study, where any person can engage, criticize and improve on the instruction that is offered, where intellectual values are respected and cherished, where any person can be challenged and enabled to make an enduring contribution to the betterment of our world, and where people around the world can find inspiration and hope for the future of humanity. Revolutionary Cornell, beloved Cornell.”
The celebrations concluded that evening with “Ezra’s and Andy’s Excellent Big Red Adventure,” a show which included a live conversation with NASA astronaut Edward Lu, an ‘84 graduate “engaged in his own revolutions around our planet“ on the International Space Station.
The inauguration coincided with the annual campus meeting of the Board of Trustees and University Council on October 17, during which President Lehman gave his first State of the University speech. Referring to his inaugural address, he discussed Cornell’s historic boldness in transforming higher education (“Revolutionary Cornell”) and the very special affection that Cornellians have always felt for the university (“Beloved Cornell”). “So how do I see the State of the University?” concluded President Lehman to the trustees and council members. “Wonderful. Exceptionally talented people, assembled here and working together. It is a perfect time for us to think carefully and deliberately about how the university should evolve in the years to come.”
For more information please go to http://inauguration.cornell.edu/
inauguration.cornell.edu/
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Stephen C. Robinson '81, JD '84, Unanimously Confirmed as a U.S. District Judge
In September 2003, the United States Senate unanimously confirmed President Bush’s nomination of Stephen C. Robinson as a United States District Judge for the Southern District of New York. As a federal District Judge, he is responsible for presiding over both criminal and civil matters arising in Manhattan, Bronx, Westchester, Orange, Rockland, Sullivan, Putnam and Dutchess counties.
Robinson was appointed by President Bill Clinton in 1998 as the first black U.S. Attorney for Connecticut. As U.S. Attorney for Connecticut, he received the 2nd largest civil health care fraud settlement in United States history - $74 million against a major health insurer. He also headed the successful prosecution of the former Connecticut State Treasurer on racketeering, bribery, and money laundering charges and convicted five police officers for violating the civil rights of area prostitutes by forcing them to engage in non-consensual sexual acts.
Prior to his nomination, Robinson was the interim director of Empower New Haven, a federally funded community organization. He has been a prosecutor in the Southern District, and served as general counsel to the Federal Bureau of Investigation, where he oversaw the development of counter-terrorism policy and investigations.
Judge Robinson earned a J.D. from Cornell Law School in 1984 and a B.A. in Government from Cornell University in 1981.
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Renowned Cornell constitutional scholar dies
Milton Konvitz, a Cornell University faculty member and authority on constitutional and labor law, and civil and human rights, died Sept. 5 at the age of 95. Prof. Konvitz was a professor in Cornell's Law School and School of Industrial and Labor Relations from 1946 until his retirement in 1973. He was most well-known for his course in American Ideals, which shaped the views of generations of Cornell graduates, including Justice Ruth Bader Ginsburg. Prof. Konvitz also essentially wrote the constitution for the Republic of Liberia and edited the decisions of its Supreme Court.
www.news.cornell.edu/releases/Sept03/Konvitz.obit.lm.html
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The Class of '06: A Statistical Snapshot
For the incoming J.D. Class of 2006, Cornell Law School received a record 4,705 applications (the previous record of 4,650 applications was set in 1990). The 194 enrolling members of this class come from 38 states and six foreign countries; 46 percent are women, and 32 percent represent minority groups.
The class earned undergraduate degrees from 108 colleges and universities, majoring in 45 different academic disciplines. The most represented undergraduate schools are Cornell, University of Pennsylvania, Columbia, University of California at Berkeley, University of Chicago, Princeton, Stanford, and University of Rochester. More than 50 percent have had full-time employment experience, and nearly 10 percent have graduate degrees.
The 64 new LL.M. students represent 31 nations, and have a wide range of backgrounds; many have already begun careers as lawyers, academics, or government officials in their home countries.
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Law School and Johnson School Collaborate for Legal Help to New Business
New startup and emerging growth-oriented businesses can take advantage of first-rate professional legal services for an affordable token fee. Entrepreneurship Legal Services (ELS) is a new program cooperatively sponsored by Cornell Law School and Cornell University's Johnson Graduate School of Management. ELS Executive Director Zach Shulman is a Law School adjunct professor, and is a J. Thomas Clark Senior Lecturer of Entrepreneurship at the Johnson School.
Prof. Shulman offers the rationale for the new service, commenting, "Often entrepreneurs fail to seek legal counsel until after problems arise . . . we will encourage our clients to seek legal guidance from the beginning of their ventures and help them avoid common pitfalls."
ELS bills clients at the modest rate of $25 per hour for services provided by Law School students under the supervision of Prof. Shulman and lawyers from outside law firms.
The services ELS provides embrace most of the areas of business law including legal formation of a business entity, contract drafting including licensing, legal audits and compliance programs, intellectual property programs, human resources advising, and alternative dispute resolution, among many others.
Prof. Shulman points out that ELS does not represent parties in litigation or adversarial court proceedings, practice before the SEC, or draft patent applications.
For additional information, interested parties may call (607) 255-3012, or e-mail Prof. Shulman at zjs2@cornell.edu. The ELS Web site is els.cornell.edu.
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1969 Alumnus New Microsoft V.P., Deputy General Counsel
A Cornell Law School alumnus with three decades of legal experience in managing intellectual property investments, has been picked by Microsoft as its new corporate vice president and deputy general counsel for intellectual property.
At the software innovator, Marshall C. Phelps ’69, will oversee groups responsible for trademarks, trade secrets, patents, and copyrights, managing its intellectual property portfolio of some 3,000 U.S.-issued patents and more than 11,000 trademark registrations worldwide.
Phelps comes to Microsoft after serving 28 years at IBM. For most of the 1990s he served as vice president for intellectual property and licensing, where he played a key role in building IBM s standards, telecommunications policy, industry relations, patent licensing program and intellectual property portfolio development. He also helped established IBM's Asia/Pacific headquarters in Tokyo, and served as IBM Director of government relations in Washington.
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Professor Blume Becomes Full-Time Faculty Member
John H. Blume, who since 1997 has served as Director of the Cornell Death Penalty Project and had a visiting professor appointment, has joined the Law School as an Associate Professor of Law.
Prof. Blume earned a B.A. from University of North Carolina in 1978, M.A.R. from Yale Divinity School in 1982, and J.D. from Yale Law School in 1984. He clerked for Hon. Thomas A. Clark of the U.S. Court of Appeals for the Eleventh Circuit, and after private practice became Executive Director of the South Carolina Death Penalty Project, where he remained until 1996. Upon coming to Cornell as a visiting professor in 1993, with Professors Sherri Lynn Johnson and Stephen Garvey he formed the Cornell Death Penalty Project, which fosters empirical scholarship on death penalty cases, and provides information and assistance for capital case attorneys.
Since 1996, Prof. Blume has served on the Habeas Assistance and Training Project Counsel, which consults with the Defender Services Committee of the United States Courts. He teaches criminal procedure, wrongful convictions, mental health issues in criminal cases, and the Supreme Court’s treatment of the death penalty. He also supervises the capital trial and capital punishment clinics. A prolific author, Prof. Blume has written extensively on American capital punishment in scholarly articles and book chapters, and has served as counsel or co-counsel for petitioners in many United States Supreme Court death penalty cases.
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Phillip S. Figa '76 Nominated for U.S. District Bench
Phillip S. Figa ’76, a civil lawyer who has served as president of the Colorado Bar Association, has been nominated by President Bush to succeed retiring Judge Richard Matsch on the United States District Court for the District of Colorado. Figa, who is 51, was advanced by Sens. Ben Nighthorse Campbell and Wayne Allard, both Colorado Republicans.
A native of Chicago, Figa has a 1973 B.A. from Northwestern University, and a 1976 J.D. from Cornell Law School. He was admitted to the Colorado Bar in 1976, and was an associate at Sherman & Howard for four years before joining Burns, Figa & Will, where he is president of the firm. Long active in the affairs of his alma mater, Figa is a member of the Colorado Regional Committee of Cornell Law School, which supports the efforts of the Law School’s annual giving program.
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Cornell Law School Alumna to be Nominated for Commerce Post
Julie L. Myers ’94, will be nominated by President Bush to be Assistant Secretary of Commerce for Export Enforcement. She is currently Chief of Staff to the Assistant Attorney General for the Department of Justice, Criminal Division.
She had previously served as Deputy Assistant Secretary for Money Laundering and Financial Crimes for the Department of the Treasury’s Office of Enforcement. She clerked for the Eighth Circuity, U.S. Court of Appeals, and was an associate for Mayer, Brown & Platt before turning to public service as Assistant United States Attorney for the U.S. Attorney’s Office, Eastern District of New York.
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Dean Lukingbeal Elected to National Law Placement Board
Anne Lukingbeal, who serves as Cornell Law School’s Associate Dean and Dean of Students, has been elected to a two-year term as Northeast Regional Director on the Board of Directors of the National Association for Law Placement (NALP).
Dean Lukingbeal joins a board of 13 voting members of the national organization, which has nearly 1,200 members representing 190 American and 13 Canadian law schools, and more than 900 of the nation’s largest, top-tier law firms. NALP was established in 1971 to provide leadership and direction in the career planning and development of law school students and graduates.
As Dean of Students, Dean Lukingbeal has administrative responsibility for student affairs, the registrar’s office, and career planning and placement, which she has overseen since 1990. Dean Luckingbeal said, “I am honored by this appointment to serve on the board of NALP. It will be a privilege to contribute to the Association’s goals in bringing together lawyers and legal employers.”
Joining Cornell Law School as assistant dean and admissions director in 1978, Dean Lukingbeal received a B.A. from Stanford University in 1972, and has a 1975 J.D. from University of California, Davis. She had served as a trial attorney in the Los Angeles County Public Defender’s Office for three years before turning to academia. She has been the Law School’s associate dean and dean of students since 1984. She has served on the ABA Standing Committee on Lawyer Competence, the Board of Trustees of the Law School Admissions Council, and on the Bar Admissions Committee of the ABA section on Legal Education and Admission to the Bar.
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Journal of Empirical Legal Studies to Debut in January 2004
With the January 2004 publication of the inaugural issue of the Journal of Empirical Legal Studies, Cornell Law School becomes the publisher of the only legal journal dedicated exclusively to empirical legal scholarship. Co-edited by Cornell Law professors Theodore Eisenberg, Jeffrey Rachlinski and Stewart Schwab, and Martin Wells (Chair of Cornell’s Biometrics Department), it is scheduled for publication three times annually. The inaugural issue will be published in January 2004 by Blackwell Publishers.
The United States editorial advisory board is comprised of eminent legal scholars from many universities, including Princeton, Northwestern, Stanford, Yale, University of Delaware, Harvard, Chicago, UC Berkeley, and Duke. International advisory board members are from the Stockholm School of Economics, University College London, Université de Cergy-Pointoise, Waseda University School of Law, York University, and Monash University.
Six articles have been accepted for volume one, issue one, ranging from a study of 40 years of civil jury verdicts in tort cases in San Francisco and Cook Counties, collected by the RAND Institute for Civil Justice--to an examination of Indiana’s raising caps on medical malpractice recoveries and its effect on deterring malpractice--to a piece on empirical estimates of filtering failure in court-supervised reorganization of firms in Canada, by authors from Wilfrid Laurier University and Université de Cergy-Pointoise.
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Professors Heise, Sherwin, and Morrison Join Law School Faculty
Michael Heise, Emily Sherwin, and Trevor Morrison join the Cornell Law School faculty on July 1.
Prof. Heise, professor of law at Case Western Reserve University since 1999, was a visiting professor at Cornell in fall 2002. He joins the faculty as a full Professor. He received an A.B. from Stanford University in 1983, a J.D. in 1987 from University of Chicago, and a Ph.D. from Northwestern University in 1990. He was admitted to the Illinois Bar in 1987, and was an associate at Rudnick and Wolfe in Chicago. In government service, Prof. Heise was Senior Legal Counsel to the Assistant Secretary for Civil Rights in the U.S. Department of Education and later served at Deputy Chief of Staff to the Secretary of Education. He turned to academia in 1994 as a Visiting Assistant Professor of Law at Indiana University School of Law, becoming Assistant Professor in 1995, and Associate Professor in 1999 before moving to Case Western. His teaching and research areas are torts, law and education policy, insurance, and law and social science.
Prof. Sherwin, who was Visiting Professor at Cornell in 1998, 1999-2000, and Spring 2001, comes as a full professor from University of San Diego School of Law, where she has taught since 1989. She holds a 1977 B.A. in International Relations from Lake Forest College, and a 1981 J.D. from Boston University School of Law. She has been a visiting professor at Boston University and University of Pennsylvania law schools, and was a tenure-track professor at University of Kentucky College of Law from 1985 to 1990. In private practice, she was an associate at Csaplar and Bok in Boston specializing in bankruptcy and corporate law. A prolific scholar, she has co-authored (with Larry Alexander), the book, The Rule of Rules: Morality and the Dilemmas of Law (Duke University Press 2001), and has contributed numerous book chapters, articles, and professional papers. Her research and teaching interests are in property, remedies, trusts and estates, feminist jurisprudence, and legal history.
Trevor W. Morrison joins the faculty as an assistant professor. He currently clerks for U.S. Supreme Court Justice Ruth Bader Ginsburg. Prof. Morrison has a 1994 B.A. from University of British Columbia and J.D. in 1998 from Columbia University School of Law. He was also Richard Hofstadter Fellow at Columbia’s University Graduate School of Arts and Sciences in Japanese history. In 1992 he was a Government of British Columbia Asia-Pacific Fellow at Tokyo’s Sophia University. Before joining Justice Ginsburg’s staff, Prof. Morrison clerked for Hon. Betty B. Fletcher on the ninth circuit, U.S. Court of Appeals; he served as Bristow Fellow in the U.S. Justice Department’s Office of Solicitor General; and he was attorney-advisor to the Justice Department’s Office of Legal Counsel. He was in private practice as an associate for Wilmer, Cutler & Pickering in Washington. He has contributed scholarly articles to Yale Law Journal and California Law Review. His teaching and research interests are in constitutional law, immigration and nationality law, federal courts, statutory interpretation, and administrative law.
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The Class of 2003 Graduates With Nearly Full Employment for J.D. Candidates
On May 25, 173 Juris Doctorate (J.D.) candidates, 47 Master of Laws (LL.M.) candidates, two Doctor of the Science of Law (J.S.D.) candidates, and four candidates in joint degree programs, were formally graduated from Cornell Law School--with 98 percent of the Class employed by that date. The 226 members of the 116th graduating class are the Class of 2003. On Mother's Day, May 11, the Class attended a Convocation ceremony marking the end of their tenure as law students. The joint degree candidates were two receiving the joint J.D.-LL.M. degree, and one candidate each in the J.D.-Maitrise en Droit joint degree program (with the University of Paris I), and the J.D.-M.LL.P. (Master of German and European Law and Practice), with Humboldt University in Berlin.
Of the 98 percent of J.D. graduates already placed, the majority have secured lucrative jobs with large firms—-approximately one-third of the class will be in New York City, and about 10 percent will go to the West Coast.
Twenty students from the class have judicial clerkships, and public interest and government jobs have attracted graduates to district attorney offices in Manhattan and the Bronx, the Federal Public Defender in Alabama (death penalty representation), a Native American rights organization, and federal spots with the U.S. Department of Justice, CIA, and Judge Advocate General Corps in the U.S. Army and U.S. Navy.
Graduates of the J.D. Class of '03 represent 32 American states and eight foreign countries, with most students coming from New York, California, New Jersey, Massachusetts, and Pennsylvania.
They come from 96 different undergraduate institutions, with the most represented being Cornell, Dartmouth, Harvard, NYU, UC Berkeley, UCLA, University of Minnesota, College of William and Mary, and Yale.
Twenty percent had advanced degrees on entering law school, and less than 35 percent came to Cornell Law immediately following undergraduate studies; more than half have full-time employment experience.
They majored in more than 40 different undergraduate subjects, the most popular being political science/government, English, philosophy, and history. Ten percent majored in engineering or sciences.
The rigors of final exams in the last weeks of law school will not end the studies of this class. After a short breather, most graduates will begin preparing for state bar examinations.
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President Bush Names Richard C. Wesley ’74 to Federal Court of Appeals
The Hon. Richard C. Wesley has been nominated by President Bush to the U.S. Court of Appeals. He currently serves as Associate Judge of the New York State Court of Appeals. If confirmed, he will serve in the Court’s Second Circuit.
Judge Wesley, 53, earned a J.D. from Cornell Law School in 1974. Active in the affairs of the Law School, since 1999 he has served on its Advisory Council. He is a 1971 summa cum laude undergraduate of SUNY Albany.
He was elected to the New York State Assembly in 1982 and served until election to a 14-year term as Justice of the New York State Supreme Court’s Seventh Judicial District, and served as Supervising Judge of the Criminal Courts in that district from 1991 to 1994.
Appointed Justice of the Supreme Court’s Appellate Division of the Fourth Department by Gov. Cuomo in 1994, he was elevated to the state’s highest court by Gov. Pataki in 1997.
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The Class of 2003 Will Graduate With Nearly All J.D. Candidates Employed
On Mother’s Day, May 11, 173 Juris Doctorate (J.D.) candidates, 47 Master of Laws (LL.M.) candidates, two Doctor of the Science of Law (J.S.D.) candidates, and four candidates in joint degree programs, will attend a convocation ceremony marking the end their tenure as Cornell Law students. They become the Class of 2003. The joint degree candidates are two receiving the joint J.D.-LL.M. degree, and one candidate each in the J.D.-Maitrise en Droit joint degree program (with the University of Paris I), and the J.D.-M.LL.P. (Master of German and European Law and Practice), with Humboldt University in Berlin.
The 226 members of the Law School's 116th graduating class will formally graduate from Cornell University on Sunday, May 25.
By graduation, approximately 98 percent of J.D. graduates are expected to be employed, with the majority having secured lucrative jobs with large firms—approximately one-third of the class will be in New York City, and about 10 percent will go to the West Coast.
Twenty students from the class have judicial clerkships, and public interest and government jobs have attracted graduates to district attorney offices in Manhattan and the Bronx, the Federal Public Defender in Alabama (death penalty representation), a Native American rights organization, and federal spots with the U.S. Department of Justice, CIA, and Judge Advocate General Corps in the U.S. Army and U.S. Navy.
Graduates of the J.D. Class of '03 represent 32 American states and eight foreign countries, with most students coming from New York, California, New Jersey, Massachusetts, and Pennsylvania.
They come from 96 different undergraduate institutions, with the most represented being Cornell, Dartmouth, Harvard, NYU, UC Berkeley, UCLA, University of Minnesota, College of William and Mary, and Yale.
Twenty percent had advanced degrees on entering law school, and less than 35 percent came to Cornell Law immediately following undergraduate studies; more than half have full-time employment experience.
They majored in more than 40 different undergraduate subjects, the most popular being political science/government, English, philosophy, and history. Ten percent majored in engineering or sciences.
The rigors of final exams in the last weeks of law school will not end the studies of this class. After a short breather, most graduates will begin preparing for state bar examinations.
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James H. Rosenblatt, ’72, Named Dean of Mississippi College School of Law
Col. James H. Rosenblatt, a 1972 Law School alumnus, has been selected as the new dean of Mississippi College School of Law in Jackson, MS. He will assume the position on August 4.
Col. Rosenblatt is currently chief counsel for the U.S. Army’s Training and Doctrine Command in Fort Monroe, VA, where he is legal advisor for the Command's 54,000 soldiers and employees. He will retire from the Army this summer after 31 years of service. A native of Fort Adams, MS, he has an undergraduate degree from Vanderbilt University.
Mississippi College School of Law is Baptist-affiliated and was founded in 1975 after taking over Jackson School of Law. It was fully accredited in 1981 and enrolls 400 JD students.
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Cornell Law Alumnus Nominated for Federal Bench
Gary L. Sharpe '74, has been nominated by President Bush to the federal bench for the 32-county Northern District of New York. He has served as federal magistrate in Syracuse and Binghamton since 1997; if confirmed, Sharpe will succeed Thomas McAvoy of Binghamton, who will continue working with a reduced caseload in a senior status.
Sharpe was nominated for confirmation on the recommendation of a screening committee reporting to Gov. Pataki. The president traditionally accepts nominations from the senior senator of his own party. Bush turned to Pataki's nominee because both New York senators are Democrats.
Sharpe, 56, received an undergraduate degree from State University at Buffalo. He has served in both the U.S. Army and Navy, and joined the U.S.Attorney's office in 1982, serving as interim U.S. Attorney from 1992 to 1994.
The Northern District covers Binghamton to Watertown, and from Syracuse to Albany.
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New Hampshire Attorney General is Cornell Law Alumnus
Peter W. Heed ’75 has been confirmed as Attorney General for New Hampshire. Nominated by Gov. Craig Benson, he was confirmed by the state’s Executive Council. He fills a position left vacant when his predecessor resigned in December.
Heed said that he vowed to bring “vigor and aggressiveness and a play-it-straight-down-the-road attitude to the job. I’m a law enforcement-oriented, victim-oriented, aggressive prosecutor, and I’m looking forward to this challenge.”
Gov. Benson said of Heed, “I spoke to a lot of good people, and at the end of the day, it came down to chemistry. He’s got a lot of energy and passion.”
After graduation from Cornell Law School he served as a prosecutor for five years in the attorney general’s office, then spent 20 years in private practice. In 2000 he was elected Cheshire County Attorney, and was reelected last November.
Heed, 52, is a Pennsylvania native and Dartmouth undergraduate, and co-author of “Canoe Racing: The Competitor’s Guide to Marathon and Downriver Canoe Racing.” He has competed in the sport in Luxembourg and Germany.
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John Siliciano to Serve as Cornell Law School Interim Dean
While a search committee chaired by Provost Biddy Martin conducts research and evaluates potential candidates in a national search for a new dean for the Law School, John Siliciano, vice dean and professor of law, will serve as Interim Dean.
He will temporarily succeed Lee E. Teitelbaum, who in December announced his intent to resign as Allan R. Tessler Dean and Professor of Law at the conclusion of the 2002-03 academic year.
“I could not be more pleased than I am with John Siliciano’s willingness to serve as Interim Dean,” said Dean Teitelbaum. “He is not only extremely capable, but has been intimately involved in all aspects of law school governance for the last six years. The Law School will be able to continue its current momentum in addressing pressing space issues, in program development, and a variety of other areas under his able and sympathetic leadership.”
Dean Siliciano, who has served in that administrative capacity since 1997, is a Cornell undergraduate (1975); he received an MPA degree from Princeton in 1979, and a JD from Columbia the same year, where he was Editor-in-Chief of Columbia Law Review. He clerked for Chief Judge Wilfred Feinberg of the second circuit, U.S. Court of Appeals, and later for Associate Justice Thurgood Marshall of the U.S. Supreme Court.
He was also an associate at Califano, Ross and Heineman, and at Arnold and Porter, both Washington firms, in the early 1980s. Dean Siliciano turned to academia in 1984 as an assistant professor at Cornell Law School. He has been professor of law since 1992, teaching criminal law, products liability, and torts. He is co-author (with James A. Henderson and Richard N. Pearson) of The Torts Process (6th ed., 2002).
Dean Siliciano commented, “Although we are all saddened by Dean Teitelbaum’s departure, Provost Biddy Martin has put together a very able search committee and I have every confidence they will successfully identify a worthy successor to the Dean.”
Dean Siliciano’s tenure as Interim Dean will commence on July 1, 2003 and conclude with the appointment of a new Dean for the Law School, which is expected within the year.
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Former President of Ireland and UN Human Rights Commissioner at Cornell Law School April 21
Mary Robinson, who served as President of Ireland from 1990-97, and was the United Nations High Commissioner for Human Rights from 1997 until last year, will address “International Human Rights and the Role of Law and Lawyers” on Monday, April 21 at Cornell Law School. The event is at noon in the Berger Atrium. The public is invited and a buffet lunch will be served. Although the lecture is free and open to the public, RSVPs are required for the lunch by Friday, April 18, to Tara Maria at 255-7044 or tm226@cornell.edu.
Ms. Robinson comes to Cornell as the 2003 Henry E. and Nancy Horton Bartels World Affairs Fellow. Past Bartels Fellows have included The Dalai Lama, Archbishop Desmond Tutu, former Prime Minister of Jamaica Michael Manley, Kennedy Administration Press Secretary Pierre Salinger, and Prime Minister of Israel Shimon Peres.
Ms. Robinson is currently Executive Director of the Ethical Globalization Initiative. She was educated at Trinity College in Dublin, where she received joint M.A. and LL.B. degrees in 1967, and in 1968 received an LL.M. from Harvard Law School. Prior to her election as President, Ms. Robinson served in Ireland’s Senate from 1969 to 1989.
She became U.N. High Commissioner for Human Rights following nomination by Secretary-General Kofi Annan and endorsement of the General Assembly. Posted in Geneva, Ms. Robinson was given the mandate to integrate human rights concerns in all U.N. activities; in her first year she traveled to Rwanda, South Africa, Colombia, and Cambodia, and in 1998 was the first High Commissioner to visit China, signing an agreement for a wide-ranging program of cooperation for the improvement of human rights in that country.
She is recipient of a number of honorary doctoral degrees from, among others, Northeastern University, University of Essex, Albert Schweitzer International University, and Columbia University. She has received the Winston Churchill Medal from Great Britain, the CARE Humanitarian Award for Emergency Relief, the Indira Gandhi Peace Prize from India, and the Franklin D. Roosevelt Four Freedoms Medal and J. William Fulbright Prize for International Understanding from the United States.
Ms. Robinson’s presentation is sponsored by Cornell Law School’s Berger International Legal Studies Program.
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Cornell Law School Alumnus Elected to Monaco National Council
Cornell Law School alumnus Jean-Charles S. Gardetto, LL.M ’87, has been elected to a five-year term in Monaco’s parliamentary body, the National Council. His party, the opposition coalition, Union pour Monaco (UPM), swept 21 of 24 seats in the February election, turning out the long-established party in power for some three decades. There was an 80 percent turnout among the 5,800 eligible Monagasque voters.
Before coming to Cornell Law School, Gardetto received a degree from University of Aix-Marseille III Institute of Business Law, and the Maitrise en Droit Prive in 1984 from Nice University Law School. He was admitted to the Monaco Bar in 1988, and has a wide-ranging civil and commercial practice in Monte Carlo.
The National Council does not initiate legislation, but votes on bills proposed by Prince Rainier III, the principality’s ruler of 53 years. It also votes the country’s budget, and plays a role in the ratification of certain international treaties. Upon his February 20 swearing-in, Gardetto was appointed Chairman of the Foreign Relations Committee.
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International Criminal Court Judge Sang-Hyun Song '70 to Speak at Cornell Law School April 3
Cornell Law School alumnus and newly elected International Criminal Court Justice Sang-Hyun Song will address "A New Court for a New World: The International Criminal Court" at the Law School on Thursday, April 3, at noon in the Berger Atrium.
Judge Song is a 1970 graduate of the Law School's J.S.D program. He was elected last month to serve a three-year term on the court, having come from a distinguished career in legal education in his native Korea.
He received an LL.B. in 1963 from Seoul National University Law School, and in 1968 received an LL.M from Tulane Law School (Fulbright Fellow), a Diploma in Comparative Studies from Cambridge University in 1969, followed by his J.S.D. from Cornell in 1970. He passed the Korean bar in 1964 and went on to serve three years as a military prosecutor and later judge in the Korean army. After two years in a New York firm performing research on maritime and environmental issues, he returned to Korea to teach. He has been on the faculty of Seoul National University School of Law since 1972, serving as dean from 1996-98. He is currently Visiting Professor of Law at Harvard Law School.
Judge Song's presentation is sponsored by Cornell Law School's Berger International Legal Studies Program.
Although the lecture is free and open to the public, RSVPs are required for the lunch by Wednesday April 2, to Tara Maria at 255-7044 or tm226@cornell.edu.
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Victims of Violence and Family Members of Offenders in Law School Forum March 12
The brother of the so-called "Unabomber," one of the Unabomber's victims, the father of an Oklahoma City bombing victim, and a man whose brother was executed in California, will unite in a New Yorkers Against the Death
Penalty program at Cornell Law School on Wednesday, March 12.
The program, sponsored by the Cornell Death Penalty Project, is titled, "Justice Overcoming Revenge: Responsibility, Community, and Healing in Response to Violence." The 7 p.m. program, to be held in the MacDonald Moot Courtroom of Myron Taylor Hall, is open to the general public.
Admission is free.
David Kaczynski is the brother of convicted Unabomber Ted Kaczynski; David turned his brother in to federal authorities. Joining Kaczynski on the program is Gary Wright, who in 1986 was nearly killed by one of the Unabomber's letter bombs. Over the years, Wright and David Kaczynski became friends. David is now executive director of Albany based New Yorkers Against the Death Penalty.
Bud Welch's daughter Julie Marie was killed in the Oklahoma City bombing; he has been an outspoken critic of capital punishment since her death. He joins the panel, with Bill Babbitt, who turned his brother Manny in to
Sacramento police on the condition that he receive treatment for his mental illness and that the death penalty would not be sought. Following a
trial in which his court-appointed attorney failed to present crucial evidence, Manny Babbitt was convicted and executed by California.
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Rights of Guantanamo Detainees to be Addressed in Berger Lecture Feb. 7
“The Constitution and Guantanamo: The Rights of 9/11 Detainees” will be addressed by Yale law professor Harold Koh at Cornell Law School on Friday, Feb. 7, at 4 p.m. The public is invited and admission is free. He comes to Cornell under the auspices of the Berger International Legal Studies Program.
Prof. Koh, who also served in the Clinton Adminstration as Assistant Secretary of State for Democracy, Human Rights and Labor from 1998-2001, will speak in the Harriet Stein Mancuso ’73 Amphitheater, Room G-90 on the ground floor of Myron Taylor Hall at the Law School.
A former counsel for Haitian and Cuban refugees detained at the U.S. Naval Base at Guantanamo Bay, Cuba from 1992-94, he currently is Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale Law School.
Since January 2002, hundreds of detainees have been brought to the Guantanamo naval base, where they are indefinitely detained by the U.S. Department of Defense. Litigation has been filed in American and British courts over the lawfulness of their confinement. Prof. Koh is expected to address the questions of Guantanamo’s judicial status, and what rights, if any, do alien detainees have, among other issues raised by detainment.
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Janet Reno Presents Annual Yudowitz Lecture
at Law School Feb. 12
Clinton Administration Attorney General Janet Reno will address “The Collaboration Between Law and Public Health” at Cornell Law School on Wednesday, Feb. 12, at 4:15 p.m.
Presented as the Law School’s annual Bernard S. Yudowitz Lecture Series in Law and Medicine, Ms. Reno’s lecture will be held in the Harriett Stein Mancuso ’73 Amphitheater, Room G-90, located on the ground floor of the Law School. The public is invited, and admission is free. Seating in the venue is limited, and those attending should arrive early to ensure a seat.
President Clinton appointed Ms. Reno the nation’s top law enforcement official. She was the first woman to hold this cabinet level post, and having served the full tenure of the Clinton Administration, Ms. Reno was the longest serving attorney general since before the Civil War.
She is a 1960 graduate of Cornell University with a degree in chemistry and in 1963 earned an L.L.B. from Harvard Law School. Ms. Reno returns to Cornell February 3-14 to serve as a Frank H.T. Rhodes Class of ’56 University Professor. In 2001 she was Senior Convocation speaker at the University’s commencement.
The Bernard S. Yudowitz Lecture Series was established in 1999 by Dr. Yudowitz '55 to bring practitioners and scholars to the Law School for annual lectures on subjects of importance to students with an interest in law and medicine. Previous lecturers have included Lori B. Andrews and James Garbarino.
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South Africa Constitutional Court Justice at Law School Jan. 31
The Hon. Justice Yvonne Mokgoro of the Constitutional Court of South Africa will speak at Cornell Law School on Friday, January 31. Scheduled for noon in the Law School’s Berger Atrium, Justice Mokgoro’s address is titled, “Protection of Human Rights in South Africa: The Role of the South African Constitutional Court.” She comes to Cornell Law School under the auspices of the Law School’s Berger International Legal Studies Program.
Justice Mokgoro was appointed by President Mandela to South Africa’s highest judicial body in October 1994. She received B.Juris and Master of Law degrees from University of the North West, and an LLM from University of Pennsylvania. She served as clerk for the Bophuthatswana Department of Justice before becoming prosecutor for the then-Mmabatho Magistrate’s Court.
In 1984 she began teaching in the Department of Jurisprudence at University of the North West where she became a tenured associate professor. From 1992-93 she served as associate professor at the University of the Western Cape, moving to the position of Specialist Researcher in Human Rights for the Centre for Constitutional Analysis at the Human Sciences Research Council.
Justice Mokgoro’s address is a luncheon event, and the general public is invited; those interested in attending should e-mail Tara Maria at the Law School, tm226@cornell.edu.
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Dean Teitelbaum To Leave Cornell
Lee E. Teitelbaum, the Allan R. Tessler Dean and Professor of Law, has announced that he is leaving Cornell Law School at the conclusion of the 2002-2003 academic year.
Dean Teitelbaum leaves the Law School after a period marked by great faculty productivity, expansion of programs, and exceptionally strong student morale. In announcing his resignation, Dean Teitelbaum said, “I very much regret leaving Cornell at a time when the Law School’s faculty, students, and programs are so very strong and when its future is so very bright. I especially regret leaving the many students, faculty, administrators, staff, and alumni who have been extraordinarily kind and generous. And I will always be grateful beyond words for my time at Cornell and for the opportunity to serve as dean of this unique, and uniquely great, Law School.”
Cornell University President Hunter R. Rawlings III said, “Lee Teitelbaum has been an excellent dean of Cornell Law School for the past four years and I regret that family concerns have led him to resign from his position. Our Law School is in excellent condition, to which he contributed substantially, and I am confident that we will be able to recruit a superb successor to Dean Teitelbaum.”
University Provost Carolyn A. Martin expressed regret over Dean Teitelbaum's departure. “I have enjoyed working with Lee and appreciate his contributions not only to the Law School, but also to the university as a whole.”
In the fourth year of Dean Teitelbaum’s tenure, the Law School has prospered financially, with faculty salaries competitive with peer schools, and plans for further faculty additions. The International and Comparative Law Program has expanded its reach and visibility through establishment of an East Asia program to complement its highly regarded European activities, and with commitments for additional financial support that will support further new developments.
During Dean Teitelbaum’s time at Cornell Law School, cross-disciplinary teaching and scholarship have become more prominent, new relations across colleges have developed, and an interdisciplinary peer-reviewed journal with national and international advisory boards will begin publication next year.
A campaign to establish merit scholarships to enhance student recruitment was begun in 1999 and successfully completed last year. This campaign will add 40 percent to the Law School’s endowment for financial aid. Because of this support, and because of increased publicity for the Law School, the yield on offers of admission has grown from 19 percent to 27 percent over the last three years.
Facilities and computing have also been enhanced during Dean Teitelbaum’s tenure. All classrooms have been renovated with the most advanced technology currently available and plans for expansion of the Law School’s physical space are well under way.
A native of New Orleans, Dean Teitelbaum is one of the nation’s leading authorities on family law and on issues related to the rights of children generally and within the juvenile justice system. His publications include six books and numerous contributions to edited works and to law journals. He has served on the Executive Committee of the Association of American Law Schools, the Board of Trustees of the Law School Admission Council, the Board of Trustees of the Law and Society Association, and on the editorial boards of four journals. He currently chairs the American Bar Association/Association of American Law Schools/Law School Admission Council Joint Committee on Racial and Ethnic Diversity.
Dean Teitelbaum plans to rejoin the faculty of the University of Utah College of Law, where he taught from 1986 until 1999 and served as Dean from 1990 to 1998. He has also been on the law faculties of the University of New Mexico, Indiana University-Bloomington, SUNY/Buffalo, and the University of North Dakota.
www.lawschool.cornell.edu/Misc/TeitelbaumMessage.asp
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Cornell Law School Launches Database for Labor and Globalization Research
Cornell Law School’s Prof. Katherine Stone has established a comprehensive Web site database on global labor rights and standards. Globalization and Labor Standards (GALS) is an annotated bibliographic archive and database that searches English-language law journals from around the world, and provides an alphabetical list and summaries of recent articles on the general issues of labor rights and standards internationally. The archive may be found at www.laborstandards.org. Access to this important Cornell Law School resource is available to anyone, and is free of charge.
Prof. Stone, who also directs the site, is Cornell Law School Professor of Law and Anne E. Estabrook Professor of Dispute Resolution at Cornell University's School of Industrial and Labor Relations. She notes that entries are organized by subject, author, journal, and date. Current headings include codes of conduct, child labor, North American Free Trade Agreement (NAFTA), World Trade Organization (WTO), the Alien Tort Claims Act, women’s rights, forced labor, and country-specific case studies, among others. GALS also publishes a monthly electronic newsletter with updates to the database. Subscriptions are free of charge, and are available by sending the following email to listinfo@postoffice.law.cornell.edu:
Subject: (leave blank)
First line of message: SUBSCRIBE GALS-list Your e-mail
[e.g., SUBSCRIBE GALS-list jsmith@hotmail.com]
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Visiting Scholar Bruno Caruso on Globalization in Labor Law
Prof. Bruno Caruso, professor of labor law at University of Catania and current Cornell Law School visiting scholar, will present "Beyond Traditional Labor Law: Globalization in the Alchemy of European Social Law" at the Law School on Thursday, Nov. 7.
Jointly presented by the Law School's Berger International Speaker Series and the Globalization and Labor Standards Project, the 2:30 to 4 p.m. event is in room 273 of Myron Taylor Hall on the Cornell University campus.
At University of Catania, Prof. Caruso also serves as director of the Center for the Study of European Labor Law. His current research includes globalization and the labor market and implementation of civil service reform. He has been visiting professor at London School of Economics, New York University, and University of Cambridge.
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How Law and Politics Affect Public Policy Examined at Cornell Law School Nov. 1 and 2
"Policy at the Intersection of Law and Politics" will be examined by a panel of legal authorities at Cornell Law School on Friday, Nov. 1 and Saturday, Nov. 2. Presented by Cornell Journal of Law and Public Policy, the event, which is free and open to the general public, will be in room G85 on the ground floor of Myron Taylor Hall on the Cornell University campus.
Professor Theodore J. Lowi will open the event as keynote speaker on Friday at 4:30 p.m. The John L. Senior Professor of American Institutions at Cornell, his address is titled, "Law Versus Public Policy."
The Saturday events begin at 10:30 a.m. with a presentation by Prof. Peter M. Shane titled, "When Interbranch Norms Break Down: Of Harms-for-Hostages, 'Orderly Shutdowns,' Presidential Impeachments, and Judicial Coups." Prof. Shane teaches at the H.J. Heinz III School of Public Policy and Management of Carnegie Mellon University. Commentators on his presentation are Profs. Cynthia R. Farina of Cornell Law School and Saikrishna B. Prakash of University of San Diego School of Law.
At 1:30, Prof. Susan D. Carle, of American University Washington College of Law will present, "How Should We Theorize Class Interests in Thinking About Professional Regulation?: A Case Study of the Early NAACP." She will be joined by commentators Prof. Alfred L. Brophy of University of Alabama School of Law and Prof. Jeffrey Standen of Willamette University College of Law.
Beginning at 3:15, Kristen Booth Glen, Dean of CUNY School of Law, will present "The Longitudinal Law School: Creating a Community of Justice."
Dean Glen will be followed by Cornell Law School's Prof. Muna B. Ndulo on "Legal Education and the Challenges of Globalization."
The event will close with "Defending the Aristocracy: ABA Accreditation and the Filtering of Political Leaders," presented by Prof. George Shepherd of Emory University School of Law.
Cornell Law School is certified as an accredited provider of continuing legal education in New York State. Attendance will entitle qualified participants to 4.5 credits in the area of Professional Practice.
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Barry T. Albin '76 Named to New Jersey Supreme Court
New Jersey Governor James E. McGreevey nominated Barry T. Albin '76 to serve as an associate justice of the New Jersey Supreme Court, and was confirmed by the State Senate September 12. He is expected to assume the bench presently. Mr. Albin was a partner with the Woodbridge, New Jersey firm of Wilentz, Goldman & Spitzer, where he concentrated his practice on criminal, civil rights, and administrative law matters. He formerly served as Deputy Attorney General in the Appellate Section of the New Jersey Division of Criminal Justice, and is a past president of the New Jersey Association of Criminal Defense Lawyers.
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Amy St. Eve '90 Named to Federal Bench in Illinois
Amy J. St. Eve, a 1990 graduate of Cornell Law School, was confirmed by the U.S. Senate to serve as a federal district judge in the Northern District of Illinois (Chicago). Ms. St. Eve, 36, is one of the youngest candidates ever named to the federal bench in Illinois. U.S. Sen. Peter Fitzgerald (R-Ill.), who recommended Ms. St. Eve to President Bush, said that she stood out because of her "unique combination of stellar academic and professional credentials as well as for her energy and enthusiasm." At the Law School she served as an editor of Cornell Law Review and is a member of Order of the Coif. She formerly served with the Whitewater Independent Counsel in Little Rock and then was Assistant United States Attorney in Chicago, working on bank fraud, narcotics trafficking, public corruption, and gang violence. Ms. St. Eve taught trial advocacy at Northwestern Law School in 2001, and was most recently senior litigation counsel for Abbott Laboratories. She assumed the bench in September.
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Mark Wood '75 Named to Alaska Superior Court
Alaska Governor Tony Knowles has named Judge Mark Wood '75 to serve on the Superior Court in Fairbanks. The Superior Court is the next level below the Alaska Supreme Court. Judge Wood had served as judge of the Fairbanks District Court since 1993.
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Law School Alumnus Robert Andrews Wins Seventh House Term
Robert E. Andrews ’82 was re-elected to a seventh two-year term in the House of Representatives. The Democrat won a decisive victory, with 93 percent of the vote for New Jersey’s first congressional district in the general mid-term election of November 5. The district is comprised of Burlington, Camden, and Gloucester Counties.
Since his 1990 election Rep. Andrews has served on the Armed Services, and Education and Workforce committees. Among his accomplishments, he has authored laws to make higher education more affordable, and helped lead a citizen effort to have the Battleship New Jersey restored as a naval museum at the Camden Waterfront.
Before House service he was in private practice, and was adjunct professor at Rutgers University School of Law. He also served as freeholder director of Camden County, the highest elected office in county government. He resides in his congressional district and commutes to the Capitol.
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Law Library in Alliance with SBA to Aid New York Businesses
Cornell Law School Library has entered into a partnership with the U.S. Small Business administration to enhance the services provided to small businesses by BusinessLaw.gov, the agency’s online resource guide to legal and regulatory information.
The award-winning government Web site (www.BusinessLaw.gov) combined its resources with those of the Law Library to provide high-quality business information specific to New York state. Through the partnership the Law Library will continue to update the site and will work with the SBA to make the site more interactive.
Edward Cornell Law Librarian and Professor of Law Claire M. Germain said, "We are proud anytime that the Cornell Law Library can transfer its expertise in serving faculty and students into a parallel service that benefits the general public."
At a ceremony to sign the agreement, SBA Deputy Administrator Melanie Sabelhaus said, “Local economies are the building blocks of our nation’s financial health. We have to make it easy for them to thrive; one way is to provide localized information and tools that help reduce the burden of regulatory compliance.”
Head Reference Librarian Jean Callihan, who signed the agreement on behalf of the Law Library’s said, “The Law Library recognizes the importance of public access to legal information in the digital age. We are committed to working with SBA to provide small businesses with the information they need to succeed."
BusinessLaw.gov offers information on federal, state, and local business laws, regulatory compliance guides in 17 business tops ranging from advertising to transportation, and access to existing online G2B tranacations.
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Annelise Riles Joins Cornell Law School Faculty
Dr. Annelise Riles, who served as a visiting professor at Cornell Law School during the 2000-2001 term, has joined the faculty as a tenured professor. A specialist in comparative and international law and East Asia-Pacific region legal studies, Dr. Riles holds a dual appointment with Cornell University’s Department of Anthropology, and will serve as Director of the Clarke Program in East Asian Law and Culture.
Cornell Law School Dean Lee E. Teitelbaum said, “Professor Riles has an exceptional legal mind and is an accomplished scholar in two disciplines. She brings much to the Law School, and we know from her tenure as a visiting professor that students find her engaging and challenging.”
Dr. Riles has an undergraduate degree from Princeton University, a master’s degree from the London School of Economics, a J.D. from Harvard Law School, and a doctorate from Cambridge University. She is a native French speaker, is fluent in Chinese, and is proficient in Japanese, Spanish, and Fijian. She has taught at Yale Law School and University of the South Pacific, and was a tenured professor on the law faculty at Northwestern University. She was a consultant to the Fiji Constitutional Review Commission, and served as Research Fellow at the American Bar Association. A prolific author, she has written many articles and book chapters. Her book, "The Network Inside Out" (University of Michigan Press 2000) was awarded the Certificate of Merit of the American Society of International Law; "Rethinking the Masters of Comparative Law" was published last year by Hart. Her book, "The New Formalism" is in manuscript.
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Cornell Law School Dean of Admissions
To Head Law School Admission Council
Richard D. Geiger, Cornell Law School associate dean and dean of admissions, has been nominated to be the new Chair of the Law School Admission Council (LSAC), the 199-school group that develops and oversees administration of the Law School Admission Test (LSAT). With 15 years experience in standardized testing, Dean Geiger has served as trustee for the organization since 1996, and served as chair of the Council’s Test Development and Research Committee in 1999-2000. He officially takes office as Chair-Elect in June and then will start a two-year term as Chair in June 2003.
The LSAC is a nonprofit corporation whose membership is comprised of all 184 accredited law schools in the United States, and Canada's 15 law schools. The group is headquartered in Newtown, Pennsylvania. LSAC administered 107,000 LSATs last year, the standard, and accepted, entrance examination for law school admission. It is administered four times yearly at designated centers throughout the world. The test is required for admission to American Bar Association-accredited law schools. LSAC also develops a wide array of other products and services used by law schools, pre-law advisors, and law school applicants.
Dean Geiger said, "I am honored and excited by the confidence in me shown by the Nominating Committee of LSAC. These are important times for standardized testing organizations and I look forward to leading an organization that has long been aggressively committed to opening the legal profession to people from all walks of life.”
Cornell Law School Dean Lee R. Teitelbaum said of the choice, "Rick is the first admissions professional not holding faculty rank to be named to the position. This makes what would in any event be a great compliment even greater."
Graduating with a J.D. from Boston University, he clerked for Chief Judge Raymond J. Pettine of the U.S. District Court for the District of Rhode Island before entering private practice in Washington, D.C. and Boston. He came to Cornell as the Law School's assistant dean for admissions in 1987, was appointed Dean of Admissions in 1992, and became Associate Dean and Dean of Admissions in 1997.
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Property Rights to Our Bodies Addressed by Lori Andrews in Yudowitz Lecture April 10
Should hospitals be able to sell your blood to researchers? Should researchers be able to patent your genes without your consent? These are among the compelling questions Prof. Lori B. Andrews will address in Cornell Law School's second annual Bernard S. Yudowitz Lecture on Wednesday, April 10, at 4 p.m.
Scheduled for the Stein Mancuso Amphitheater in Myron Taylor Hall on the Cornell campus, the lecture promises to be informative as well as provocative. Admission is free and the general public is invited to attend.
The Lecture Series was endowed by Bernard S. Yudowitz, MD, JD, in 1999. The series is designed to bring practitioners and scholars to Cornell Law School for annual lectures on subjects of importance to students with an interest in law and medicine.
Prof. Andrews is currently Visiting Professor of Public and International Affairs at Princeton University's Woodrow Wilson School, and serves as Distinguished Professor of Law, Associate Vice President, and Director of the Institute of Science, Law and Technology at Chicago-Kent College of Law at Illinois Institute of Technology.
She is author of the books, "Body Bazaar: The Market for Human Tissue in the Biotechnology Age" (Crown, 2001), "Future Perfect: Confronting Decisions About Genetics" (Columbia University 2001), and "The Clone Age: Adventures in the New World of Reproductive Technology." She is a frequent commentator on medical-legal ethics issues, and has appeared on "60 Minutes," "Nightline," and "Oprah." USA Today said of her, "When octuplets are born in Houston, when a dead man fathers a baby in Los Angeles, when twins of different races are born after a medical mixup in Manhattan, whom are you going to call? Lori Andrews definitely is on the short list."
An undergraduate of Yale College with a JD from Yale Law School, Prof. Andrews's scholarship and research regarding reproductive and genetic technologies and disposition of frozen embryos prompted National Law Journal to list her as one of the the "100 Most Influential Lawyers in America." She advises the U.S. Congress on genetic and reproductive issues, in addition to World Health Organization, National Institutes of Health, and Centers for Disease Control, and foreign nations including emirate of Dubai and the French National Assembly.
CBS and Paramount Pictures are developing a television series based on her career.
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Cornell Law School Symposium to Examine Effect of Victim Statements in Capital Trials
The statements of victims have become--through the introduction of so-called "victim impact statements" (or VIS)--a common feature of American capital trials since the U.S. Supreme Court's 1991 decision in Payne v. Tennessee.
"Victims and the Death Penalty: Inside and Outside the Courtroom" will be presented by Cornell Law School's Death Penalty Project and Cornell Law Review on Saturday, March 2, from 9:00 a.m. to 5:30 p.m. The symposium will feature empirical studies of both the influence of victim impact testimony in capital trials, and the psychological effects of the death penalty on victims.
The day-long event, which is free and open to the public, is in the MacDonald Moot Court Room, located on the third floor of Myron Taylor Hall on the Cornell University campus. Attorneys who attend can receive up to 5.5 hours of Continuing Legal Education credits (transitional and non-transitional) from Cornell Law School, an accredited provider of continuing legal education in New York State.
Symposium participants include Cornell Law professors Theodore Eisenberg, Stephen P. Garvey, Barbara Holden-Smith, and co-directors of Cornell Law School's Death Penalty Project, Sheri Lynn Johnson and John Blume.
Guests serving on morning panels discussing empirical studies of VIS are: Scott Sundby of Washington and Lee School of Law, Elizabeth Beck of the Georgia State University School of Social Work, Pam Leonard of the Georgia Multi-County Public Defender Office, Seymour Martin Halleck of the Department of Psychiatry of University of North Carolina at Chapel Hill, Janice Nadler of the Northwestern University Law School and American Bar Foundation, and Sam Gross of University of Michigan School of Law.
The featured luncheon speaker is Renny Cushing, executive director of Murder Victims' Families for Reconciliation.
Following an introduction to the law of VIS by Professor Blume, a roundtable discussion on VIS in the courtroom will close the event.
Contributing to the roundtable are Jody Armour, University of Southern California School of Law, Douglas Beloof, Northwestern School of Law of Lewis & Clark College. Richard Burr of the law firm Burr & Welch in Houston, and Professors Holden-Smith and Blume of Cornell Law School
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Professor Muna Ndulo Picked to Head Cornell's African Development Institute
Cornell Law School Professor Dr. Muna B. Ndulo is the new director of Cornell University's Institute for African Development.
Dr. Ndulo directs the activities of an interdisciplinary center established in 1987 to develop and focus Cornell's interests and activities related to development in sub-Saharan Africa. The institute fosters teaching, research, and outreach linked to food security, human resource development, environmental resource management, and policy guidance.
"Dr. Ndulo is ideal to direct this important institute's research and application acitivities," said Lee Teitelbaum, Allan R. Tessler dean and professor of law. "We are proud of his affiliation with the institute, and his ongoing relationship to the Law School's mission of teaching and scholarship."
The Center sponsors seminars and symposia, manages a fellowship program for students who come from Africa for graduate study, and facilitates development of new Africa-related academic courses. Truly interdisciplinary in design, the Center unites faculty from the humanities, physical sciences, and social sciences from all 11 schools and colleges of Cornell University.
Dr. Ndulo comes to the post with impeccable international credentials. He earned a law degree from University of Zambia, where he later taught, and served as dean for five years. His master's degree in law came from Harvard, and he received a doctorate from Tinity College, Oxford University.
He served as consultant for the World Bank, the Economic Commission for Africa, and International Labour Organization, and has taught at International Development Law Institute in Rome and served as Legal Officer for the United Nationsl Commission on International Trade Law (UNCITRAL). In 1999 Dr. Ndulo was Chief Legal Advisor for the United Nations Mission to East Timor, and from 1992 to 1994 served as Chief Political Advisor to the Special Representative of the Secretary General of the United Nations for South Africa.
Dr. Ndulo's academic interests include legal aspects of foreign investments in developing countries, international human rights, common law and the African legal system, and the drafting of constitutions for emerging nations.
He has been affiliated with Cornell Law School since 1984, when he first served on the faculty as visiting professor.
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Professor Rachlinski Awarded Respected Prize by Nation's Leading Dispute Resolution Organization
Cornell Law School Prof. Jeffrey J. Rachlinski is recipient of the nineteenth annual Professional Articles Prize of the CPR Institute for Dispute Resolution, awarded Jan 31. in New York City. Prof. Rachlinski was honored for the article, "Inside the Judicial Mind," (Cornell Law Review 2001) with co-authors Chris Guthrie (University of Missouri School of Law) and Andrew J. Wistrich (Magistrate Judge, U.S. District Court, Central District of California).
Prof. Rachlinski joined the faculty in 1994, teaching Civil Procedure, Environmental Law, Administrative Law, and Torts. In addition to a J.D. from Stanford University, he holds a Ph.D. in Psychology from Johns Hopkins.
Dean Lee J. Teitelbaum said, "We have always been honored by the quality of Professor Rachlinski's research and teaching, and this validation, along with his distinguished co-authors, brings his keen intellect to a wider constituent group."
The mission of CPR (founded in 1979 as Center for Public Resources) is the installation of alternative dispute resolution (or ADR) into the mainstream of corporate law department and law firm practice. The Institute, the nation's leading organization in its field, is allied with 500 global corporations and leading law firms at the forefront of resolving business and public disputes through mediation and other forms of dispute resolution.
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Class of '01 Tops in NY for First-Time State Bar Passage
Graduates of Cornell Law School's 2001 JD Class who took the New York State Bar Exam for the first time in July 2001 scored with the highest first-time rate of all bar exam test-takers for the second consecutive year, tying with NYU's '01 Class.
Of Cornell's 107 first-time examinees, 103 passed the rigorous New York Bar Exam, for a passage rate of 96 percent. Among graduates of all law schools who took the test, Cornell Law School graduates placed the highest again--and besting Cornell's 2000 JD Class's 94 percent first-time passage rate.
In a front-page Jan. 16 lead feature in New York Law Journal, Vice Dean and Professor of Law John Siliciano says, "I think the main thing is that we have very smart, hard working students. We take law education seriously here and that gives students a good fundamental footing to take a test like the New York Bar and do well."
By contrast, other New York state schools below Cornell and NYU were Columbia (94%), Fordham (93%), Cardozo (86%), Brooklyn (82%), and St. John's (82%).
The New York Law Journal article may be accessed here in its entirety: http://www6.law.com/lawcom/displayid.cfm?statename=NY&docnum=106074&table=news&flag=full
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Cornell Law's Career Office Among Nation's Best, Say 5,000 Summer Associates
Cornell Law School's Career Office ranked second in the nation for effective placement of its graduates, according to a survey of 5,165 summer associates conducted by The American Lawyer's popular and widely distributed magazine, "L."
On a 1-5 scale with 5 being highest, Cornell Law School rated 4.33, above Columbia School of Law, and well above the national average of 3.75. Only NYU School of Law scored higher.
Said Associate Dean and Dean of Students Anne Lukingbeal (whose office oversees career planning at the Law School), "We are very pleased by the recognition of so many summer associates in 'L' magazine's survey. The staff in the Career Office works diligently to assure the placement of our graduates in the best law firms and public sector offices in the country."
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Cornell Law School's Clarke Center for International and Comparative Legal Studies Approved by Cornell Board of Trustees
Cornell Law School's Clarke Center for International and Comparative Legal Studies Approved by Cornell Board of Trustees
Cornell Law School's Clarke Center for International and Comparative Legal Studies has been formally approved by the Cornell University's Board of Trustees, and takes its place among the law school's preeminent centers, institutes, and programs devoted to international legal scholarship.
Generously endowed by Jack G. (JD '52) and Dorothea S. Clarke, the Center will support professorships, a directorship, program support, and library acquisitions in the disciplines of international and comparative legal studies.
Mr. Clarke is retired director and senior vice president of Exxon Corporation. Jack and Dorothea Clarke met when both were undergraduate students, and Mrs. Clarke has long been instrumental in the Clarkes's continuing philanthropy.
International legal studies at Cornell Law School were established more than a half-century ago to help support earlier benefactor Myron C. Taylor's mission to pursue world peace through legal studies.
Elements of the of the new Center will include recently endowed professorships in comparative law and Far East legal studies; a directorship (by recent appointment of Larry S. Bush, former director of University of Mississippi's Cambridge Summer Session); a fund to support studies of the law in Middle Eastern countries; and a fund for Far East law to support Asian legal studies.
An international and comparative law collection is endowed to support Law Library acquisitions, along with an international alumni program to support recognition and involvement of Cornell alumni engaged in international and comparative law, and the Clarke International Fellowships in Feminist Legal Theory.
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Cornell Faculty Sought by News Media for their Legal Expertise and Scholarship
Cornell Law Faculty Frequently Sought by News Media for Opinions, Legal Expertise
Major newspapers, wire services, and electronic news media continue turning to Cornell Law School faculty for comment on a variety of legal subjects of interest to the general public. The faculty's expertise was recently sought on topics that ranged from post-Sept. 11 legal implications to death penalty appeal procedures. Other topics included last year's JD class scoring the highest percentage pass rate among all those who took the NY bar exam for the first time, and the law library's Nuremburg transcripts.
Adjunct Prof. Stephen Yale-Loehr, a national authority on immigration law, was quoted Nov. 30 in The New York Times in an article on the legality of questioning some 5,000 Middle Eastern men by Justice officials. Prof. Yale-Loehr was also quoted Nov. 30 in an article in the Baltimore Sun on the Ninth Circuit's upholding an INS ruling to tighten visa requirements, under a program established in 1990 allowing permanent residency for certain categories of applicants for an investment of $500,000 in an American business.
Prof. Steve Garvey was asked to comment in a Wilmington (DE) News Journal story Dec. 3 regarding Thomas Capano's appeal of his death sentence to the U.S. Supreme Court, and his chances of the high court hearing the petition. Capano was convicted of killing Anne Marie Fahey, who was Delaware Governor Tom Carper's scheduling secretary.
Prof. Faust Rossi commented in The Wall Street Journal Dec. 14 in a feature titled, "Bin Laden Tape Prompts Question: Would Courts Admit it as Evidence." "Faust Rossi, an evidence expert at Cornell Law School, says the question of whether Mr. Moussaoui knew the full extent of the conspiracy is irrelevant to establishing his guilt. 'Conspiracies can take strange twists and turns,' Prof. Rossi says. 'The fact that the plan turned out to be other than he thought isn't going to reduce his guilt.'"
Prof. Muna Ndulo is cited in a Dec. 23 Reuters news service article datelined Lusaka, Zambia, in a story about Christon Tembo, leader of Zambia's opposition party. "'Tembo is basically a good man. He has experience of running a large organization -- the army. As far as I know, he is not corrupt,' said Zambian law professor and political commentator Muna Ndulo of Cornell University in the United States."
In a Jan. 10 Associated Press story datelined Trenton and published in The New York Times online, Prof. Claire Germain commented in a story titled, "Papers From Nuremberg Trial on Web," about Gen. William J. Donovan's Nuremberg transcripts going online at Rutgers' Journal of Law and Religion. The piece also quotes Cornell alumnus (and Law School benefactor) Henry H. Korn, who purchased the Donovan papers from the late general's (and OSS founder's) law firm, and donated the transcripts to the Law School.
Cornell Law School is featured in a front-page Jan. 16 lead feature in New York Law Journal about the 2001 JD class first-time New York bar exam passage rate of 96 percent (better than any other law school class taking the test). In the story, Prof. and Vice Dean John Siliciano says, "I think the main thing is that we have very smart, hard working students. We take law education seriously here and that gives students a good fundamental footing to take a test like the New York Bar and do well."
Prof. Faust Rossi comments in a Jan. 27 Philadelphia Inquirer feature titled, "Fingerprint Experts Are Pointed Toward The Courthouse Door." U.S. District Court Judge Louis H. Pollack on Jan. 7 barred fingerprint expert witnesses in a coming trial. "Cornell University law professor Faust F. Rossi, an evidence specialist, said he believed that the ruling was destined for appeal, maybe even to the U.S. Supreme Court. 'Judge Pollak, in my opinion, is one of our great judges,' Rossi said, 'and he has written a very persuasive opinion . . . But this ruling would have enormous impact.'"
Professors Steven Clymer and Jonathan Macey were quoted in two major Los Angeles Times stories two days apart, Nov. 24 and Nov. 26. The stories were subsequently syndicated by the Times's news service and appeared elsewhere nationally.
The Nov. 24 story by David G. Savage is about the Supreme Court's hearing in the case of Oliverio Martinez. Headlined, "High Court to Hear Miranda Challenge," Prof. Clymer is quoted, "Former Los Angeles prosecutor Steven Clymer, now a Cornell University law professor, said the Martinez case will decide 'what Miranda really means on the street. I think the court will say it is OK for the police to violate Miranda. You are not violating the Constitution when you ignore Miranda,' he said." The piece continues, "Clymer, who has an article in the Yale Law Review next month titled 'Are Police Free to Disregard Miranda?' said the Supreme Court would be 'more honest if it just overruled Miranda.'" The complete story may be accessed at http://www.latimes.com/news/local/la-na-miranda24nov24.story.
A story headlined "SEC Disclosure Charges Settled" by Josh Friedman, on Nov. 26 quotes Prof. Macey about the SEC's so-called Reg FD (or "fair disclosure"), and the three companies that settled federal charges involving a two-year-old rrule that bans disclosure of key information to selected analysts or big investors. "'The next time these companies violate Reg FD the sanctions could be very significant,' said Jonathan Macey, a law professor at Cornell University. 'They're on notice, and so are CEOs and investor relations people elsewhere.'" The complete story is at http://www.latimes.com/business/la-fi-disclose26nov26,0,6181078.story?coll=la%2Dheadlines%2Dbusiness.
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Cornell's Legal Information Institute
Top Non-Commercial Legal Research Site
Cornell Law School s Legal Information Institute (or LII) (www.law.cornell.edu) is the only law school site listed among six “Web Sites Every Lawyer Can Use,” an article appearing in the American Lawyer Media publication "Legal Tech" for February 2002. The author, National Law Journal Editor-in-Chief Robert Ambrogi, said, “Cornell Law School’s Legal Information Institute established the first law site on the Internet in 1992. It became the leading Internet site for distribution of U.S. Supreme Court opinions. Its hypertext U.S. Code remains its most heavily used feature, but it has published a host of significant legal documents. As a lawyer once put it to me, ‘They deserve a lifetime achievement award.’”
Other recent recognition for the LII, the Net's most heavily linked-to law site, and the target of more than a million hits a day, include:
·Being named a "Top Ten" site by the "Internet Law Researcher" publication in January 2002
·Receiving a top Five-Star rating from the "legal.online" newsletter in December 2001, along with three commercial sites: lexisONE, Google, and FindLaw.
Reviews of Internet resources by those outside the field of law, on the one hand, and those focusing on particular fields of law, on the other, also regularly praise the LII.
A September 22, 2001 feature in References and User Services Quarterly on researching hot topics on the Web, singled out the LII . . . [as] a respected source of legal information that includes comprehensive overviews of federal and state law on a variety of hot topics such as adoption, drug abuse, children s rights, death penalty, environment, and welfare. Each topical overview provides texts of relevant sections of the U.S. Constitution, U.S. Code, federal judicial decisions, state legal codes, and decisions as well as links to key Web sites on the topic."
A February 4, 2002 New York Law Journal review of legal ethics sites awarded the LII's American Legal Ethics Library five stars.
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Legal Information Institute Named One of "Ten Best Web Sites for Lawyers"
Cornell Law School's Legal Information Institute (LII) has "established a leading Internet site," according to Robert J. Ambrogi in Law Technology News. His article, "Picking the 10 Best Legal Sites on the Web," also appeared in New York Law Journal. The LII is in such august, cutting-edge company as Google search engine, Securities and Exchange Commission's site, Federal Judiciary Homepage, and the American Bar Association's home page. Ambrogi noted, "(The LII) hypertext U.S. Code remains its most heavily used feature, but it has published a host of significant legal documents." Ambrogi is also author of "The Essential Guide to the Best (and Worst) Legal Sites on the Web," published by American Legal Media Publishing.
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