

 |
Cornell Law School
Myron Taylor Hall
Ithaca, NY 14853-4901
Contacts
|
|
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.
|
|
| |
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.
|
|
| |
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.
|
|
| |
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.
|
|
| |
|
|
| |
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.
|
|
| |
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.
|
|
| |
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.
|
|
| |
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.
|
|
| |
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.”
|
|
| |
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.”
|
|
| |
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.
|
|
| |
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."
|
|
| |
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."
|
|
| |
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/.
|
|
| |
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.
|
|
| |
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.
|
|
| |
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.
|
|
| |
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."
|
|
| |
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.
|
|
| |
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.”
|
|
| |
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/
|
|
| |
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.
|
|
| |
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
|
|
| |
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.
|
|
| |
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.
|
|
| |
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.
|
|
| |
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.
|
|
| |
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.”
|
|
| |
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.
|
|
| |
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.
|
|
| |
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.
|
|
| |
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.
|
|
| |
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
|
|
| |
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.
|
|
| |
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).
|
|
| |
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.
|
|
| |
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/
|
|
| |
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.
|
|
| |
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.
|
|
| |
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.”
|
|
| |
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.
|
|
| |
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
|
|
| |
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.”
|
|
| |
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.
|
|
| |
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.”
|
|
| |
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
|
|
| |
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
|
|
| |
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.
|
|
| |
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."
|
|
| |
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.
|
|
| |
Testing Null Link
Null Link
|
|
| |
|
|
| |
|
|
| |
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
|
|
| |
“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.
|
|
| |
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
|
|
| |
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.
|
|
| |
“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).
|
|
| |
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.
|
|
| |
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 ne | | |