Digital Commons Network^™

1998 Legacy, Benjamin N. Cardozo School Of Law

Yearbooks

No abstract provided.

1998-1999, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

1997 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 12

An Interview with Dean Paul Verkuil, page 16

Peaceful Transitions to Constitutional Democracy: Lessons from the Case of Spain, page 20

“It’s a Black Thang, Ya Don’t Wanna Undertand!” Ten Years On, Critical Race Theory Comes of Age, page 24

From Law Journal Article to the Supreme Court, with Time for Teaching and Motherhood, too, page 28

An excerpt from The Reader, page 31

Alumni News & Notes, page 35

1997 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Michael Eric Herz, Associate Dean for Academic Affairs, Benjamin N. Cardozo School of Law; Herald

William Schwartz, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Presiding:

Norman Lamm, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, The Jewish Center, New York City

Invocation:

Rabbi Mark Wildes, Class of 1993, Assistant Rabbi, Congregation Kehilath Jeshurun

Welcome:

Paul R. Verkuil, Dean, Benjamin N Cardozo School of Law

Commencement Address:

Jerome J. Shestack, President-Elect of the American Bar Association

Remarks:

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Karel L. …

1997 Cardozo Life (Spring), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 9

An Interview with Shlomo Avineri on the Middle East Peace Process, page 12

The Heyman Center: At the Confluence of Business and Law, page 17

Preventive Corporate Lawyering: Averting Accounting Scandals, page 22

New York, New York, page 26

Training Lawyers in the Academy, page 29

Alumni News & Notes, page 34

1997 Legacy, Benjamin N. Cardozo School Of Law

Yearbooks

No abstract provided.

Gender Equity In Athletics: The New Battleground Of Interscholastic Sports, Ray Yasser, Samuel J. Schiller

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Game Theory And Nonrefundable Retainers: A Response To Professors Croson And Mnookin, Lester Brickman, Lawrence A. Cunningham

Articles

In the inaugural issue of the Harvard Negotiation Law Review, Professors David Croson and Robert Mnookin attempt a game-theoretic defense of the nonrefundable retainer. A nonrefundable retainer is an attorney fee arrangement that requires a client to pay her lawyer a specified dollar amount in advance and entitles the lawyer to keep the fee even if he does no work. For nearly a decade, we have argued that nonrefundable retainers are unethical as a matter of professional responsibility and unenforceable as a matter of law. In the last few years, numerous courts have evaluated the enforceability of these agreements, choosing …

The Cultural Exception: Does It Exist In Gatt And Gats Frameworks? How Does It Affect Or Is It Affected By The Agreement On Trips?, Sandrine Cahn, Daniel Schimmel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Ensuring Meaningful Jailhouse Legal Assistance: The Need For A Jailhouse Lawyer-Inmate Privilege, Julie B. Nobel

Cardozo Law Review

Imagine Jeff, a state prison inmate who is serving a twentyfive year sentence for armed robbery. During this time, he is ordered to appear before a prison disciplinary committee to face charges that he murdered another prisoner during a riot. Although Jeff is entitled to present his defense at this disciplinary hearing, he finds it difficult to prepare his case adequately because he does not know how to read or write. Since he cannot afford an attorney, Jeff seeks the help of a fellow inmate who has a reputation for being skilled in the law. This "jailhouse lawyer" counsels Jeff …

1996 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 10

An Interview with Marci Hamilton, page 14

Custom, Currency, and Copyright: Aboriginal Art and the $10 Note, page 19

Cardozo at 20, page 23

Tort Reform: A Way to Protect Customers, page 28

Alumni News & Notes, page 30

Aba Regulation Of Contingency Fees: Money Talks, Ethics Walks, Lester Brickman

Articles

No abstract provided.

1996 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs; Herald

William Schwartz, Vice President for Academic Affairs; Chief Marshal

Presiding:

Norman Lamm, President

National Anthem:

Cantor Ira W. Heller, The Jewish Center, New York City

Invocation:

Rabbi Judah Prero, Class of 1996

Welcome and Commencement Address:

Frank J. Macchiarola, Dean, Benjamin N. Cardozo School of Law

Remarks:

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Karel L. Turner, Class of 1987

Student Remarks:

Shai Y. Waisman, Class of 1996

Awards and Honors:

Dean Macchiarola

Conferring of Juris Doctor Degrees:

Dean …

Legal Ethics And Fugitive Slaves: The Anthony Burns Case, Judge Loring, And Abolitionist Attorneys, Paul Finkelman

Cardozo Law Review

Judges and lawyers seek to enforce and uphold the "law" while also proclaiming an interest in an abstraction we call "justice." As we know, there is often a tension between the two. Consequently, serving the law often means not serving justice. Similarly, often a tension exists between a lawyer's duty both to seek a legal remedy to a problem and to act in the best interests of a client. Activist lawyers can have an agenda that is at odds with members of the class they claim to serve. These two problems are complicated by a third. Lawyers and judges have …

1996 Cardozo Life (Spring), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 10

An Interview with Barry Scheck: On cameras, judges, & O.J., page 14

Prosecutor Practicum Melds Theory and Practice, page 18

An excerpt from The Day the Presses Stopped, page 20

Cardozo in Jerusalem, page 30

Alumni News & Notes, page 32

1996 Legacy, Benjamin N. Cardozo School Of Law

Yearbooks

No abstract provided.

No Leg To Stand On: The General Retainer Exception To The Ban On Nonrefundable Retainers Must Fall, Pamela S. Kunen

Cardozo Law Review

Part I of this Note reviews various attorney-client fee arrangements, with particular attention to forms of retainers. Part II traces the development of the rule banning nonrefundable retainers and of the so-called general retainer exception to this rule. Part III examines the general retainer first in terms of its two conventional but conflicting views-as an ordinary business agreement versus an attorney-client contract-and then pursues a deeper historical and descriptive examination of the device than is reflected in either conventional view. Because that examination leads to the conclusion that general retainers are attorney-client agreements, part IV scrutinizes them as such and …

1996-1997, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford

Cardozo Journal of Equal Rights & Social Justice

The article argues that mandatory pediatric HIV testing, counseling, and treatment are essential to address a public health emergency, overriding constitutional concerns. The author, Colin Crawford, asserts that early detection and treatment significantly improve the lives of HIV-positive children, making it a compelling state interest that should take precedence over privacy and autonomy concerns.

Nonrefundable Retainers: A Response To Critics Of The Absolute Ban, Lester Brickman, Lawrence A. Cunningham

Articles

In the short span of time since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. The alacrity with which the New York rule is being embraced may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Not only has there been a sharp decline …

An Eu Lawyer's Right To Practice Throughout The European Union, Diane M. Venezia

Cardozo Journal of International and Comparative Law

The note examines the progress and challenges in integrating the legal profession within the European Union, emphasizing the need for further harmonization to achieve a truly unified legal market. While EU law, including the EEC Treaty and subsequent directives, has established the right of lawyers to practice across Member States, significant barriers remain due to nationalistic attitudes and inadequate integration measures. The analysis highlights the importance of moving beyond mutual recognition toward a more proactive approach to integration, drawing parallels with the U.S. model and advocating for structural reforms to ensure the free movement of legal services.

1995 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs; Herald

William Schwartz, Vice President for Academic Affairs; Chief Marshal

Presiding:

Norman Lamm, President

The National Anthem:

Cantor Eliezer Kepecs, Kingsway Jewish Center, Brooklyn, New York

Invocation:

Rabbi Basiil Herring, The Jewish Center of Atlantic Beach, Atlantic Beach, New York

Welcome:

Frank J. Macchiarola, Dean

Commencement Address:

Hon. Guido Calabresi, Judge, US Court of Appeals, Second Circuit

Remarks:

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Karel L. Turner, Class of 1987

Student Remarks:

Anita Linda Miller, Class of 1994

Awards …

1995 Legacy, Benjamin N. Cardozo School Of Law

Yearbooks

No abstract provided.

1995-1996, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean

Cardozo Journal of Equal Rights & Social Justice

The article examines the shift in the role of law in divorce proceedings in the U.K., arguing that divorce is increasingly moving away from legal advocacy and toward administrative and managerial processes. This transformation raises critical questions about the implications for women, particularly regarding their access to justice, financial rights, and the role of legal professionals. The article highlights the growing influence of Alternative Dispute Resolution (ADR) and the Child Support Agency (CSA), which are reshaping how divorce, child support, and property disputes are handled, often reducing the involvement of courts and lawyers.

1994 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Cardozo Group Admitted to Supreme Court Practice, page 1

Faculty News, page 2

Professor Vogelman Moves to the Public Defender's Office, page 2

University Names New Director of Public Relations, page 2

Copyright in the Twenty-first Century, page 2

Bet Tzedek Wins Public Housing Discrimination Class-Action Suit, page 3

Cardozo International Institutes in Israel, page 3

Commencement '94, page 3

It Was a Wonderful Party!, page 4

The Center for Professional Development, pages 5-7

Summer Institute for Placement and Career Development, page 8

Why Hire Student Interns?, page 8

Phonathon, page 9

Computer Conference, page 9

Alumni …

Living With The Ban On Nonrefundable Retainers: Cooperman's Scope, Meaning And Consequences, Lester Brickman, Lawrence A. Cunningham

Articles

No abstract provided.

Pushing The Law To Encompass The Reality Of Our Families: Protecting Lesbian And Gay Families From Eviction From Their Homes - Braschi'S Functional Definition Of Family And Beyond, Paris R. Baldacci

Articles

No abstract provided.

1994 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs; Herald

William Schwartz, Vice President for Academic Affairs; Chief Marshal

Presiding:

Norman Lamm, President

Israel Miller, Senior Vice President

The National Anthem:

Cantor Ira W. Heller, The Jewish Center, New York City

Invocation:

Rabbi Louis Bernstein, Young Israel of Windsor Park, Bayside, New York

Welcome:

Frank J. Macchiarola, Dean

Commencement Address:

Hon. Robert T. Johnson, Bronx County District Attorney, New York City

Remarks:

Dr. Miller

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Joan Ehrlich-White, Class of 1987

Student Remarks:

Michael …

The Priority Of Postpetition Retainers, Carve-Outs, And Interim Compensation Under The Bankruptcy Code, Criag B. Cooper

Cardozo Law Review

Although attorneys are specifically granted an administrative expense priority pursuant to section 507(a)(1) of the Bankruptcy Code ("Code"), other creditors might have even higher priorities. Three such examples come to mind. First, if a secured creditor has been promised adequate protection of its collateral which subsequently fails, the secured party is given a higher priority under section 507(b). Second, a debtor-in-possession ("DIP") under the authority of section 364(c)(1) may grant to a postpetition lender a higher priority than the one provided in section 507(a)(1). Third, if a Chapter 11 case is converted to Chapter 7 the fate of 90 percent …