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Fordham Lawyer The Magazine of Fordham Law Fall 2013 CLEAR AND CONVINCING EVIDENCE Professor Daniel J. Capra shapes the rules on evidence and criminal procedure in court as de ly as he teaches them i

Deans Letter In a time of nationwide contraction in the law school applicant pool, it might seem counterintuitive to talk about growth. However, I see growth as a central tenet of the coming years at

Fordham Lawyer The Magazine of Fordham Law School 2 8 12 14 Labor Intensive A conversation about labor and employment law The Right to Representation Bruce Green By the Book Clear and Convincing Evid

Q and A Labor Intensive A conversation with four Fordham Law professors about labor and employment law Illustrations by Steve Moors 2 For dham L aw y er F A L L 2 0 1 3

C onsumers can be an exacting bunch, demanding the latest gadget, the trendiest fashion, the cheapest good, the best value. The market reacts to consumer caprice, sometimes in the process treating wo

cases the courts have been willing to overlook the immigration violation for the sake of creating a floor in the workplace. The glaring exception is the Supreme Courts 2002 holding in Hoffman Plastics

the workplace. What I have found to be very interesting is the question of wage transparency. Part of the difficulty for U.S. workers to earn equal wages is that they dont have any information. By con

In April 2013, a garment factory in Bangladesh collapsed, killing over 1,000 workers. What responsibility, if any, do global retailers carry in this tragedy How can the law and or government legislati

Bagchi It is plausible that retailers bear some responsibilityeven if they are not culpablefor the harms made more probable by their terms of trade. But not all moral responsibility translates into le

Ex Libris The Right to Representation Bruce Green Prosecutors are both government officials and trial lawyers. As government officials, they have a duty to seek the sound, impartial development and im

G ideon v. Wainwright 1 makes a compelling story. Charged with breaking into a poolroom to steal coins and cigarettes, Clarence Gideon has to defend himself at trial after the judge denies his reques

While government lawyers undoubtedly see their litigating role as paramount, they also have a responsibility to promote the sound development of the lawa responsibility that grows out of their status

Ex Libris B. Practical Concerns Attorneys general and district attorneys may decline to take defendants side in criminal cases for pragmatic, strategic, or political reasons, some of which may reflect

bY tHE bOOK Nestor Davidson Nicholas Johnson Property Law Rules, Policies, and Practices, Sixth Edition Acclaimed for its textual clarity and socially progressive but evenhanded perspective as well a

Michael W. Martin and Paul Radvany Thane Rosenbaum Trial Practice, Second Edition In this new edition of one of the first trial advocacy books, Trial Practice LexisNexis, Clinical Associate Professo

Clear and ConvInCIng evIdenCe F Professor DANIeL J. CAPRA shapes the rules on evidence and criminal procedure in court as deftly as he teaches them in class. or the better part of an afternoon in 20

productive. Soon after he was appointed by Supreme Court Chief Justice William Rehnquist in 1996, Capra worked on changes to help courts and litigants adjust to the Supreme Courts decision in Daubert

was designed to aid Chinese lawmakers as they continue to develop the rule of law. China has no constitutional protection against unreasonable search and seizure, and officials there are just beginnin

Capital player Professor Catherine Powell returns to Fordham Law after three years of human rights work in the Obama administration. I n spring 2009, Catherine Powell stood outside State Department

Human Rights and the State Department As Powell was settling into her new position, the State Department was reinventing itself. President Obama and Secretary Clinton had made plans to transform the U

A forceful personality was required to manage the demanding workload of the White House staff. Power, Powell says, would liken the experience to an automatic tennis ball machine that feeds out issues

EmpirE statE sErvicE Eleven Fordham Law alumni have been chosen for twoyear public service fellowships at New York state agencies. Even among law students with a passion for public interest, working

fresh ideas, and when you bring them in as a community, it can help all those agencies work together. No matter how you do the math, Fordham is well represented in the initiativethe inaugural Excelsio

lisa vasnani 13 Office of Children and Family Services Vasnani opted for law school after working for a St. Louis nonprofit focused on hunger and food policy. I saw systematic failures and personal st

Jessica r. eber 13 Office of Mental Health When she interned with the Mental Hygiene Legal Service, Eber helped represent mentally disabled patients in the care of state hospitals. Now, as a fellow wi

penny Zhu 13 The Counsels Office of the New York Department of State Witnessing all types of inequality on childhood summer trips to Asia and later in college when she taught English in China, Zhuthe

Top to bottom Prescott Loveland 15 with schoolboys at Parikrma Humanity Foundation. Fordham Law students with their NLSIU peers. The wedding of Ankur Doshi and Priyanca Doshi, cousin of Fordham Law st

During the past academic year, Professor Clare Huntington and her students traveled to India to compare family law issues in that country with those in the United States. Following is her travelogue.

We listened, spellbound, as they described their work with sex workers on the streets of Bangalore and revealed their deep skepticism about the law. One leader said, Please dont mistake the law for r

watching the morning assembly, which gives the youngest children an opportunity to practice their public speaking skills, our group split up and spent some time in different classrooms, working with t

marK tHEir WOrDs Students in the Fordham IP clinic help clients with patent and trademark issues. 1 fig. 1 Soon after Zach Rome, founder of Woodpecker Laboratories, LLC, began developing a new line o

The Fordham IP Clinic offers a huge resource to small startup businesses that might not have a lot of capital or resources to begin with. Intellectual property and being able to have a patent can real

A Quarter Century of Mastering the Law Fordham Laws LL.M. program celebrates 25 years. launched its Master of Laws program with two specialized programs of study Banking, Corporate Finance Law and In

7 Above, top LL.M. program students, alumni, and administrators in the Edith Guldi Platt Atrium at the 25th anniversary celebration. Above, left LR LL.M. Class of 2010 graduates Massimo Paternoster,

Wo r ld Tou r Fordham Laws international alumni chapters attract many loyal fans. Brazil In March, Fordham Law Dean Michael M. Martin, Assistant Dean for International and NonJ.D. Programs Toni M. Fin

Fordham Features The Art of Legal Entrepreneurship The law has helped Robert Sanchez 14 forge a singular path to creative growth. While some might find the relationship between art, business, and the

Running Crosby Street Gallery convinced Sanchez to attend law school. After curating an exhibition on fashion law and copyright protection and attending classes offered by the Volunteer Lawyers for th

Fordham Features History in the Making Professor Jed Shugerman, an expert in legal history, joins the Fordham Law faculty. On the day Jed Shugerman started as a student at law school, he predicted th

that lawyering matters. History is full of examples of how litigation strategy and hard work produced surprising, socially transformative results, he says. Shugerman is inexorably drawn to historical

Fordham Features The Graceful Businessman From the boardroom to the ballroom, Denny Roja 86 never misses a step. Listen to Denny Roja 86 wax enthusiastic about the rhumba and you might be forgiven fo

This poise would land him several jobs in corporate finance at General Foods in New York. He became Director of Corporate Development in charge of worldwide mergers and acquisitions and is credited wi

News Judge Jack Weinstein Receives FordhamStein Prize On November 20, Hon. Jack B. Weinstein of the U.S. District Court for the Eastern District of New York was awarded the FordhamStein Prize. The nat

Hugh Hansen, IP Maverick Fordham Law Professor Hugh Hansen was named one of the 50 most influential people in intellectual property by Managing IP magazine on July 12. The list comprises leading acade

CLIP Awarded NSF Grant for Online Privacy Research, Launches Privacy Educators Program The National Science Foundation awarded a Frontier grant as part of the NSFs Secure and Trustworthy Cyberspace pr

A Star on the Rise Fordham Law Associate Professor Aditi Bagchi was selected as one of the New York Law Journals 2013 Rising Stars. She is the only law professor among 44 honorees selected from over 2

A Semester of Distinguished Visitors Every semester, Fordham Law attracts its share of distinguished guests and visitors who give lectures, speak in classes, participate on panels, and educate both st

Three Fordham Law Alumni Among Honorees at Feerick Center Reception The Feerick Center for Social Justice welcomed nearly 200 benefactors to its annual Awards and Benefit Reception on October 7 at the

Class Notes 60 Hon. Geraldine Ferraro will be honored posthumously when P.S. 290, currently in operation as I.S. 73 in Maspeth, New York, is renamed for her. The building will open at the corner of Me

Jim Maloney, Of Counsel at Akerman Senterfitt, has joined the expansion of the firms Litigation Practice Group. Maloney brings more than 40 years of trial experience to Akerman, representing clients a

84 30TH REUNION 86 Peter J. Biging has joined Goldberg Segalla LLP as Partner in the firms New York office. Biging is a former Vice Chair of the Professional Liability Practice at Lewis Brisbois. He

88 Noreen Weiss Adler has joined Barton as a Partner in the Corporate, Finance, and International Transactions Practice. She most recently practiced at her own firm, Noreen Weiss Adler PLLC. Michael P

F T Save the Date L R ,A , G Michael S. Cryan, currently a Partner in Arent Foxs New York office, has relocated to the West Coast to open the firms new office in San Francisco. eleven Great Years,

Anastasia Danias, Vice President of Legal Affairs for the National Football League, was featured in a QA with Marie Claire magazine on January 10, 2013, titled The Best Defense in Football. Kathleen T

05 Debra Kobrin Levy was promoted to Of Counsel at Vandenberg Feliu, LLP. Previously an Associate with the firm, Kobrin Levys work focuses on labor and employment law and complex commercial litigatio

Kush Shukla was named to the Lawyers of Colors Inaugural Hot List Eastern Region. Marcia N. Topiwala has joined Bass Berry Sims in the firms Corporate and Securities Practice from the Nashville offic

In Memoriam Hon. Joseph M. McLaughlin 59 Hon. Joseph M. McLaughlin 59, seventh dean of Fordham Law School, died on August 8, 2013. He was 80. Judge McLaughlin will be remembered at Fordham for his s

Marriages Births Alyssa Beaver 11 and Daniel James Gomez II married in Larchmont, New York, May 5, 2013. Beaver was a law clerk to Judge John F. Keenan 54 in U.S. District Court for the Southern Dist

Help make it a trifecta How Gifts to the Annual Fund Supported the Law School in FY13 FINANCIAL AID 39 STUDENT SUPPORT 26 CENTERS INSTITUTES 29 FACULTY RESOURCES 6 3 Priorities New Law School

140 West 62nd Street New York, NY 10023 Save th e date Dedication of the Fordham University School of Law Thursday, September 18, 2014 Noon5 p.m., Open House Tours 5 p.m., Dedication Ribbon Cuttin