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Fordham Lawyer The Magazine of Fordham Law Fall 2012 Questioning Authority Professor Abner S. Greene asks whether the state is justified in demanding general obedience to law. Page 12 The Law of the

Deans Letter is fall, we welcomed to the Law School 435 J.D. and 146 LL.M. candidatesthe next generation of Fordham lawyers. ese new students will be, in only a few short years, the new faces of the l

Fordham Lawyer The Magazine of Fordham Law School 2 6 10 12 Business as Usual A conversation about the changing field of corporate law Prison Growth An Empirical Assessment John Pfaff By the Book Fa

Q and A Business as Usual A conversation with four Fordham Law professors about the changing field of corporate law 2 For dham L aw y er FALL 2012

I n the past decade, the landscape of the corporate and financial industries has been redefined by two largescale economic crises and by the subsequent rules and regulations enacted to prevent future

citizens to pay taxes, and the ability of the government to collect those taxes and to use them wiselyare difficult to quantify, creating a moral hazard problem. The other significant difference, part

be done by an expert agency that is able to reform over time. In DoddFrank, I think there was a lot of political pressure to make real substantial reforms, and the regulated entities were fairly succe

Ex Libris Prison Growth An Empirical Assessment John Pfaff T here has never been a better time to be an empirical legal scholar the wide availability of sophisticated statistical software and prodig

Using two datasets that BBL overlooked, I demonstrate that the growth in prison populations, at least since the mid1990s, has been driven almost entirely by change in precisely one part of the crimina

It is worth asking why filings per arrest have risen. One factor that may explain some of this growth is changes in offenders prior records. The story is simple as a result of the spike in crime from

Ex Libris The connection between longer prison terms and increased prison populations, however, is perhaps more tenuous than its plausibility might suggest. Figure 2, for example, which compares annua

bY THE book Online extra View the 20112012 faculty bibliography at law.fordham.edubibliography Photographs by Jim Barber Sheila R. Foster Comparative Equality and AntiDiscrimination Law Cases, Codes

Tanya Hernandez Joseph C. Sweeney Racial Subordination in Latin America The Role of the State, Customary Law, and the New Civil Rights Response Latin America has long prided itself on its absence of

QUESTIonInG AUThoRITy PRofESSoR ABnER S. GREEnE ASkS WhEThER ThE STATE IS jUSTIfIED In DEmAnDInG GEnERAL oBEDIEnCE To LAW. T he United States is a liberal democracy with a constitution, judicial rev

FALL 2012 For dham L aw y er 13


More accommodation wouldnt lead to anarchy or chaos, he says. It would actually help foster independent thinking and reduce the rigidity thats sometimes prevalent in law. Conversely, Greene says that

The Law of the Land F rom the housing crisis to the quandary of intellectual property during the Internet age, legal issues in the wideranging field of property stand as among the most complex and rel

Joseph Singer, Bussey Professor of Law at Harvard Law School and a veteran attendee of Property Works in Progress, describes the gathering as a crucial forum for interaction among property law scholar

Left to right Larissa Katz, Daphna LewinsohnZamir, and Nestor Davidson Left to right Avihay Dorfman, Hanoch Dagan, Abraham Bell, and Stewart Sterk Rashmi DyalChand and Daniel Kelly and Urban Develop

Left to right Adam Mossoff, John Infranca, and Joseph Singer Left to right Thomas Merrill, Henry Smith, and Bernadette Atuahene Molly Van Houweling Left to right Amnon Lehavi, Daniel Fitzpatrick, an

Patty Brown Ch ristens on the Path ff en O eat B While many law students choose the familiar summer associate route after spring classes let out, others opt for international legal experiences acro

with the generous support of the Leitner Center, we were able to expand the internship program into a fullfledged summer program to accommodate up to 30 students in both academic courses and internshi

Lately, the program has been crossoffering its courses with Korean students from its host institution, Sungkyunkwan University Law School located in downtown Seoul, and has had about 50 Korean student

Lin Ruan 14 also recently returned from Belfast. Ruan who knew of the international program before applying to Fordhamwas motivated to take advantage of the Schools summer program for a number of reas

Big PLANS 24 For dham L aw y er FALL 2012 Illustration by Steve Moors

The Fordham Law Alumni Association approves a historic strategic plan. A round 1948, James B.M. McNally 20, Presiding Judge of the New York State Appellate Division, First Department, devised a bril

Big g MeMbership Governance enGaGeMent Substantially increase membership and provide increased value to duespaying members. Continue to diversify the FLAA Board so that all members feel welcome and va

OALS Each of the six key priorities of Fordham Law Rising contains distinct strategic objectives. DevelopMent Create greater visibility for the financial needs of the Law School and encourage both s

EVENING PROGRAM CELEBRATING FORDHAM LAW As Fordham Laws topranked evening program turns 100, some of its most dedicated advocates reminisce about its past. F ordham Law School opened its doors in

professional experiences. This dialogue made the atmosphere of the evening program vibrant, rewarding, and exciting. These diligent evening students ultimately graduated to become distinguished alumni

in 1963, and in 1966 he was awarded the Universitys Bene Merenti medal in appreciation of his 20 years of service on the law faculty. Manning, who joined the faculty in 1948 and whose area of expertis

full time, going to class, finding time to study on the train or late at night and some of my classmates had a long commute and young families on top of it all. But we knew we were all in it together.

Fordham Features Army Strong Colby Horowitz 14 heeds the call of military and legal duty. family had any serious relationship with the military, except for my grandfathers during World War II, when

Rules of Engagement could have lifeordeath implications for soldiers, he says. Horowitzs passion for law and debatehe was an AllAmerican and Academic AllAmerican policy debater at West Pointis insepar

Fordham Features All Positions filled Yun Choe 15 has already mastered science. Now she excels in the law. In 1987, Choe moved to the United States to pursue a Ph.D. in chemistry at Rutgers. She rec

Im glad I made certain contributions to the field, she says about her years in research and development. But now she was ready to take on a new challenge. She became increasingly interested in the leg

Fordham Features Legally, and morally, Binding Agreements Professor Aditi Bagchis research explores the full spectrum of contract law. T he words contracts and passion may sound antithetical to mos

undertakes to prioritize the interests of the other person within some context, and the burden of her promise adjusts to new facts. Private promises do not serve their relational purpose when backed b

Fordham Features most honorable Six Fordham Law alumnae describe their experiences serving in federal courts. In 1918, by way of an advertisement in the New York Times, Fordham Law publicly opened it

that no matter whether you are a lawyer or a judge you must be well prepared, considerate, and respectful toward others. Judge Cecchi, whose maiden name is Chadirjian, met her husband, James Cecchi 89

hon. marian Blank horn 69 Judge Horn, who received the Deans Medal of Recognition from the Law School in 1995, was appointed by President Ronald Reagan and confirmed by the U.S. Senate as a Judge of t

hon. Loretta A. Preska 73 Judge Preska is the Chief Judge of the U.S. District Court for the Southern District of New York. As Chief Judge, the most challenging part of the job is keeping up with ever

hon. Cathy Seibel 85 Judge Seibel serves on the U.S. District Court for the Southern District of New York. I dont think I appreciated it at the time, but the education I received at Fordham Law School

hon. marilyn h. Patel 63 On September 30, 2012, after 32 years on the bench, Judge Marilyn Patel retired from the U.S. District Court for the Northern District of California. Judge Patel says she didn

NEWS LeitnerCenterReport ViolationsAboundDuring OccupyMovement Fordham Laws Walter Leitner International Human Rights Clinic coauthored a report that details instances of police misconduct during the

Workingwiththe BrazilianJudiciary In June, Fordham Law hosted a delegation of judges and other legal professionals from Brazil as part of the International Judicial Research and Training Program run b

Patents ASmartphoneIdea The Center on Law and Information Policy CLIP at Fordham Law received a grant from the World Intellectual Property Organization WIPO to research and report on the acquisition a

NewLectureSerieson LawandEconomics NERA Economic Consulting has established the Fred Dunbar Memorial Lecture in Law and Economics at Fordham Law. The series is named for longtime NERA securities exper

TheDemiseofBinLaden,theFutureof TerrorProsecution,andGovernmentSecrets In a QA with NBC Chief Foreign Correspondent Richard Engel, Peter E. Bergen, author of Manhunt The TenYear Search for Bin Laden f

SymposiumExplores SupremeCourtRulingon Obamacare On October 4, the Fordham Law Review invited some of the nations most preeminent scholars to discuss the farreaching implications of the Affordable Car

Class Notes 59 Eugene Souther received the Lifetime Achievement Award at the annual Golden Rams Luncheon on September 14, 2012. He has practiced law since 1959, the same year he began serving as a mem

john fallon has joined Kaye Scholer LLP as a Partner in the firms corporate department. hon. Sherry klein heitler, Judge for Civil Matters, First Judicial District, received the Justice Louis J. Capoz

84 joyce BolandDevito is featured in Princeton Reviews The Best 300 Professors book. BolandDeVito is a tenured professor of business law at St. Johns University College of Professional Studies, where

Legend CorporationThe Rilin Group, a multinational Chinese conglomerate. Judge Holdman also serves on the Executive Advisory Committee of the National Center for Judicial Security based in Washington,

Carl hum has been appointed by the New York City Districting Commission as its Executive Director. Evelyn Lim has joined Chadbourne Parke as Partner in the firms Los Angeles office. Lim previously se

Christine mikail joined the Dendreon Corporation as Executive Vice President, Corporate Development, General Counsel, and Secretary. Robert Scheef has joined McKool Smith as Principal. Scheef was prev

Marriages Births Brian P. Boland 81 married Leigh Wainwright on September 17, 2011, in Manhattan in the Church of St. Catherine of Siena, the same church in which Bolands parents were married 60 year


140 West 62nd Street New York, NY 10023 Constantine N. Gus Katsoris 57 is so legendary at Fordham Law that he has been immortalized on canvas. On May 9, 2012, approximately 150 fans of the beloved pr