Cardozo Life 2008 - Faculty Briefs

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De Grazia Named Professor Emeritus

Spring Visitors

Hamilton Advocates Legislation to Aid Sexual Abuse Victims

Tax Clinic Director Has Impact on IRS



Panels and Papers

De Grazia Named Professor Emeritus 

Edward De Grazia Dean David Rudenstine announced that Prof. Edward de Grazia, a founding member of the Cardozo faculty, who retired in 2006, has been named professor of law emeritus by Yeshiva University President Richard Joel. “Throughout his years at Cardozo, Ed de Grazia was a thoughtful teacher, productive scholar, and passionate advocate of freedom of speech,” said Dean Rudenstine. “He used his rare intelligence to participate in groundbreaking litigation, write exceptional books, and influence public policy over many decades.”

De Grazia, a specialist in human rights litigation, has been a professor, a political activist, and an avant garde playwright. Nationally known for his work, de Grazia has been called by his colleague Monroe Price “the exemplar of a public interest scholarlawyer: not only a teacher, but one who fought in the courts for principles in which he believed, a user of both the pen and the sword.”

De Grazia’s Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius, published in 1993 and called by Publishers Weekly “a tour de force of literary/legal sleuthing,” is a comprehensive history of literary censorship. De Grazia is also the author of Censorship Landmarks and Banned Films: Movies, Censors, and the First Amendment (with R. Newman). Among his plays, which he continues to write, are The Americans, an anti-Vietnam War play performed at La Mama Experimental Theater, and The Swings, performed at the Gene Frankel workshop.

During the 1950s and ’60s, de Grazia litigated challenges to the censorship of Henry Miller’s Tropic of Cancer, William Burroughs’s Naked Lunch, and the Swedish film I Am Curious–Yellow, among others. His relationships with Allen Ginsburg, Norman Mailer, and Grove Press publisher Barney Rosset are chronicled in an article he wrote for the fall 1998 issue of Cardozo Life.

Shortly before the 1967 antiwar march on Washington, de Grazia led a meeting to raise bail bonds with these and other celebrated artists and writers. Norman Mailer’s article about this period, “Steps of the Pentagon,” published in Harper’s magazine, mentions the role de Grazia played. His students benefited from his experience and scholarship, especially when taking Freedom and Censorship of Literature, Art and Film, a course he taught for years.

Prior to joining the Cardozo faculty, de Grazia was director of Georgetown University’s Program for Pretrial Diversion of Accused Offenders to Community Mental Health Treatment Programs and an associate fellow of the Institute for Policy Studies. He acted as counsel for the Mobilization to End the War in Vietnam and organized Volunteer Lawyers to Defend the Demonstrators at the Pentagon.

De Grazia taught at the law schools of Catholic University of America, University of Connecticut, Georgetown University, and American University. From 1956 to 1959, he served with the Office of the Director General of UNESCO, Paris, and then as a consultant with the US Department of State and US Agency for International Development. After receiving both a B.A. and a J.D. from the University of Chicago, where he was managing editor of the University of Chicago Law Review, he joined Kirkland, Green, Martin, and Ellis and worked in the firm’s Washington, DC office.

Spring Visitors 

Professors from the United States, Europe, and Israel visited Cardozo during spring 2008, teaching basic courses and specialized electives. Some frequently visit the Law School; all enhance the breadth and diversity of Cardozo’s academic offerings and invigorate the campus with fresh ideas.

Robert Bennett, the former dean and currently the Nathaniel L. Nathanson Professor of Law at Northwestern University Law School, is a constitutional law scholar whose recent work has focused on the electoral college. He is a professional arbitrator, and former president of both the American Bar Foundation and the Chicago Council of Lawyers.

Arye Edrie of the University of Tel Aviv Law School visited for the first part of the spring semester as the Meyer Professor under the auspices of the Center for Jewish Law and Contemporary Civilization. In that capacity, he gave a faculty workshop and a public lecture, and taught Jewish Law and the State of Israel: Law and Ideology.

Peter Molnar is from Central European University (CEU) in Budapest, where he is a senior fellow in the Center for Media and Communications Studies and teaches in the department of public policy. A former member of the Hungarian Parliament, he visited on a Fulbright Fellowship, and taught a seminar on comparative free speech law.

Renata Salecl, a regular visitor to Cardozo and an internationally celebrated scholar, is a professor of law at University of Ljubljana in Slovenia and Centennial Professor in the department of law at The London School of Economics. Professor Salecl lectures extensively on topics such as “Anxiety in Arts and Wars,” “Cultural Aspects of Violence,” and “Law and Femininity in Cultural Context.”

Pierre Schlag, the Byron R. White Professor at the University of Colorado Law School, is a widely published scholar of constitutional law and jurisprudence whose work includes two articles on Jacques Derrida in Cardozo Law Review.

Hamilton Advocates Legislation to Aid Sexual Abuse Victims 

Sen. Karen Peterson
of Delaware, Marci Hamilton,
and Assemblywoman Margaret
Markey of New York

(From left) Sen. Karen Peterson of Delaware, Marci Hamilton, and Assemblywoman Margaret Markey of New York

“We have a national crisis,” said Prof. Marci Hamilton as she began a press conference to advocate lifting the statute of limitations in New York State and nationally for child sexual abuse victim lawsuits. According to Hamilton, who has written extensively on the subject, most recently in her new book Justice Denied, one-fifth of all boys and one-quarter of all girls nationally suffer sexual abuse, but only 10 percent of them ever go to the authorities. In most states, statutes of limitations prevent victims from bringing suits when they are adult enough to do so. Recently, several states, including California and Delaware, have raised the age up to which a victim can sue and provide a “window” during which victims of any age can bring a suit.

Joining Professor Hamilton, who called the event at Cardozo part of a national grassroots effort, were Assemblywoman Margaret Markey, who introduced a bill three years ago that would extend the statute of limitations in New York State; Senator Karen Peterson, who spearheaded the legislation adopted in Delaware; and several victims of sexual abuse who have been able to bring suit as a result of recent legislation in California and Delaware.

Calling sexual abuse of children an epidemic, Senator Peterson said, “The victims are hungry for justice … and were too young to know the long-term effects it would have on their lives.”

Assemblywoman Markey said there is an “urgent need to have New York join enlightened states” with window legislation. Markey’s bill would give victims until age 28 to file suit and creates a one-year window during which anyone of any age could do so.

The panelists who had suffered sexual abuse spoke movingly of the legislation’s importance in insuring that those who have been denied justice for too long will get access. Survivor Matt Conaty, who worked to pass the Delaware bill, explained, “These crimes thrive on secrecy so that perpetrators can function for decades.”

Tax Clinic Director Has Impact on IRS 

Carlton Smith Carlton Smith, director of the Tax Clinic, has been an increasingly visible and effective IRS watchdog.

Smith’s first target was the IRS Collection Financial Standards (CFS). These standards set out the dollar amounts for living expenses used by the IRS in calculating the monthly payments that must be made by those owing back taxes. Because rich people spend more on food than poor people, the IRS allowances have varied with income.

“When I first had to work with these Standards for Tax Clinic clients, I was offended that the wealthier were allowed to eat more before paying tax debts,” says Smith. Not only did he find the IRS’s approach offensive, he also thought it was illegal under the Equal Protection Clause and the relevant statutory provision.

In August 2006, he wrote a lengthy letter to the IRS making the legal and policy arguments for use of a single dollar amount for food and clothing for all income levels. The initial response was firmly negative. That rebuff sent Smith in search of a good test case, and he set to work on a letter to Congressman Charles Rangel, Chairman of the House Ways and Means Committee.

In the end, neither the judicial nor the legislative route was necessary. In October 2007, the IRS issued revised Standards that provide a single amount for food and clothing regardless of income level, as Smith had argued it should.

Says Nina Olson, the IRS’s National Taxpayer Advocate, “No one person, inside or outside, effects change in a bureaucracy like the IRS singlehandedly. But Carl helped keep the issue on the agency’s agenda and was instrumental in effecting this change.”

As for Smith, he says he is gratified that “when Donald Trump again owes taxes, he will have to live on the same food allowance as a disabled person getting Social Security or the majority of Americans who make less than $70,000 a year.”

When Donald Trump
again owes taxes,
he will have to live on the
same food allowance
as a disabled person getting
social security. Reforming the CFS has not been Smith’s only battle. He has also triggered a nationwide debate on an administrative ruling that, he says, “would be a disaster for the Tax Court and, particularly, low income individual taxpayers.” Revenue Ruling 2007-51, issued in August 2007, provides that the Service can withhold a taxpayer’s refund and apply it against tax deficiencies from prior years that have been determined in a statutory notice of deficiency.

Smith has objected to IRS attorneys, induced Representative Rangel to pursue the issue with the IRS, and was prominently featured in an article in Tax Notes on this issue. The Service has backed off enforcement of the new ruling, at least for now.


Michel Rosenfeld

Prof. Michel Rosenfeld

Michel Rosenfeld received the Blaise Pascal Research Chair from the Government of L’Ile de France (the Greater Paris region). The Blaise Pascal Chairs are administered by the Ecole Normale Supérieure. Rosenfeld’s research on “Rethinking Constitutionalism in an Era of Globalization and Privatization” is sponsored by the University of Paris I. As part of his duties, he will continue his research and deliver public lectures in the Paris region over the course of two years, including a concluding lecture that is considered “a major event in French academic and scholarly life,” according to the presenting organization. The 50 international scholars who have received this honor since its inception in 1996 include only one other legal scholar. In fall 2007, Rosenfeld co-organized one conference in Paris and another in New York with NYU, through which he continued research on his globalization project begun through Cardozo’s Floersheimer Center for Constitutional Democracy.

“My grand vision is that we are going to look at the law in a way that integrates the local, the national, and the global dimensions,” he said. “Eventually the boundaries between international law and constitutional law may have to be redefined.”

Dan Crane

Prof. Dan Crane

Dan Crane, who has been selected in previous years, was chosen again to participate in the Stanford/Yale Junior Faculty Forum in May 2007 at Stanford Law School. He presented a paper, “Antitrust Antifederalism.” Commentators were Prof. Keith N. Hylton of Boston University School of Law and Prof. Daniel Kessler of Stanford University Graduate School of Business.

Lela Love

Prof. Lela Love

Lela Love, a member of the committee that founded the ABA Lawyer as Problem Solver Award, presented it this year to the Innocence Project and Barry Scheck. The award ceremony was held in San Francisco at a joint function of the ABA Criminal Law and Dispute Resolution Sections.


Monroe Price

Prof. Monroe Price

Monroe Price recently completed three books. He was author of two essays in and coeditor of Owning the Olympics: Narratives of the New China, published by University of Michigan Press, a product of a collaborative research effort of the Center for Global Communication Studies at the Annenberg School, University of Pennsylvania, where he spends part of his time. He is coeditor with Mary Kaldor and others of the 2007/8 Yearbook of Global Civil Society, “Communicative Power and Democracy.” He also edited Broadcasting, Voice and Accountability: A Public Interest Approach to Policy, Law and Regulation, published by the University of Michigan Press, the result of a project with the World Bank Institute.

Ed Zelinsky

Prof. Edward Zelinsky

Ed Zelinsky’s The Origins of the Ownership Society: How the Defined Contribution Paradigm Changed America was published by Oxford University Press in 2007 and was cited twice in a Supreme Court opinion on ERISA.


Paris Baldacci’s article “A Full and Fair Hearing: The Role of the Administrative Law Judge in Assisting the Pro Se Litigant” will be published in a 2008 issue of the Journal of the National Association of Administrative Law Judiciary. “Protecting Gay and Lesbian Families from Eviction from their Homes: The Quest for Equality for Gay and Lesbian Families in Braschi v. Stahl Associates” was published in Texas Wesleyan University Law Review.

Paris Baldacci

Prof. Paris Baldacci

Rabbi J. David Bleich’s paper “A $25,000,000 Funeral,” which he delivered in November 2007 at Bet Midrash de-Berlin in Germany, was published in Tradition. He spoke also in Berlin on “Life or Liberty: The Issue of Personal Autonomy” at Humboldt University and Berliner Studien zum Nudischen Recht, and on “Sale of Organs” at the Organisation der Judischen Arzte und Psychologen.

Malvina Halberstam

Prof. Malvina Halberstam

Malvina Halberstam presented “The U.N. Position in Israel’s Security Fence: A Tragi-Comedy in Three Acts” at a conference, Hijacking Human Rights: The Demonization of Israel by the United Nations, held in New York. Among the other speakers were US Ambassadors John Bolton and Max Kampelman.

Marci Hamilton is spending the year as a visiting professor of public affairs and as Kathleen and Martin Crane Senior Research Fellow at Princeton University’s Program in Law and Public Affairs (LAPA). During the fall semester, she taught a freshman seminar—Law, Religion, and Society—and was a panelist on Mormonism and American Politics. In the spring, she will present a paper on her current work for members of multiple departments as well as people from outside the University. She also participated in the fall in a roundtable of Canadian and American church/state scholars at Drew University, and was a panelist at McGill University’s conference on Pluralism, Politics, and God and at Columbia University Law School’s panel on free exercise sponsored by the American Constitution Society. She has been active in New York, Wisconsin, and elsewhere to eliminate statutes of limitation bars to suits by childhood sexual abuse victims.

Arthur Jacobson

Prof. Arthur Jacobson

At the annual meeting of the American Society for Political and Legal Philosophy (ASPLP) in January 2007, Arthur Jacobson gave a comment on “Leo Strauss and American Conservative Thought and Politics” by Nathan Tarcov, a professor at the University of Chicago. Jacobson’s comment, “What Fascism Teaches Us,” along with Professor Tarcov’s paper, will be published in Nomos, the annual publication of ASPLP, devoted to essays on American conservative thought and politics. It will be edited by Sandy Levinson of the University of Texas Law School.

Eric Pan

Prof. Eric Pan

Eric Pan’s article “A European Solution to the Regulation of Cross-Border Markets” was published in the Brooklyn Journal of Corporate, Financial and Commercial Law. “The New Internationalization of US Securities Regulation: Improving the Prospects for a Trans-Atlantic Marketplace” will be in the April 2008 issue of European Company Law.

In December, he delivered “Why the World No Longer Puts Its Stock in US: US Capital Markets Competitiveness and Regulatory Responses” at Università degli Studi Roma Tre, Rome. In January 2008, he delivered it again at both the Chinese University of Hong Kong and the Asian Institute of International Financial Law at the University of Hong Kong. In November, he spoke on “Creeping Criminalization and Navigating Corporate Liability Standards Across Borders” at The Royal Institute of International Affairs in London and on “The Cross- Border Evolution of Securities Trading” at a roundtable on International Economic Regulatory Authority at Georgetown University Law Center. Earlier in the semester, he spoke at the International Bar Association Annual Meeting in Singapore on “Addressing Extraterritorial Application of Securities Law” and at a roundtable at Vanderbilt Law School, where he addressed “Single Stock Futures and Cross-Border Access for US Investors.”

Dean David Rudenstine moderated a panel at a conference in January at which historians, ethicists, political scientists, and others examined the qualities relevant to public leadership, specifically the US Presidency. The conference, sponsored by Yeshiva University’s Center of Ethics and held at the Center for Jewish History, featured a keynote address by Robert Dallek, one of the foremost historians of the American presidency. Peter Tillers was guest editor of the Oxford University Press special quadruple issue of Law, Probability and Risk on “Graphic and Visual Representations of Evidence and Inference in Legal Settings.” He gave a lecture, “Are There Universal Principles or Forms of Evidential Inference?” at the British Academy in London. At the AALS annual meeting in New York City in January 2008, he had the honor of introducing William L. Twining for the AALS Evidence Section inaugural Wigmore Lifetime Achievement Award.

Ellen Yaroshefsky

Prof. Ellen Yaroshefsky

Ellen Yaroshefsky’s article “Military Lawyering at the Edge of the Rule of Law at Guantanamo: Should Lawyers Be Permitted to Violate the Law” will be published in a symposium issue of the Hofstra Law Review. “State of Washington v. Sherrie Lynn Allery, Victory Despite Conviction” is in Trial Stories, edited by Michael E. Tigar and Angela J. Davis. In October and November 2007, Yaroshefsky delivered several talks, among them “Business and Ethical Implications of Open Source Strategies,” under the auspices of the Practicing Law Institute; “Confidentiality and Conflicts” at Back to Business, held at Proskauer Rose LLP; and “Lawyering and Terrorism Cases” at Legal Dilemmas in a Dangerous World: Law, Terrorism and National Security, at Roger Williams University School of Law.