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Fordham Lawyer The Magazine of Fordham Law School Spring 2012 RETHINKING TORT LAW Professor Benjamin Zipurskys civil recourse theory moves to a leading position in American tort theory. PAGE 12 Fiv

Deans Letter If you have been following the medias coverage of legal education in the past few months, you know the news has not been particularly encouraging. From feature articles in major publicati

Fordham Lawyer The Magazine of Fordham Law School 2 6 10 12 to Protect and Serve the Consumer Fighting for consumer rights at Fordham Law A conversation Ex Libris aaron Saiger Obama and His Czars By t

Q and A To Protect and Serve the Consumer Fighting for consumer rights at Fordham Law A conversation 2 For dham L aw y er spring 2012

L awyers play a major role within our financial system, drafting regulation to rein in financial institutions, interpreting those regulations, and representing clients who face financial trouble. For

Just 1 of defendants had representation. Many were not properly notified that a case had been filed, which resulted in thousands of default judgments that appear on credit reports and affect the abili

take consumer complaints in a onestop shop, with some dispute resolution. But its still too early to tell with what strength they will come out punching. Marcella Silverman Clinical Associate Profess

Ex Libris Obama and His Czars Aaron Saiger F ordham Law Professor Aaron Saiger is among the countrys most original and sophisticated scholars of administrative law, education law, and public policy.

Administrator of the EPA. He simultaneously appointed Carol Browner, who had served as EPA Administrator in the Clinton administration and was more senior, more experienced, and better known than Jack

abhorred by scholars of the presidency when normative political science was more in fashion. And past Presidents have missed expertise and distrusted loyalty. Obamas domestic policy czars, then, can b

Ex Libris is part of the law whose faithful execution the President is to assure.9 Unitarians and nonunitarians agree that the President alone and unaided could not execute the laws. He must execute t

bY THE bOOK James Brudney Abner S. Greene Documents Supplement to Cases and Materials on Legislation StatutesandtheCreationof PublicPolicy,FourthEdition Professor James Brudney understands how comple

Nicholas Johnson Michael M. Martin and Daniel J. Capra Firearms Law and the Second Amendment Regulation,Rights,andPolicy Few constitutional issues are more hotly debated than the Second Amendment, a

Rethinking toRt Law Professor BENJAmIN ZIPURSky S civil recourse theory moves to a leading position in American tort theory. I n 1998, Benjamin C. Zipurskythen an ambitious yet littleknown academic

spring 2012 For dham L aw y er 13

to obtain some sort of redress against the injurers, Zipursky says. Thus, he shifts the focus to the plaintiff the plaintiff s rights to seek recoursenot the defendants duty to pay lies at the center

In Demand Yale law professor Jules Coleman describes civil recourse theory as the most important intervention in contemporary theory of tort law since corrective justice theory which he is widely cred

Five Star C Searching for the next big issue in legal scholarship Look no further than the Fordham Law Review. onsider the sheer tonnage of annual law review publications in the United States more th

He noted recent examples of the Reviews usefulness to courts Statutory Interpretation of Federal Jurisdictional Statutes Jurisdiction of the Private Right of Action Under the TCPA by Fabian D. Gonell

I wasnt trying to write something esoteric. I was trying to make a difference. John D. Feerick 58 ment as he was taking up the subject of presidential succession One of my Skadden colleagues said, Th

either theory of concert or of alternate liability is stretched beyond its current limits. ... A third theory involving aspects of both is advocated. ... The DES cases are only the tip of the iceberg.

Supremely JuStified mere navelgazing and of little use to understanding everyday law. ... Scholars respond that judges and attorneys too simply shoo away important new ideas that tie law to related i

Professors who prefer peerreviewed articles have begun their own journals, which now exist happily alongside the law reviews, says Zipursky. Student editors of the Fordham Law Review, who typically se

GettinG Real Practice makes perfect in the Law Schools Clinical Legal Education program. 22 For dham L aw yer y er f a lr li n2g0 121 0 1 2 sp

spring 2012 For dham L aw y er 23

it was an ominous precedent that endangered consumer rights throughout the state of New York When a Brooklyn resident sued a car dealership and bank for pulling him into a refinancing scheme, the tri

Field placement externships Simulation the Fundamental Lawyering Skills course Real legal matters inhouse clinics Each year, as many as 200 students complete externships at the end of their first s

Real World, Real People ith the skills and experience theyve gathered in Fundamental Lawyering Skills and externships, students who enroll in the clinics have the opportunity to immerse themselves in

Unfortunately, too many immigration law practitioners are unable to devote enough time to each and every one of their clients, and when judges see students who have worked 12 hours a week on one case,

Be iji n g Sh an gh ai Se ou l on march 10, 2012, I returned to Asiafor the first time in 55 years. I Seoul was born in Hong kong but left with my family for the United States in 1956 when

From WEST EAST to a travelogue by Judge d enny c hin 78 I was surprised from the outset. China is very much a modern, businessdriven society. Upon our arrival in Beijing, as we walked through the air

about the Madoff case and sentencing. I was also asked about controversial amendments to the Chinese Criminal Procedure Law being considered by the National Peoples Congress While suspects would get m

Addressing Access to Justice in China While Judge Chin met with Chinese law students, faculty, and other legal professionals to speak about judicial independence, Chinese politicians were holding thei

Hong Kong Satu r d ay, Mar ch 17 iStockphoto.comsamxmeg We arrived in Hong kong in the morning. After we dropped our bags at the hotel, Tom, Toni, kathy, and I had noodles at a nearby restaurant bef

FLAA in Asia The ties that bind alumni to Fordham Law School and to each other transcend national borders. This international connection was proven with the March 2012 launch of the first four Asia ch

Fordham Features En Pointe From the ballet barre to the bar exam, Veronica Dunlap 14 glissades from one opportunity to the next. A sk most girls what they want to be when they grow up, and theyll g

When she wasnt dancing, Dunlap was busy pursuing other, more direct routes to the J.D. She earned a B.A. in international affairs from George Washington University, studied abroad in Moscow in 2007, a

Fordham Features Gun Rights and Civil Rights Professor Nicholas Johnson explores the Second Amendment from new angles. F ordham Law Professor Nicholas Johnson is not the sort of person you probably

The gun question fuels powerful visceral reactions, Johnson explains. In the gun rights debate, especially, it is important that the conversation reflect as much information as possible, and not be ov

his work may in fact influence policy. Indeed Professor Johnson is widely regarded as an expert on gun rightsto such an extent that his testimony has been sought by the U.S. House of Representatives a

The Courts Bite the Bullet W hile rhetorical shots about gun rights are continuously volleyed in the public sphere, our court system has been much more hesitant to take aim at the Second Amendment.

Fordham Features Yes They Can For two Fordham alumni, working in the Obama administration is the job of a lifetime. turn to the environment. In this field you have an opportunity to work on environm

for environmental policy development and program implementation with what she calls sovereign nations inside and outside the United States. On the tribal side, an Obama executive order has allowed her

News AnythingbutDerivative BringingBackground CheckstotheForeground Associate Professor kimani PaulEmile was awarded a 75,000 grant from the Robert Wood Johnson Foundation, the nations leading philant

ForumHostsTwo PoliticalSuperstars Former New York City Mayor Ed koch joined Forum on Law, Culture Society Director Thane Rosenbaum on January 19, 2012, to revisit his mayoral legacy. koch confessed h

AlumniStarsAlign In February, the Law School held its inaugural Rising Star Awards to recognize extraordinary achievement by alumni who have graduated within the past 15 years. Three young alumni were

HisFamilyMeansBusiness Attendees at the 18th Annual Corporate Counsel Dinner learned that the recipient of the Richard J. Bennett Memorial Award, Don Urgo 62, is a leader in big business. They also fo

DistinguishedLectures,VeryDistinguishedLecturers The spring semester brought a host of special guests to the Law School to deliver a series of distinguished lectures. kate ORegan, former Justice of th

LeitnerCenterHonorsCambodian MentalHealthOrganization At a celebratory dinner on March 5, the Leitner Center for International Law and Justice awarded its Annual Human Rights Prize to the Transcultura

Class Notes 53 John DAngelo retired after serving 33 years as Judge of the Municipal Court of kinnelon, New Jersey. 65 William J. Corbett was featured in a Floral Park Dispatch New York article enti

72 Ronny Greenwald Siegal presently sits as a Superior Court Judge in the Family Part, Bergen County, New Jersey. Andrew Tananbaum, Executive Chairman of Capital Business Credit LLC, authored an artic

William P. Harrington, Partner at Bleakley Platt Schmidt LLP, has become the new Chairman of the Westchester County Association. Kathyrn Keneally was confirmed by the U.S. Senate to be Assistant Atto

91 Nick Katsoris recently had his book Loukoumis Celebrity Cookbook named as one of Scholastic Parent Child magazines Best New Parenting Books. Anthony McGinty has been named by the New York State Fa

David L. Scher is Principal at The Employment Law Group. In December 2011, Lawyer Monthly named the firm as its 2011 Labor and Employment Law Firm of the Year. The firm received the award after an ext

Edgar De Leon cohosted a FindLaw webcast for attorneys who want to capitalize on social media tools such as Facebook, LinkedIn, and Twitter to broaden their reach and generate visibility and new busin

Wanda Sanchez Day and the Queens firm Ali Bains PC were named Law Firm of the Year on December 4, 2011, by Colombia USA, a civil organization composed of Latino professionals. Thomas McGovern has bee

Julia Klein has joined Murtha Cullina LLP as an Associate in the Stamford, Connecticut, firms business and finance department, working primarily in that departments real estate practice group. Prior t

Fordham Lawyer marriages Births Michelle Fumai Abola 03 and her husband, Ramon Abola, welcomed their first child, Benjamin Carlos, on October 2, 2010. Patricia Angley 87 and her husband, Jim Angley,

TOP 10 REASONS TO GIVE TO THE FORDHAM LAW FUND YOU WANT TO SUPPORT THE WORK OF THE CLINICS, CENTERS, AND INSTITUTES that broaden the educational opportunities available to Fordham Law students. YOU L

140 West 62nd Street New York, NY 10023 Two of the nations most eminent female judges, former Supreme Court Associate Justice Sandra Day OConnor top right and former Chief Judge of the New York Court