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Fordham Lawyer The Magazine of Fordham Law School Spring 2014 THE POWER TO CHANGE Professor Deborah W. Dennos interdisciplinary approach to criminal law yields groundbreaking results. PAGE 12 The A

Deans Letter After a particularly disagreeable winterwith more than our tolerable share of snow days, cancellations, and postponementswe exalt the blossoming of a new season. Spring is a time of expec

Fordham Lawyer The Magazine of Fordham Law School 2 6 10 12 Comparison and Context A conversation about comparative law the mythology of the Payroll tax Linda Sugin by the book the Power to Change Pr

Q and A Comparison and Context A conversation with five Fordham Law professors about comparative law Illustrations by Steve Moors 2 For dham L aw y er S p r i n g 2 0 1 4

E ngaging in meaningful legal work in these global times requires an understanding of not just the law of the land but also the law of multiple lands. To discuss how the field of comparative law is

Sheila Foster Vice Dean, Albert A. Walsh Professor of Real Estate, Land Use, and Property Law, and CoDirector of the Stein Center for Law Ethics Does this new approach require new ways to gather dat

Hernandez You need to talk to people who dont normally have a voice in the public discourse to see how a law affects them. What they think about the aspirations or possibilities of law are very distin

Ex Libris The Mythology of the Payroll Tax Linda Sugin As the 2012 fiscal cliff approached, President Obama and Congress quarreled over the top marginal income tax ratea rate that would apply to only

itt Romneys assurance that he paid at least 14 of his income in taxes, and Warren Buffetts assertion that his secretary paid a higher average rate of tax than he did, taught many Americans that the su

Work is an integral aspect of an individuals selfconception, and the tax system must acknowledge the special role of labor in contributing to personal autonomy. Labor income commands a persons unique,

Ex Libris National priorities do not automatically become vulnerable without a dedicated revenue stream connected to them. It is time to accept the permanence of Social Security so we can have a more

bY THE book Online extra View the 20122013 faculty bibliography at ir.lawnet.fordham.edufacbib John D. Feerick The TwentyFifth Amendment Its Complete History and Applications, Third Edition In the

Clare Huntington Failure to Flourish How Law Undermines Family Relationships Strong, stable, positive relationships are essential for both individuals and society to flourish, but from transportation

THE PoWEr To CHANGE Professor Deborah W. Dennos interdisciplinary approach to criminal law yields groundbreaking results. In 2007, the National Law Journal asked its readers to nominate women lawyers

Law Review that analyzed lethal injection under the Eighth Amendment as well as other legal doctrines. Denno also testified as an expert witness in Texas that same year in one of the first evidentiary

articles arguments with numerous journalists. For example, Adam Liptak, the Supreme Court reporter for the New York Times, cited Dennos article in his March 2014 Sidebar column while analyzing what he

Law, Denno directed one of the countrys largest longitudinal studies of biological and sociological predictors of crime. The results of this study became the basis for one of her earliest books, Biolo

Prosecutors, meanwhile, are concerned that defense lawyers may exploit the dense language of neuroscience to confuse jurors and get their clients off the hook. So far, Ive found very few cases to supp

The Art of Law Stephen Clark 90, General Counsel at the J. Paul Getty Museum in Los Angeles 18 For dham L aw y er S p r i n g 2 0 1 4

the Law of Art S FOrDHAM LAW ALuMNI AND STuDeNTS APPrAISe THe vALue OF ArT LAW. ay you buy a chair at a store, a chair you promptly take home and chop up with an ax. No big dealits yours, so whos t

THe STAkeS Are HIgHer THAN ever IN THe ArT WOrLD. IN THIS eNvIrONMeNT, NATurALLy yOure gOINg TO NeeD MOre LAWyerS. STeveN SCHINDLer 85 of lawsuits. If Washington doesnt address the problem now, Dowd

Culture as Commodity Stephen Clark 90, General Counsel at the J. Paul Getty Museum in Los Angeles, says that while museums face few claims about stolen art in their collections, any such claims requir

Sarmiento. It says you cant destroy art without the artists consent, even if youve paid for it. Sarmiento understands firsthand how meaningful this kind of protection can be to an artist a sculptor hi

A lot of artists wont just call on you for one thing, says Sarmiento. They want to know their First Amendment rights, the legalities of shipping their work to another country, property questions about

The collision of IP and technology has been a focus of Fordhams SamuelsonGlushko Intellectual Property and Information Law Clinic in recent years. Clinic students, who help real clients with IP matter

Law Program. Hosted by Fordham, the program brings together artists, writers, curators, legal scholars, and other professionals to explore the theoretical and philosophical depths of the field. As a

NO MANS LAND Professors Martha Rayner and James A. Cohen represent clients indefinitely detained at Guantnamo Bay. 26 For dham L aw y er S p r i n g 2 0 1 4

S pirited off to secret prisons in the United Arab Emirates and Afghanistan more than 11 years ago, then subjected to torture by the United States, a Yemeni husband and father of four remains impriso

There was such an overwhelming level of security. There was a sense of dislocation, as there was zero ability to impact what was going on. The sense of absolute power and absence of law was really chi

The client has no ability to appreciate the possibility that a lawyer might be able to do some good for them. The majority of people in the United States understand the basic function of a lawyer, and

Moore AdvocAteS More victorieS The Brendan Moore Trial Advocates prove their mettle in mock trial competitions around the country. What could be the makings of an intense civil suit was actually the

Trial Advocacy Competition, where the fourmember Fordham team defeated Harvard in the final round. Last fall, the same team of Moores won the Puerto Rico Trial Advocacy Competition, and team member Sa

Fordham Features PaulEmile is no stranger to accolades. Last year, she was selected by the Greenwall Foundation to receive a Faculty Scholar Award in Bioethicsan award that enables outstanding junior

crimes, minor infractions, and noncriminal offenses, such as loitering and curfew violations, drunkenness, vagrancy, and disorderly conduct, said PaulEmile. These arrests many of which are linked to a

Fordham Features World Communicator From Brooklyn to Beijing, Leeanne Cunningham 16 dismantles cultural barriers. This summer, Fordham Law student Leeanne Cunningham 16 will travel to the West Africa

revolts in Poland and Hungary. She was granted a Phillips Fellowship to conduct research on and document the present state of quilombos, communities in Brazil founded by formerly enslaved Africans. Du

Fordham Features From Queens, a DealMaking king Susheel Kirpalani 94 rules the demesne of bankruptcy litigation. Twentythree years ago, Susheel Kirpalani 94 entered Fordham Law nervous and unsure of

cases in U.S. history. Bankruptcy law turned out to be a good fit for me, he says. There is a lot of judgemade law in bankruptcy cases. Kirpalanis experience as an associate and then partner helping o

Fordham Features AllAround Defender Adam Hoffinger 82 can comfortably play both sides of the court. In a legal career spanning three decades, Adam Hoffinger 82 has delved into distinct aspects of the

experience, he set an important goal for himself. I knew from then on that I wanted to do everything I could to get into the U.S. Attorneys Office, he says. After graduating law school and spending th

pHOTO ALBUM From the Ground Up In May 2011, the Fordham community celebrated the groundbreaking for the Universitys new law school and undergraduate residence hall. This fall on September 18, after th

OctOber 2012 JUNe 2013 OctOber 2013 Spring 2014 For dham L aw y er 41

News Legendary Dean Honored at Official Portrait Unveiling John D. Feerick 61, aka St. John the Good, was feted by alumni, faculty, and friends on April 2 at a raucous, standing roomonly ceremony in M

Fordham Law and CBLA Hold Panel on Foreign Corrupt Practices Act On January 29, Fordham Law School and the Chinese Business Lawyers Association jointly hosted a panel titled China and the Foreign Corr

Fordham Law Student Awarded Prestigious Fulbright Grant Daniel Davies 14 has received a Fulbright grant to study international security in the Netherlands. He will begin his studies at VU University A

Moot Court Team Sweeps National Championship In February, the Fordham team won the national championship of the George Washington National Security Law Moot Court Competition, a premier interscholasti

Committee Approves Changes to 1L Curriculum In early January, Fordham Laws Curriculum Committee met to propose changes to the firstyear curriculum. The committee first considered moving Constitutional

Spring WrapUp of Student Journal Symposia, Events On March 7, the Fordham Law Review hosted its spring symposium, Chevron at 30 Looking Back and Looking Forward, commemorating thirty years since Chevr

Law School Faculty Members and Administrator Honored at University Convocation Three Fordham Law professors and one administrator were honored for their extended service to Fordham on Sunday, March 2,

Class Notes 61 john D. Feerick has been named a Living Legend by the New York Law Journal for its 125th Anniversary Edition. He was among 15 Lifetime Achievement Award recipients who were honored for

Michael v. Mitrione has been reappointed to the Northern Palm Beach County Chamber of Commerces 20132014 Executive Committee. He has been a member of the committee since 2007 and cochairs the firms se

87 Ira B. Matetsky has been recognized as a New York Super Lawyer for 20132014. He is currently a Partner at Ganfer Shore LLP. Around the World with the FLAA A number of international Fordham Law Al

AmsterdAm JUne 2728, 2014 Fordham Law european alumni Chapter Cocktails, Academic Program, and Dinner amsterdam Barbara j. Hart has been named Chair of the New York State Bar Associat

Noah Heller was named to Crains New York Business 40 Under 40. ellen Scordino has been named to the Massachusetts Lawyers Weekly 2013 list of Top Women of Law. She is currently a Principal at Fish R

LR Toni JaegerFine, Paul Marks 09, Michael M. Martin, and Thomas H. Lee Peggy j. Farber, a Litigation Associate at Kramer Levin, was honored by the Brooklyn Family Defense Practice for her pro bono w

Alvina Patel has been appointed by the New Jersey Supreme Court as a Child Support Hearing Officer for the Superior Court of New Jersey. Timothy j. Plunkett, an Associate with McKenna Long Aldridge,

13 Samuel Horowitz joined Certilman Balin as an Associate. He will practice in the CoopCondo Practice Group. Tiffany Miaos note in the Fordham Intellectual Property, Media and Entertainment Law Journa

FAQ Fordham Law Annual Fund Questions What do gifts to the Fordham Law Annual Fund do Strengthen financial aid programs. Defray the cost of student tuition and expenses. Underwrite the budget for s

140 West 62nd Street New York, NY 10023 Supreme Court Associate Justice Samuel A. Alito, Jr., served as a final judge for the Fordham Law Moot Court Boards 39th Annual Irving R. Kaufman Memorial Secu