Seton Hall Law School Fall 2002 Magazine by Seton Hall University School of Law

SETON HALL LAW

LEGAL EDUCATION OPPORTUNITIES INSTITUTE OPENS DOORS

OPPORTUNITIES

f a l l t wo t h o u s a n d a n d t wo vo l . 4 i s s u e 1

N e w s fo r A l u m n i a n d Fr i e n d s o f S e t o n H a l l U n i ve r s i t y S c h o o l o f L aw

Calendar of events

SETON HALL LAW AUTUMN

2002

WINTER

2003

SEPTEMBER 12

JA N U A R Y 3 - 7

Scranton Reception

AALS Annual Meeting,Washington D.C.

SEPTEMBER 22

18th Annual Red Mass

SPRING

2003

SEPTEMBER 24

Alumni/Student Golf Outing

APRIL 12

OCTOBER 3

Annual Alumni Dinner Dance / Kick-off for the 50th Anniversary

7th Annual Judge’s Reception M AY T B A OCTOBER 5

Barbecue (rain date) – Classes of ’87, ’92, ’97

NJSBA Annual Meeting Alumni Reception / Atlantic City

OCTOBER 12

“Many Are One” Alumni Award Dinner Law School Service Award

JUNE 2

Commencement

OCTOBER 16

Rodino Dinner OCTOBER 18

25th Annual LEO Alumni Dinner N OV E M B E R 6

NJSBA Mid-Year Meeting, Orlando, FL N OV E M B E R 9

Alumni Reception in Miami Alumni Reception in Orlando N OV E M B E R 2 1

4th Annual Young Alumni Event, Class of 2002 Awards Reception

For more information, contact the Office of Alumni Relations at (973) 642-8711 or lawalum@shu.edu

Table of

Contents Message from the Dean . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Practice Meets Theory in a Unique Securities Law Course . . .

Institute for Law, Science and Technology . . . . . . . . . . . . . . . . . 6 The Michael J. Kosloski Scholarship . . . . . . . . . . . . . . . . . . . . . . . .

Alumni Honorees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Faculty Feature: Daniel Solove on Privacy . . . . . . . . . . . . . . . . . . 10 Legal Education Opportunities Institute Open Doors . . . . . . . 20 Commencement 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 New Administration/Faculty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Online Writing Course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Reunion 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Class News & Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

For more information, contact: Christine Quinn Director of Law School Communications (973) 642-8724 quinnchb@shu.edu

Shannon Philpott Office of Alumni Relations (973) 642-8711 lawalum@shu.edu

Weâ&#x20AC;&#x2122;d like to hear from you. Please contact us at lawalum@shu.edu

Lisa Barsanti Hoyt Office of Alumni & Development (973) 642-8512 hoytlisa@shu.edu fax (973) 642-8799

seton hall university school of law

FROM

DEAN

THE

Opportunity. This is one word that defines what Seton Hall Law School represents. This issue of Seton Hall Law celebrates 25 years of opportunity provided to the educationally disadvantaged through the Msgr. Thomas Fahy Legal Education Opportunity Institute. More than 500 alumni of the Law School have entered the legal profession through the door we proudly call LEO. These graduates of Seton Hall did not wait for opportunity to knock, they found the door, and walked through it. Congratulations to all our LEO graduates and continued success in the future.

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DEAN

P AT R I C K E . H O B B S

This issue introduces you to Professor Dan Solove, a member of our faculty who is well recognized at the Law School. Professor Solove is quickly emerging as one of the nation’s leading experts in Privacy Law. In his most recent article he considers the important privacy implications associated with the creation of vast databases in the advancing information age. He convincingly argues that the most frequently used metaphor, George Orwell’s “Big Brother,” is not the best description. Rather, we should look at this world in which we now live through the lens provided by Franz Kafka in The Trial. Read on to find out what Joseph K can teach us about our identities in cyberspace. You will also enjoy meeting Professor Lew Lowenfels, a renowned expert in securities law. Professor Lowenfels teaches our students to bring the theory of the academy to the marketplace of capitalism. His course “Advanced Corporate & Securities Practice” is always in great demand because of Professor Lowenfels’ unique ability to bring the practice of securities law into the classroom. He does this by often taking our students out of the classroom. Anyone who has had the benefit of a judicial clerkship knows its value in developing litigation skills in recently graduated lawyers. Professor Lowenfels succeeds in providing our law students with what can be best described as a securities law clerkship. Throughout this issue we continue to celebrate our greatest success, the remarkable achievements of you, our alumni. Ed Deutsch ’71, was honored as this year’s Distinguished Alumnus of the Year. Patrick Dunican ’91, was recognized as the Distinguished Young Alumnus of the Year. As we begin preparations for our 50th Anniversary celebration, which will be a year-long event commemorating the achievements of the Law School, I can proudly say to all alumni and friends of Seton Hall Law School, your school has arrived. Look for upcoming information about what we have planned for you, and how you can participate. God bless you, your loved ones, and our Law School.

SETON HALL LAW

IN A UNIQUE SECURITIES LAW COURSE Every law school class is a journey of sorts, where students travel to new theoretical and analytical territory that challenges their expectations and opens their minds to new ways of thinking. One particular securities law course at Seton Hall Law School takes this concept a bit further by integrating the theory and practice of law.

Offered each spring, “Advanced Corporate Securities Practice,” was created 15 years ago by Lewis D. Lowenfels, Esq., a prominent securities lawyer with the New York law firm of Tolins & Lowenfels. Affectionately known by the students as “Securities Law 101,” it provides a unique practical counterpart to the more theoretic courses in business associations and securities regulation. He is an adjunct professor at Seton Hall Law School. Recently described by Forbes magazine as, “one of the best securities lawyers in the business,” and frequently quoted in the print and electronic media, Professor Lowenfels has more than 40 years of experience in corporate and securities law. He represents investment banking firms and many prominent Wall Street individuals in all facets of their businesses, including public offerings, private placements, investigations, disciplinary proceedings and arbitrations. While maintaining an active and successful private practice, he also co-authors a six volume treatise, Securities Fraud and Commodities Fraud, with Professor Alan R. Bromberg of Southern Methodist University School of Law. The treatise is the definitive work in the field and is cited regularly by the United States Supreme Court.

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According to Professor Lowenfels, his course exposes students to both the theoretical and practical issues affecting securities law. “The course illustrates securities law to students through a combination of on-site lectures as well as field trips. It’s great for the students and I genuinely enjoy the experience,” he says. Ronald J. Riccio, professor and former dean of Seton Hall Law School, says that Professor Lowenfels was the perfect choice to develop this unique educational experience.“Prior to joining Seton Hall as dean in 1988, I was a private practitioner. As an educator, I am committed to scholarship; however, I also see our educational process as one that, in my own lifetime, has evolved and is evolving to address both the academic and the practical. With Lew, students have the opportunity to study with someone who is renowned for his practical experience and his scholarship. By recognizing the importance of both, I believe we give our students an unparalleled educational experience.” The course attempts to strengthen students’ cognitive skills and, Professor Lowenfels hopes, enhance the qualities that make the most difference in a lawyer’s career: good judgment, honesty, imagination and intensity.

MEETS

seton hall university school of law

PRACTICE

THEORY Adjunct Professor Lewis D. Lowenfels, Esq., right, reviewing his treatise in his Manhattan office with his research assistant.

“I chose securities law because I like the stock market and have a passion for the intellectual and analytical work that comes with it,” he says, “but I encourage students to pursue their par ticular passion, whether it’s real estate law, tax law, entertainment law or any other area.” During one class, students visit a leading investment banking firm that makes dealer markets for trading in securities on NASDAQ.The students learn how these markets are conducted and discuss their observations with executives in the firm. The next week, the students visit the headquarters of the New York Times where they meet with a Pulitzer Prize-winning reporter. The reporter provides a valuable lesson on the important influence of the media on the law. After visiting the ASE, students may enjoy a lecture by a Seton Hall Law School alumnus who now works at the Securities and Exchange Commission. Throughout the semester, presentations by outstanding professionals in the securities industry, peppered with trips to relevant sites, create a dynamic curriculum designed to stimulate and

prepare. The students enrolled in “Securities Law 101” enjoy a unique educational experience that combines the very best in both the practice and theoretical development of the law.This combination is experienced under the superb tutelage of a professor whose lifetime in the law embodies theory and practice in a way that few others can match. In addition to bringing a unique law course to Seton Hall Law School, Professor Lowenfels is a successful author, having published not only his treatise, but also approximately 50 articles in leading law review publications such as Seton Hall Law Review, Columbia Law Review, Virginia Law Review, Michigan Law Review and The Business Lawyer. Professor Lowenfels is a member of the American Bar Association and the New York State Bar Association. He graduated from Harvard College, magna cum laude, Phi Beta Kappa, and attended Harvard Law School for his juris doctorate degree. He resides in Montebello, N.Y., with his wife, Fern. He also has two children, Josh and Jackie, and a grandson, Benjamin.

SETON HALL LAW

seton hall university school of law

ILST I N S T I T U T E F O R L A W, S C I E N C E A N D T E C H N O L O G Y CONTRIBUTED BY: AVRAM WHITE ’03

Throughout its 50 year history, Seton Hall University School of Law has earned a reputation as New Jersey’s leading institution for studying the impact of technology on law and society. Continuing this tradition, the Law School established the Institute for Law, Science and Technology (ILST) in the fall of 2001. The program is directed by Professors Raymond Ku and R. Erik Lillquist.

The Institute addresses the rapidly evolving complex legal issues that are unique to intellectual property and new technology law. It also simultaneously prepares students to react to the rapidly changing legal landscape of intellectual property. The ILST acts as a center that provides research and support to both the public and private sectors as emerging challenges in the field of intellectual property are addressed. Ongoing advances in biological and information sciences make the ILST particularly relevant. Further development of the Institute for Law, Science and Technology is assured. In December of 2001, Seton Hall Law School received a two year $500,000 grant from the State of New Jersey to help fund the ILST program. The grant will allow for the hiring of additional faculty and enable existing faculty to devote more time to do research in relevant areas. “We are at the forefront of intellectual property issues and the ILST exemplifies leadership in the field. Courses such as Copyright Law in the Digital Millennium, Electronic Commerce, Information Privacy Law, Law and Science and Trademark Registration make the ILST curriculum among the most thorough in the country,” said Professor Lillquist.“These new courses represent our continuing commitment to stay at the cutting edge of education in the intellectual property field.” These courses are unique because they examine legal doctrine in a highly technical setting. For example, Electronic Commerce examines how developments in information technology affect commercial transactions. Information Privacy Law analyzes different types of law (constitutional, tort, contract, property) in terms of how they address emerging threats to privacy in our information society. Copyright Law in the Digital Millennium examines issues surrounding copyright law and the protection of digital information products. The expanded curriculum is not the only accomplishment of the newly created Institute. In November 2001 ILST hosted a symposium titled, “Information Gathering in the 21st Century.” The symposium focused on rapid advances in information gathering, and how they have affected traditional civil liberties, including the right to privacy. Seton Hall Law School Professors Judson Jennings and Daniel Solove were joined in the discussion by some of the nation’s leading privacy experts including Professors Joel Riedenberg (Fordham University); Orin Kerr (George Washington University); David Sobel, general counsel for the Electronic Privacy Information Center; and Carol Aciman, counsel, Skadden Arps. The ILST faculty is also producing a significant amount of scholarship. Articles by Institute faculty will be published in the Stanford Law Review, University of Chicago Law Review, California Law Review, UCLA Law Review, Law and Contemporary Problems, Virginia Journal of Law and Technology, and UC-Davis Law Review. In addition, Professors Ku and Solove have each authored casebooks for Aspen Publishing. Professor Ku’s casebook on Cyberspace Law has just been released. Professor Solove’s book on Information Privacy will be published in the spring. In early 2002, Seton Hall University School of Law and the New Jersey Institute of Technology established a joint degree program to meet the increased demand for lawyers with a scientific background. For more information on the Institute for Law, Science and Technology please contact James Lanshe at (973) 642-8530, lasheja@shu.edu, or visit law.shu.edu.

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THE MICHAEL J.

KOSLOSKI FOUNDATION SCHOLARSHIP

The Michael J. Kosloski Foundation was conceived to honor Mr. Kosloski’s memory and to offer students of Polish descent financial assistance in their pursuit to become attorneys and medical doctors. Throughout his life, he felt both professions were underrepresented in the Polish community and it was his wish that a greater number of young people would consider entering those fields.

In its first year of existence in 2001, the Foundation awarded two scholarships of $5,000 each to two students at Seton Hall University School of Law, and two scholarships to two students at UMDNJ. The Foundation will promote these scholarships in perpetuity, and men and women of Polish descent are encouraged to apply. In addition, two scholarships of $1,000 each have been presented to high school students who raised puppies for The Seeing Eye in Morristown, N.J., a charity Mr. Kosloski greatly respected and admired. Born in Shenandoah, Penn., Mr. Kosloski was committed to promoting his Polish heritage and assisting people of that ethnicity. Extremely active in the Polish community as well as the Polish church, he was instrumental in establishing English as a second language for newly arrived immigrants. He was involved with the creation of the Polish Pulaski Savings Bank and he offered legal assistance to St. Stanislaus Parish enabling it to secure parcels of land from the city of Newark. His fluency in Polish, German and Italian enabled him to serve as court interpreter in disputed estates where foreign nationals were involved. Consistently, he counseled, aided, and advised young people on the need to further their education. At a very early age Kosloski and his family relocated to Newark where he attended St. Stanislaus Elementary School, Barringer High School and John Marshall Law School, which Seton Hall ultimately adopted. Following his graduation from law school, he was drafted into the Armed Services and served with the Air Force Intelligence Unit in Cerignola, Italy. Four years later he was honorably discharged as captain. He returned to Newark where he obtained a position with the Essex County Prosecutor’s Office while awaiting his admission to the New Jersey Bar. Concurrent with his work at the prosecutor’s office, he attended and graduated from the F.B.I. Academy.With his admission to the bar, his career as an attorney began when he opened his office in Irvington, N.J., subsequently relocating to South Orange. He died in 1998. For more information on the Michael J. Kosloski Foundation scholarship, please call (973) 642-8512.

SETON HALL LAW

ALUMNI

seton hall university school of law

UPDATE

Alumni Honorees Extraordinary achievement, service, moral character, and commitment are among the criteria considered by the Seton Hall Law School Alumni Council when choosing alumni who have succeeded in the professional arena. Contributions to the law – whether on the bench or in the bar, through pro bono, public or community service – are all factors that affect the Alumni Council’s final recommendation. While many are worthy of consideration, one individual usually stands out among the rest. This year, Edward B. Deutsch ’71, the managing partner of McElroy, Deutsch & Mulvaney, was the recipient of the Distinguished Alumnus Award. In addition to the Distinguished Alumnus Award, the Law School honored for the second time a Young Alumnus of the Year. Chosen with the same criteria in mind, Patrick C. Dunican Jr. ’91, was this year’s recipient. Edward B. Deutsch ’71, truly exemplifies the finest qualities that Seton Hall University School of Law seeks to instill in its student body. Mr. Deutsch and his partner, James M. Mulvaney, ’75, founded what is now McElroy, Deutsch & Mulvaney, LLP, in 1983.They were joined in 1985 by the Honorable William T. McElroy, who, sadly, passed away in January 2001. With its primary location in Morristown, N.J., the firm also maintains offices in Ridgewood, N.J., Denver, Colo., and New York City.The firm’s growth and acknowledged success are due in large measure to Mr. Deutsch’s leadership as managing partner, but he is quick to credit the large number of Seton Hall Law School graduates within the firm who have made a significant contribution to McElroy, Deutsch & Mulvaney’s stature in the profession. For more than 30 years, Mr. Deutsch has excelled as a trial and appellate lawyer, successfully representing clients in matters spanning virtually all phases of commercial and corporate litigation, as well as counseling clients in all aspects of the insurance industry. Certified as a civil trial attorney by the New Jersey Supreme Court, his practice has taken him to every state and federal courthouse in New Jersey and to many other states and federal districts. In 1992, the American College of Trial Lawyers inducted him as a Fellow of the College and he served as the New Jersey State Chair for two years. He is a member and former trustee of the Trial Attorneys of New Jersey, a Fellow of the American Bar Foundation and a Fellow of the International Society of Barristers. He also served as a master in the Worrall F. Mountain Inns of Court, and is a member of the Morris, Essex, New Jersey State, and American Bar Associations. In keeping with the tradition of Seton Hall Law School graduates, Mr. Deutsch maintains a close relationship with the Law School, having participated in the education of law students as a guest lecturer and adjunct professor. He also served as the chair of the Law School Steering Committee for the Seton Hall Campaign. Under his guidance, the campaign raised more than $5 million for the new Law School. Again, following the path of other graduates, Mr. Deutsch is an active and vital member of his community. He has served and participates in countless charitable causes, including the Cystic Fibrosis Foundation and the Resource Center for Women and Their Families of Somerset County. In 1998, Mr. Deutsch founded The Bank of the Somerset Hills in Bernardsville, N.J., and Mendham, N.J., where he serves as chairman of the Board of Directors. The bank is one of the fastest growing and most successful new community banks in the state. He and his wife, Nancy, reside in Basking Ridge, N.J., and are active members of the Basking Ridge Presbyterian Church where he has served as an elder and trustee. He has also been counsel to The Presbyterian Church U.S.A. They have a

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1971

E DWA R D B . D E U T S C H M c E L ROY, D E U T S C H & M U LVA N E Y M A N A G I N G PA RT N E R

1991

P AT R I C K C . D U N I C A N J R . A D M I N I S T R AT I V E PA RT N E R , N E W YO R K O F F I C E G I B B O N S , D E L D E O, D O L A N , G R I F F I N G E R & V E C C H I O N E , P. C .

daughter Lydia, who attends Kent Place School in Summit; a son, Jeff, a businessman, who is married and lives and works in Crested Butte, Colo.; and a daughter, Elizabeth, who lives with her husband and two children in Rhode Island, where she is a nurse at Rhode Island Hospital. The entire Seton Hall Law School community extends its hearty congratulations to Mr. Deutsch for his distinguished service to his profession, his community and his Law School. Patrick C. Dunican Jr., the 2002 Young Alumnus of the Year, is a 1991 cum laude graduate of Seton Hall University School of Law. While at the Law School, he served as the editor-in-chief of the Seton Hall Law Review. Upon graduation from the Law School, Mr. Dunican served as a law clerk to the Honorable Clarkson S. Fisher in the U.S. District Court for the District of New Jersey. In 1992, he joined the law firm that is now known as Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P. C. A litigator, Mr. Dunican became one of the youngest partners ever to be elected by the firm in 1999. Having opened the firm’s New York office in 1997, he serves as its administrative partner. During his tenure, he has overseen growth in the office from three attorneys to nearly 40 by April of 2002. Mr. Dunican currently is managing the relocation of the New York office to larger premises during the summer of 2002, predicting growth to 50 attorneys by the end of 2002. He serves as the youngest ever member of the firm’s Executive Committee, as well as co-chairman of its Strategic Growth Committee. He represents several renowned international organizations. Mr. Dunican was as an adjunct professor of legal research and writing at the Law School from 1993 through 1997. He served on the Law School Alumni Council from 1993 through 2001 and has been a member of the Red Mass Committee since 1991. He is a member of the American Bar Association, the Essex County Bar Association, the Association of the Federal Bar for the District of New Jersey, the New Jersey State Bar Association, the New York State Bar Association, the New York Federal Bar Council, the New York County Lawyers’ Association and the Association of the Bar of the City of New York. He is admitted to practice in New York and New Jersey and before the U.S. Courts of Appeals for the Second,Third and Federal Circuits, the U.S. District Court for the District of New Jersey and the Southern, Eastern, Western and Northern Districts of New York. Recently, he successfully represented, pro bono, the family of a World Trade Center victim in a matter in which an insurance company denied payment of life insurance proceeds because all of the employers’ records were destroyed in the collapse of the towers. He is a 1988 graduate of Iona College in New Rochelle, N.Y. He and his wife, Christina, have a baby daughter.

SETON HALL LAW

FEATUR

seton hall university school of law

FACULTY

DA N I E L J . S O L OV E P R I VA C Y & P O W E R : C O M P U T E R DATA B A S E S & M E TA P H O R S F O R I N F O R M AT I O N P R I VA C Y 5 3 S TA N . L . R E V. 1 3 9 3

www.law.shu.edu

2001

Journalists, politicians, jurists, and legal academics often describe the problem created by databases with the metaphor of Big Brother — the harrowing totalitarian government portrayed in George Orwell’s 1984. Professor Solove argues that this is the wrong metaphor. Conceptualizing the database problem with the Big Brother metaphor reflects an outdated paradigm. Under this paradigm, privacy is invaded by uncovering one’s hidden world, by surveillance, and by the disclosure of concealed information. The harm caused by such invasions consists of self-censorship, embarrassment, and damage to reputation. Privacy law has developed with this paradigm in mind, and consequently, it has failed to adapt to grapple effectively with the database problem. Professor Solove argues that the problem is better captured by Franz Kafka’s The Trial — a process of bureaucratic indifference, arbitrary errors, and dehumanization, a world where people feel powerless and vulnerable, without any meaningful form of participation in the collection and use of personal information. He then explores the implications of conceptualizing the problem in this way for the law of information privacy. We are in the midst of an information revolution, and we are only beginning to understand its implications. In the past decade, we have undergone a dramatic transformation in the way we shop, bank, and go about our daily business – changes that have resulted in an unprecedented proliferation of records and data. The small details that were once captured in dim memories or fading scraps of paper are now preserved forever in the digital minds of computers, vast databases with fertile fields of personal data. Companies are constructing gigantic databases of psychological profiles, amassing data about an individual’s race, gender, income, hobbies and purchases. It is ever more possible to create an electronic collage that covers much of a person’s life – a life captured in records, a digital biography composed in the collective computer networks of the world. Since their creation, computer databases have been viewed as problematic – a fear typically raised under the mantra of “privacy.” Databases certainly present a privacy problem, but what exactly is the nature of that problem? Although the problem of databases is understood as one of concern over privacy, beyond this, the problem is often not well defined. How much weight should our vague apprehensions be given, especially considering the tremendous utility, profit and efficiency of using databases? The answer to this question depends upon how the privacy problem of databases is conceptualized. Unfortunately, so far, the problem has not been adequately articulated.

SETON HALL LAW

FACULTY FEATURE

seton hall university school of law

BIG BROTH VS

The most widely discussed metaphor in the discourse of information privacy is George Orwell’s depiction of Big Brother in Nineteen Eighty-Four. Big Brother is an all-knowing, constantly vigilant government that regulates every aspect of one’s existence – even one’s private thoughts. In every corner are posters of an enormous face, with “eyes [that] follow you about when you move” and the caption, “BIG BROTHER IS WATCHING YOU.” This terrifying totalitarian state achieves its control by targeting the private life, employing various techniques of power to eliminate any sense of privacy. Big Brother views solitude as dangerous. Its techniques of power are predominantly methods of surveillance. Big Brother is constantly monitoring and spying; uniformed patrols linger on street corners; helicopters hover in the skies, poised to peer into windows. The primary surveillance tool is a device called a “telescreen” which is installed into each house and apartment.The telescreen is a bilateral television – individuals can watch it, but it also enables Big Brother to watch them. The collection of information in cyberspace can be readily analogized to the telescreen. As we surf the Internet, information about us is being collected. Many commentators contend that this collection of data is a form of surveillance, which leads to self-censorship and inhibition. The Big Brother metaphor, however, has significant limitations for the database privacy problem. The metaphor depicts a particular technique of power – surveillance. Certainly, monitoring is an aspect of information collection, and databases may eventually be used in ways that resemble the disciplinary regime of Big Brother. However, most of the existing practices associated with databases are quite different in character. Direct marketers wish to observe behavior so they can tailor goods and advertisements to individual differences. True, they desire consumers to act in a certain way (to purchase their product), but their limited attempts at control are far from the repressive regime of total control exercised by Big Brother.

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KAFKA Although the effects of surveillance are certainly a part of

dossier on him.The Court is clandestine and mysterious,

the database problem, the heavy focus on surveillance

and court records are, “inaccessible to the accused.”

miscomprehends the most central and pernicious effects of databases. Understanding the problem as surveillance fails to account for the majority of our activities in the world and web. A large portion of our personal information involves facts that we are not embarrassed about: our financial information, race, marital status, hobbies, occupation, and the like. Most people surf the web without wandering into its dark corners. The vast majority of the information collected about us concerns relatively innocuous details. The surveillance model does not explain why the recording of this nontaboo information poses a problem. The focus of the surveillance model is on the fringes and often involves behaviors we may indeed want to inhibit such as cult activity, terrorism and child pornography. Franz Kafka’s harrowing depiction of bureaucracy in The Trial is the most appropriate metaphor to capture the problem with databases. The Trial opens with the protagonist, Joseph K., awakening one morning to find a group of officials in his apartment, who inform him that he is under arrest. K. is bewildered at why he has been placed under arrest.“I cannot recall the slightest offense that might be charged against me. But even that is of minor importance, the real question is, who accuses me? What authority is conducting these proceedings?” When he asks why the officials have come to arrest him, an official replies, “You are under arrest, certainly, more than that I do not know.” Instead of taking him away to a police station, the officials mysteriously leave.

Kafka’s The Trial best captures the scope, nature and effects of the type of power relationship created by databases. Kafka depicts an indifferent bureaucracy, where individuals are pawns, not knowing what is happening, having no say or ability to exercise meaningful control over the process. This lack of control allows the trial to completely take over Joseph K.’s life. The Trial captures the sense of helplessness, frustration, and vulnerability one experiences when a large bureaucratic organization has control over a vast dossier of details about one’s life. At any time, something could happen to Joseph K.; decisions are made based on his data, and Joseph K. has no say, no knowledge and no ability to fight back. He is completely at the mercy of the bureaucratic process. As understood in light of the Kafka metaphor, the primary problem with databases stems from the way the bureaucratic process treats individuals and their information. The problem with databases emerges from subjecting personal information to the bureaucratic process with little intelligent control or limitation, resulting in a lack of meaningful participation in decisions about our information. Bureaucratic decision making processes are being exercised ever more frequently over a greater sphere of our lives, and we have little power or say within such a system, which tends to structure our participation along standardized ways that fail to enable us to achieve our goals, wants and needs.There is no diabolical motive or secret plan for domination. Rather, there is a web of thoughtless decisions made by low-level bureaucrats,

Throughout the rest of the novel, Joseph K. begins a

standardized policies, rigid routines, and a way of relating

frustrating quest to discover why he has been arrested

to individuals and their information that often becomes

and how his case will be resolved. A vast bureaucratic

indifferent to their welfare.

court has apparently scrutinized his life and assembled a

SETON HALL LAW

THE PROBLEMS OF

PRIVACY

Throughout this century, a distinctive domain of law relating to privacy has begun to develop. Privacy law consists of a mosaic of various types of law: tort law, constitutional law, federal and state statutory law, evidentiary privileges, property law and contract law. Privacy law was developed largely to address privacy problems of disclosure and surveillance, and consequently was aimed at protecting secrets and concealed information. Under this view, privacy is invaded by incursions into one’s hidden world, by watching and by public disclosure of confidential information.With its extensive focus on surveillance, the Big Brother metaphor merely reinforces this old paradigm. The highly influential 1890 article by Samuel Warren and Louis Brandeis, The Right to Privacy, is considered by many as one of the primary foundations of privacy law in the United States. The article recommended the creation of tort remedies to protect privacy, and today, there are four torts that have been inspired by the article: (1) intrusion upon seclusion; (2) public disclosure of private facts; (3) false light or “publicity”; and (4) appropriation.

information by the database industry, the tort of private facts appears designed to redress excesses of the press and is accordingly focused on the widespread dissemination of personal information in ways that become known to the plaintiff. In contrast, the disclosure of personal information through the use and sale of databases is often small and done in secret. It would be difficult for a plaintiff even to discover that such sales or disclosures have been made. Even if marketers disclosed information widely to the public, the tort is limited to “highly offensive” facts, and most facts in databases would not be highly offensive if made public. The tort of false light is primarily a variation on the defamation torts of libel and slander, protecting against the giving of “publicity to a matter concerning another that places the other before the public in a false light” that is “highly offensive to a reasonable person.” False light protects one’s reputation, but the type of information collected in databases often is not harmful to one’s reputation.

The tort of intrusion protects against the intentional intrusion into one’s “solitude or seclusion” or “his private affairs or concerns” that “would be highly offensive to a reasonable person.” Although this tort could be applied to the information collection techniques of databases, most of the information collection is not “highly offensive to a reasonable person.” Each particular instance of collection is often small and innocuous; the danger is created by the aggregation of information, a state of affairs typically created by hundreds of actors over a long period of time.

The tort of appropriation occurs when, “One who appropriates to his own use or benefit the name or likeness of another.” The tort’s focus on protecting the commercial value of personal information has often prevented it from being an effective tool in grappling with the database privacy problem.The appropriation tort aims at protecting one’s economic interest in a form of property and is most effective at protecting celebrities who have created value in their personalities. This is not the same interest involved with privacy, which can be implicated regardless of the economic value accorded to one’s name or likeness.

The tort of private facts creates a cause of action when one makes public “a matter concerning the private life of another” in a way that “(a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public.” Although this tort could conceivably be applied to certain uses of databases, such as the sale of personal

Even if it were possible to eliminate these difficulties with some minor adjustments to the privacy torts, the privacy problem with databases transcends the specific injuries and harms that the privacy torts are designed to redress. By its nature, tort law looks to isolated acts, to particular infringements and wrongs. The problem with databases

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LAW does not stem from any specific act but is a systemic issue of power caused by the aggregation of relatively small actions, each of which when viewed in isolation would appear quite innocuous.This is referred to as the “aggregation problem” – the fact that the whole is greater than the parts. In other words, the problem emerges when individual information transactions, combinations, lapses in security, disclosures, or abusive uses are viewed collectively. Attempts to use the Constitution to protect information privacy have similarly failed by misconstruing the problem. At the outset, the Constitution only protects against state action, and many databases belong to the private sector. For example, the Fourth Amendment protects only against government infringements and does nothing to control the collection and use of information by private bureaucracies. To the limited extent to which the Fourth Amendment can be applied to databases, the Court has held in a series of cases that there is no reasonable expectation of privacy in information in records maintained by third parties. In the 1977 decision, Whalen v. Roe, the Court extended its substantive due process privacy protection to information privacy. The Court held that the constitutionally protected “zone of privacy” extends to two distinct types of interests: (1) “independence in making certain kinds of important decisions”; and (2) the “individual interest in avoiding disclosure of personal matters.” The latter interest was one that the Court had previously not defined and today it has become known as the “constitutional right to information privacy.” However, the constitutional right to information privacy focuses on disclosures of information, and hence has not worked well to address the database privacy problem which is not primarily one of disclosure. In its privacy legislation, Congress has sometimes looked beyond the old paradigm of privacy as protecting one’s hidden world, although its privacy statutes often have failed to address the problem adequately. The Fair Credit Reporting Act (FCRA) of 1970, which regulates the information use practices of credit reporting companies, fails to adequately restrict secondary uses and disclosures of that information. The FCRA permits credit reporting companies to sell the “credit header”

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FACULTY FEATURE

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portion of credit histories (which contains names, addresses, former addresses, telephone number, Social Security number, employment information and birth date) to various commercial entities. The Privacy Act of 1974, regulates the collection and use of records by federal agencies, giving individuals the right to access and correct information held by federal agencies. The Privacy Act was a good beginning, but it remains incomplete.The Privacy Act is limited only to the public sector, having no applicability to the use of databases by marketers.The Act applies only to federal, not state and local agencies. The Cable Communications Policy Act (CCPA) of 1984 requires cable operators to inform subscribers about the nature and uses of personal information collected.The law prohibits any disclosure that reveals the subscriber’s viewing habits. The statute, however, applies only to cable operators and it has a broad exception where personal data can be disclosed for a “legitimate business activity.” In 1986, Congress modernized wire-tapping and eavesdropping laws when it passed the Electronic Communications Privacy Act (ECPA). The ECPA restricts the interception of transmitted communications and the searching of stored communications. The focus of the law, which draws heavily from the Big Brother metaphor, is on eavesdropping and monitoring of communications. The ECPA does not otherwise limit the collection and use of personal data. Furthermore, providers of Internet services are exempted from the ECPA and are free to examine the email of their subscribers. The Video Privacy Protection Act (VPPA) of 1988 prohibits video tape service providers from knowingly disclosing personal information, such as titles of video cassettes rented or purchased, without the individual’s written consent.The statute, however, permits the disclosure of the subject matter of video rentals to marketers.The VPPA only applies to video cassette tapes, and no similar restrictions are placed on bookstores, record stores, or any other type of retailer, magazine producer, or catalog company. In 1994, Congress addressed the longstanding practice of many states of selling personal information in their motor vehicle records to marketers.The Driver’s Privacy Protection Act of 1994 (DPPA) limits this practice, forcing states to acquire a driver’s consent before disclosing personal information to marketers. Although the DPPA is an important step in controlling government disclosures of personal information to the private sector, it applies only in the context of motor vehicle records. States are not limited in disclosing information contained in the numerous other forms of records they maintain.

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The Children’s Online Privacy Protection Act (COPPA) of 1998 regulates the collection of children’s personal information on the Internet. Websites targeted at children must post privacy policies and must obtain “parental consent for the collection, use, or disclosure of personal information from children.” But the law’s reach is limited. The COPPA applies only to, “an operator of any website or online service directed to children, . . . or the operator . . . that has actual knowledge that it is collecting personal information from a child.” Moreover, the law applies only to website operators who collect personal information from children under age thirteen.

complicated patchwork of regulation with significant gaps and omissions. For example, federal regulation covers federal agency records, educational records, cable television records, video rental records, and state motor vehicle records, but it does not cover most records maintained by state and local officials, as well as a host of other records held by libraries, charities and merchants (i.e., supermarkets, department stores, mail order catalogs, bookstores, and the like).

Finally, in practice many of Congress’ laws are difficult to enforce. It is often difficult, if not impossible, for an individual to find out if information has been disclosed. The trade in personal information is a In its privacy legislation, clandestine underworld, one that Congress has sometimes is not exposed sufficiently by fedlooked beyond the eral privacy regulation to enable effective enforcement. old paradigm of privacy

The Gramm-Leach-Bliley Act of 1999 permits banks, insurers and investment companies that are affiliated to share the “nonpublic personal information” that each affiliate possesses. Affiliates must tell customers that they are sharing this as protecting one’s hidden Understanding the database privacy information, but there is no way for problem in terms of the Kafka world, although its individuals to block this sharing of metaphor illustrates that the problem privacy statutes often information. People can only optwith databases concerns the use of information, not merely keeping it out of the disclosure of their data have failed to secret. Information about an individual to third parties. Given the large address the problem is often not secret, but is diffused in conglomerates of today’s corporate adequately. the minds of a multitude of people world, affiliate sharing is significant. and scattered in various documents Further, the Act applies only to and computer files across the country. “nonpublic” information, and much Few would be embarrassed by the disclosure of much of of the information aggregated in data-bases (such as the material they read, the food they eat or the products one’s name, address, and the like) is traditionally they purchase. Few would view their race, ethnicity, marital considered to be public. status or religion as confidential. Of course, databases may In sum, the federal laws are a start, but they often contain the residue of scandals and skeletons – illicit misapprehend the nature of the problem because they websites, racy books, stigmatizing diseases — but since give people only a very limited form of control over only information in databases is rarely publicized, few some of their information and often impose no system reputations are tarnished. For the most part, the data is of default control on other holders of such information. processed impersonally by computers without ever being Although the statutes help in containing the spread of viewed by the human eye. Much of the privacy as secrecy information, they often fail to adequately address the conception focuses on breach of confidentiality, harmed underlying power relationships and contain broad reputation and unwanted publicity. But since these harms exceptions and loopholes that limit their effectiveness. are not really the central problems of databases, privacy law often concludes that the information in databases is not Furthermore, the federal statutes cover only a small private and is thus not entitled to protection. geography of the database problem. They form a

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AN AGENDA FOR A The Kafka metaphor illustrates that the problem runs deeper than disclosure and that at the core it concerns the fact that our personal information is not only out of our control, but also is often placed within a bureaucratic process that lacks control and discipline in handling and using such information. Although the federal statutes are better at addressing this problem than the privacy torts, the constitutional right to information privacy, or the Fourth Amendment, they remain severely limited. Therefore, a set of laws and rights is necessary to govern our relationship with bureaucracies. These laws must consist of more than default rules that can be contracted around or property entitlements that can be bartered away. The market-based solutions work within the existing market. The problem with databases is the very way that the market deals with personal information, a problem in the nature of the market itself that prevents fair and voluntary information transactions. First, in light of the revolution in accessibility provided by modern computer capabilities and the Internet, we must rethink the accessibility of the information in public records. Second, courts must abandon the notion that privacy is limited to concealing or withholding information, and must begin to recognize that accessibility

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and uses of information – not merely disclosures of secrets – can threaten privacy. Third, the current self-regulatory and legislative solution of enabling people to opt out of having their data collected or disseminated is ineffectual. Providing people with opt-out rights and privacy policies does little to give individuals much control over the information collected and used. Regulation mandating that consumers opt-in rather than opt-out will more effectively control the flow of information between unequal parties. Under a system where individuals opt-in, the default rule is that personal information cannot be collected or used about an individual unless the individual provides consent. Fourth, regulation is necessary to ensure that the private sector undertakes adequate security measures. Although frequently used by companies as passwords for access to sensitive personal records, an individual’s Social Security number and mother’s maiden name are not always private, since they are contained in birth records and other public records such as bankruptcy records. Governments are keeping this information public despite the widespread practice of using such information to gain access to other, more personal information. At the same time, governments are not doing anything to regulate what types of information companies can use as security passwords. As a result, there is little security over our personal information which affects our professions, our finances and our reputations.

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LUTION Solving the problem requires meaningful limits on how data can be used â&#x20AC;&#x201C; limits that are clear rather than ambiguous and amorphous. It involves the basic guarantees to people that their information is being treated thoughtfully, that they are being treated with respect and dignity, that they are informed when they disclose information, and that they have meaningful participation in the use of the information. Too often, commentators and policy makers have been focusing on the wrong evils when addressing the database problem, a focus that has led to more apprehension than action. Today, we are living a precarious existence at the mercy of impersonal bureaucracies that have an unprecedented amount of power over us. While we fear sinister motives and designs for social control, we neglect to see the harrowing world that is actually being created by the thoughtless and impersonal practices of bureaucracy. That world is not merely a frightening possibility like Big Brotherâ&#x20AC;&#x201D;it is more and more the world we are currently living in.

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OPPORTUNITIES

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Contributed By Noreen Seebacher

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LEGAL EDUCATION OPPORTUNITIES George Caceres ’85, considers himself a poor test-taker. Michael Shipp ’94, concedes his grades as an undergraduate were lower than his abilities. Nonetheless, both have built successful careers in the law thanks in part to an innovative program at Seton Hall Law School’s Monsignor Thomas Fahy Legal Education Opportunity Institute. The program was named for the late president of Seton Hall University, who is credited with working to promote diversity throughout the institution. Known informally as LEO, the Legal Education Opportunities Institute was established 25 years ago to provide low-income and educationally disadvantaged applicants with the opportunity to overcome past performance, and provide a more accurate assessment of their abilities. Once accepted into the program, the students are expected to complete a regular first year course and a course in legal methods. Their work in the program gives the faculty an extra tool to assess their abilities, and also gives students perspective on their probability of success in Law School.

Two New Jersey State judges and LEO alumni are the Honorable Karimu Hill Harvey ’83, and the Honorable Michael J. Nelson ’81.

INSTITUTE OPENS DOORS LEO consists of a full-time, eight-week summer course designed to strengthen both the analytical and writing skills of Law School applicants who have had a historical educational or economic disadvantage. Most of them failed to perform well by traditional admissions standards. Law Professor Ahmed Bulbulia said the program was designed to give students a chance to prove themselves. “It was a firm belief of the faculty that there were many talented individuals who, given the chance, would be competent lawyers,” said Prof. Bulbulia, who has been involved with the program since it started in 1977 and served as its director for more than a decade. Brenda Saunders Hampden, an associate professor of law, succeeded Professor Bulbulia in April 2001. Professor Saunders Hampden graduated from Seton Hall Law School the same year the LEO Program began, and was a student representative on the organizing committee. She said research has demonstrated a degree of cultural bias on entrance exams, which sometimes translates into lower scores for students from challenged economic or educational backgrounds. Students who perform well in the LEO Program are admitted to the Law School, where they compete on an equal basis with other students. In a typical summer session, about 30 students participate in the program, and about 20 to 25 of them are admitted. Professor Bulbulia described them as “just as talented as any other students.” Throughout the years, participants have ranged from graduates of inner city high schools with disadvantaged academic preparation to children of financially struggling immigrants. Seton Hall professors describe them as students with both the ability and motivation to succeed, despite lower grade point averages or standardized test scores. Wilfredo Caraballo, professor of law, former LEO director and member of the New Jersey State Assembly, considers the program a way to reach out

Brenda Saunders Hampden ’77, associate professor of law and director of the LEO Institute, worked with faculty to create LEO 25 years ago.

to disadvantaged students.The program is about giving a break to students who have something about them that warrants giving them a chance,” he explained. Professor Caraballo understands the reality of economic and educational challenges. He views the LEO program as an opportunity to provide some of that same support to others from similar backgrounds.“I grew up poor in a single parent home in the heart of the south Bronx,” he recalled. “I attended public schools. But I lucked out. I found people along the way to encourage me and serve as role models.” Since the program began, approximately 550 LEO participants have graduated from the Law School. Because the graduates represent a wide range of ethnic backgrounds, the LEO program is also credited with promoting diversity within the Law School and the legal profession.

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One LEO graduate, the Honorable Karimu F. HillHarvey ’83, is a municipal court judge in East Orange, N.J., where she also maintains a private practice. She said she wanted to become a lawyer, “because of my assertive personality and I felt I could be a successful change agent to promote justice, and be a proactive role model for people of color.”

Two successful alumni are Karol Corbin Walker ’86, left, and Vivian Sanks King ’85. Ms. Corbin Walker is president-elect for the New Jersey State Bar Association and Ms. Sanks King is Vice President for Legal Management at UMDNJ. Ms. Sanks King also is a recipient of The Law School’s Distinguished Graduate Award for 1995.

Like many LEO participants, she said her challenge was low test scores. She had little test taking preparation during her years at Montclair High School, where her counselor once told her she was not college material. She worked as a secretary, flight attendant and newspaper reporter before she decided to prove the counselor wrong. She enrolled at Seton Hall University as an undergraduate, and earned a bachelor’s degree in communications. Despite her success, she was still apprehensive about attending Law School. The LEO Program allowed her to prove to both herself and the faculty that she could handle the work.

Karol Corbin Walker ’86, lives with her husband in Morris Township, N.J. But she spent her childhood in Jersey City, N.J., where she attended public schools and what is now New Jersey City University. Although she did well in college, she said she did not perform well on standardized tests. To prove her ability, she applied to the LEO Program. “It was one of the most arduous encounters I had experienced up to that point in my life. However, it also provided me the chance to demonstrate that I could succeed in law school,” she said. “Many of the LEO graduates have not only exceeded the expectations of the program, but aside from this, have excelled beyond some of the top students in their law school classes. “Many of us have broken barriers within the legal community,” said Ms. Corbin Walker, 43, a partner in the Newark law firm of St. John & Wayne, L.L.C. She was the first African-American woman to become a partner at a major law firm in New Jersey, and, in 2003, will become the first African-American president of the New Jersey State Bar Association.

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“It gave me a taste of success and a desire to succeed,” she said. Now 50, she lives in South Orange, N.J., with her husband and two children. One of her children is now an undergraduate at Seton Hall. Mr. Caceres, 45, was born in Cuba and reared in West New York, N.J. He was the son of working class parents, neither of whom went to school beyond the third grade. Nonetheless, they encouraged him to attain what they never had, professionally and academically. He described the LEO Program as a place where students get to prove their abilities on a case by case basis. “It is premised on the principle that not scoring well on standardized tests, doesn’t mean you can’t still compete,” he continued. Mr. Caceres attended parochial school, graduated with a bachelor’s degree in criminal justice from the University of New Haven, Conn., and, in 1979, became the first Cuban-born New Jersey State Trooper. Several years later, he pursued his ambition to attend law school. But even though he graduated with honors from the University of New Haven, he said he had low

Mr. Caceres now works as a certified criminal trial attorney with Ginarte O’Dwyer Winograd & Laracuente, the largest Hispanic-owned and operated law firm in New Jersey.“If you apply yourself, you can do anything. The only difference between one individual and another is that one may have to apply himself more than the other,” said Mr. Caceres, who lives in Bergen County, N.J., with his wife and two children. Ms. Corbin Walker stressed that participation in the LEO program was an opportunity, not a gift.“During my years at Seton Hall, I encountered several individuals who initially believed that because I was a LEO participant, my skills were not on par with their own. They quickly learned that was not the case,” she said. The LEO Program is a way for participants to provide evidence of abilities that may be masked by their prior academic records. As Professor Caraballo explained, LEO, and programs like it, allow admission committees to consider additional factors beyond qualifying entrance exam scores and grade point average, and consider factors including the early educational background of the applicant. Mr. Shipp, for example, applied to law school despite the fact that he had less than a B average at Rutgers University. He blames his grades primarily on immaturity, and the fact that he “had a lot of growing up to do” as an undergraduate.

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entrance exam test scores. He described the LEO program as a critical stepping-stone to his goal.

He attended the Passaic County Technical and Vocational School even though he planned to go to college because Passaic County was perceived to be the best public school available at the time. After graduation, he enrolled at Rutgers. He graduated with a bachelor’s degree in economics, and went on to a successful career at Sprint, where he earned four promotions in as many years. “But I felt like I cheated myself. It got harder and harder to go to work each day because I really wanted to go to law school,” he said. He believes the LEO Program gave him a realistic expectation of the work he would be asked to handle in law school.“It was like a slap in the face, a chance to discover how difficult it would be. It excited me, and jump-started my transition from the workplace back to the classroom.” Mr. Shipp, 36, now works in the Newark offices of Skadden Arps Slate Meagher & Flom, where he specializes in employment litigation. He lives in Princeton with his wife Michele Meyer-Shipp, ’95, and their three children. For faculty members who have been involved with the LEO Program, one of the pleasures has been watching the success of the graduates. “When they come back, it’s like seeing a child who has grown up,” Professor Bulbulia said. “You have memories of them as dazed law students who didn’t understand what was going on, and now they are accomplished attorneys.” All of them have the same message for their former professors: “Thanks for the opportunity.”

His grades may also reflect limited preparation for college-level work. Mr. Shipp grew up in Paterson, N.J.

“The program is about giving a break to students who have something about them that warrants giving them a chance.” – Wilfredo Caraballo, Professor of Law

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“You need to separate out what are core values from what are simply matters of convenience or comfortable habits that we may have to sacrifice.” – Michael Chertoff

M I C H A E L C H E R T O F F, J . D . A S S I S TA N T AT TO R N E Y G E N E R A L I N T H E D E PA RT M E N T O F J U S T I C E , DELIVERS 2002 COMMENCEMENT ADDRESS

326 Seton Hall Law School Students

GRADUATE at the 48th Commencement Exercises

Michael Chertoff, J.D., assistant attorney general in charge of the United States Department of Justice’s criminal division and a former United States attorney for New Jersey, delivered the keynote address at the 48th Commencement Exercises of Seton Hall University School of Law on May 31. The ceremony was held at the PNC Bank Arts Center in Holmdel, N.J. In recognition of his contributions to the law from a career spanning more than 20 years, Seton Hall Law School bestowed an honorary Doctor of Laws degree upon Mr. Chertoff during the ceremony. Known for his leadership in high-profile prosecutions of fraud in the health care and financial industries, as well as environmental crimes, Pres. George W. Bush nominated Mr. Chertoff to serve as assistant attorney general in the criminal division of the United States Department of Justice. He was overwhelmingly confirmed by the United States Senate and endorsed by United States Attorney General John Ashcroft.

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Administration and faculty pictured here with Mr. Chertoff are, seated from left, Kathleen Boozang, associate dean of academics; Kevin Marino ’84, former president of Seton Hall Law Alumni Association. The Rev. Nicholas Gengaro, law school chaplin; and John Wefing, professor of law. Standing, from left, are Msgr. Robert Sheeran, president of Seton Hall University; Bishop Nicholas DeMarzio, member, board of regents; Mr. Chertoff; Mel Shay, provost of the University; Joseph LaSala, member of the board of trustees; and Patrick Hobbs, dean.

In his position, Mr. Chertoff is responsible for leading the 93 United States attorney’s offices and overseeing criminal prosecutions nationwide, including all terrorism-related prosecutions currently underway in the United States. Prior to his nomination, he was a partner in the Newark, N.J., firm of Latham and Watkins. In 2000, he served as special counsel to the New Jersey Senate’s Judiciary Committee, participating in the committee’s inquiry into the New Jersey State Police and its enforcement practices. In his 10 years as a federal prosecutor, Mr. Chertoff directed major investigations and headed prosecutions of political corruption, savings and loan fraud and other white-collar crimes. He also served at various times during those 10 years as United States attorney for New Jersey, first assistant United States attorney for New Jersey and assistant United States attorney for the Southern District of New York. His prosecutions led to the conviction of four New Jersey mayors, as well as high-ranking officials of several New Jersey publicly traded corporations and labor unions. Mr. Chertoff also played a significant role in the United States Senate’s investigation into Whitewater in 1995 and 1996. Mr. Chertoff earned a bachelor of arts degree, cum laude, from Harvard University in 1975. He graduated from Harvard Law School with a Doctor of Laws degree in 1978, where he edited the Harvard Law Review. He also is a graduate of the London School of Economics. Following graduation from law school, he served as a law clerk for Supreme Court Justice William J. Brennan. In 1987, he received the United States Department of Justice John Marshall Award for Trial Litigation and the Legal Award of the Association of Federal Investigators. In 1992, he was recognized with the Anti-Defamation League of B’nai B’rith’s Distinguished Public Service Award and the United States Department of Health and Human Services Prosecutive Leadership Award in 1994.

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P RO F E S S O R

FRANCES MILLER P RO F E S S O R O F L AW AT B O S TO N U N I V E R S I T Y S C H O O L O F L AW

2002 MERCK

VISITING SCHOLARS Frances Miller and Russell Korobkin In 1994, with the generous help of Merck & Co., the Health Law & Policy Program at Seton Hall University School of Law established an annual visiting scholar program to invite two renowned health law scholars to lecture during the course of the year.Today, the Merck Visiting Scholar program continues to offer Seton Hall law students the unique opportunity to learn from nationally recognized law scholars from law and medical schools across the country. This year, Frances Miller and Russell Korobkin have accepted our invitations to be the 2002-2003 Merck Visiting Scholars. During their residence at the Law School, the Merck Scholars will lecture in health law classes and make presentations to the Law School faculty and the New Jersey bar on current issues in their areas of expertise. Frances Miller, professor of law at Boston University School of Law, will be in residence at Seton Hall Law School from Oct. 10 to 17, 2002. Professor Miller is one of the foremost experts on American health care law and policy as well as a specialist on comparative health systems. In 1993 she served as a consultant to the White House Task

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P RO F E S S O R

R U S S E L L KO RO B K I N P RO F E S S O R O F L AW AT T H E UNIVERSITY OF CALIFORNIA

Force on Health Care Reform. She also has been awarded two Fulbright Scholarships to research the effects of competition on British health systems, and a Kellogg Foundation National Fellowship to study the delivery of health care in Europe, Africa, South America, the Middle East and China. Professor Miller has published extensively on a variety of health law issues, including organ transplantation, informed consent and fiduciary issues, medical malpractice, competition in health care and antitrust problems. Forthcoming works include Health Resource Allocation and the Law: Who Gets What and Why? (A Cross-Cultural Comparison) (Dartmouth Press), and Managed Care Organizations: The Key to Guideline Implementation? (Nullfield Foundation Press). She received her juris doctorate degree, cum laude, from Boston University School of Law, and her undergraduate degree from Mount Holyoke College. Russell Korobkin, a professor of law at the University of California at Los Angeles, will be in residence at Seton Hall Law School during the week of March 24, 2003. At UCLA, Professor Korobkin, teaches Negotiation, Contracts, Health Care Law and Law and Behavioral Science. His scholarship focuses on the application of economics, behavioral economics, and cognitive psychology to legal policy, contract law, legal negotiation and health law. His scholarship focuses on the application of the economics, behavioral economics, and cognitive psychology to legal policy, contract law, legal negotiation and health law. Professor Korobkinâ&#x20AC;&#x2122;s textbook, Negotiation Theory and Strategy, will be published in 2002. After receiving his juris doctor degree from Stanford University, he clerked for the Honorable James L. Buckley of the U.S. Court of Appeals for the D. C. Circuit, and was an associate at Covington & Burling in Washington, D.C. He has been on faculty at the UCLA Law School since 2000. For more information about the health programs that will be offered during the 2002-2003 academic year, contact (973)642-8871 or view our web site at law.shu.edu/healthlaw_programs.

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P RO F E S S O R S T E P H E N L U B B E N

Stephen J. Lubben has joined the Seton Hall University School of Law faculty. Prof. Lubben, a transplant from Los Angeles, recently worked as an associate at Skadden, Arps, Slate, Meagher & Flom, where he represented major corporations in Chapter 11 cases throughout the country. Prof. Lubben explained that he has long anticipated moving from practice to academia, and is delighted to break into teaching with Seton Hall Law. “Seton Hall offers a unique mix of opportunities. My experience in practice will be especially relevant to those students who want to go to New York and work for a big firm. Similarly, my research will benefit from being close to the financial hub of the United States. I also really appreciate the relaxed environment at Seton Hall — in particular, the open relationship I saw between students and professors — which I know will make it easier for me to become a successful teacher.” Prof. Lubben also indicated that he was drawn to Seton Hall by its strong corporate law program. “I was very impressed by (Professor) Tim Glynn’s efforts to create a strong group of classes and faculty dedicated to corporate law,” he said. “I look forward to adding my experience to the group, and learning from the other professors in the group who come at these same issues from a variety of backgrounds.” Prof. Lubben is the author of several recent publications, including, Some Realism About Reorganization: Explaining the Failure of Chapter 11 Theory (Dickinson Law Review, 2001); and The Direct Costs of Corporate Reorganization: An Empirical Examination of Professional Fee in Large Chapter 11 Cases (American Bankruptcy Law Journal, 2000). “Seton Hall Law School grows stronger when we bring in professors with diverse backgrounds, and Prof. Lubben clearly fits that mold,” said Patrick Hobbs, dean of Seton Hall Law School.“His expertise in corporate law and his excitement to bring that experience to the classroom will be an enormous advantage to students.” Professor Lubben worked in the New York office of Skadden, Arps, Slate, Meagher & Flom for two years before transferring to Los Angeles, his hometown. Before Skadden, Arps, Lubben clerked for the Honorable John T. Broderick, Jr., an associate justice on the New Hampshire Supreme Court. He received his bachelor’s degree in history from the University of California, Irvine, his juris doctorate degree, magna cum laude, from Boston University School of Law, where he was a member of the law review, and his LL.M from Harvard Law School, where he was a teaching fellow. Prof. Lubben will be teaching Business Associations in the fall, and Corporation Finance and Bankruptcy in the spring. Next year he also expects to teach a class on corporate reorganization under Chapter 11 of the Bankruptcy Code.

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FACULTY

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NEW

ADMINISTRATION

A S S I S TA N T D I R E C TO R O F L E G A L R E S E A R C H A N D W R I T I N G / A S S I S TA N T D I R E C TO R O F A C A D E M I C S U P P O RT / P RO F E S S O R CHRISTINA BENNETT

Christina Bennett, ’94, joined Seton Hall University School of Law in January 2002 as assistant director of legal research & writing, as the assistant director of academic support and as a professor in the Legal Research & Writing Program. In her position, Professor Bennett assists in the design and implementation of both the Legal Research & Writing and Academic Support Programs. In addition, she teaches legal research and writing to first year students and offers academic support to both first year part-time day students and other students who need additional support with their studies. In conjunction with these responsibilities, Professor Bennett teaches a course in the Legal Education Opportunities Institute (LEO), where she guides students seeking to enter law school in the Legal Methods course which incorporates legal analysis and legal writing (see related article, page 20). “One of the overall goals of the Academic Support Program is to demystify what students need to know to succeed in law school,” she said. “Our goal is to create programs that offer students opportunities to perform at their highest capacities, and to succeed in their legal careers. In Legal Research & Writing our goal is to help students build a firm foundation for the types of research and writing they will engage in throughout their careers, in other academic writing experiences, and in clerkships.” Professor Bennett clerked for Chief Justice Robert N.Wilentz, of the New Jersey Supreme Court in 1995. Before coming to Seton Hall Law School, she worked at UBS Paine Webber, Inc., as counsel and divisional vice president, where she represented the financial services company in mediations and settlement negotiations involving client complaints and inquiries from securities regulators. Prior to that, she was an associate with Riker, Danzig, Scherer, Hyland and Perretti LLP in Morristown, N.J., where she worked in the firm’s commercial litigation group. She received her bachelor of science degree in food service administration from Howard University, Washington, D.C., and her juris doctorate degree from Seton Hall University School of Law. Although her undergraduate degree is not one traditionally selected by those pursuing a law degree, Professor Bennett always knew that she wanted to be in the legal profession, to write, and ultimately, to return to academics. “I always knew I wanted to return to academia, and because I went to law school here, Seton Hall made perfect sense. I believe in the school’s principles, values and demand for high quality work.” She added, “Mostly, I knew that Seton Hall Law would greatly benefit from the Academic Support Program that recently started. Ultimately, programs like this help to increase the bar passage rate, as well as ease the transition from student to lawyer.” She resides in West Orange, N.J., with her daughter, Christina Jordan Bennett-Spearman, age 8.

SETON HALL LAW

seton hall university school of law

ADMINISTRATION

NEW Recently joining Seton Hall Law School as director of financial aid is Susan Gross, an administrator with a solid professional background in higher education. Ms. Gross is responsible for the management of all programs of financial assistance (scholarships, grants, loans and work-study) for students at the Law School. She works closely with the Admissions and Financial Aid committee, as well as with other areas involving enrollment services. Prior to joining Seton Hall Law School, Ms. Gross worked at PeopleSoft, Inc., Teaneck; New York University as well as its College of Dentistry; and Marymount College. She received her bachelorâ&#x20AC;&#x2122;s degree from Muhlenberg College, Allentown, Pa., and her masterâ&#x20AC;&#x2122;s degree from New York University. She resides in Towaco, N.J., with her husband Ian, and children, Allison and Benjamin.

D I R E C TO R

Christine Quinn was recently appointed director of law school communications for Seton Hall Law School. Her responsibilities include coordinating and overseeing publications and brochures, and increasing media placement of faculty and administration. She will play an integral role in promoting the reputation of the Law School and will work closely with faculty, staff and administration. Ms. Quinn was previously employed with the Saint Barnabas Health Care System as project coordinator for System publications and cable television programs. She is a graduate of St. Bonaventure University, St. Bonaventure, N.Y., where she received her bachelor of arts in journalism/mass communication, and obtained her master of arts in Strategic Communication and Leadership from Seton Hall University. Ms. Quinn resides in Springfield, N.J.

D I R E C TO R

www.law.shu.edu

OF FINANCIAL AID SUSAN GROSS

O F L AW S C H O O L C O M M U N I C AT I O N S CHRISTINE QUINN

Deana Cynar was recently appointed assistant to the deans for the Law School. Ms. Cynar, a Newark resident, is responsible for working independently and simultaneously on a wide variety of projects. Ms. Cynar is heavily involved with the U.S.News & World Report survey and the American Bar Association Report by gathering and collecting data. She interacts with the University, the Law School, and members of the Newark and legal communities. She oversees the operation of the Office of the Dean and provides direction to the staff. Ms. Cynar brings a wealth of Law School experience with her in her new position, having worked at the Law School for 16 years in the offices of Career Services, development and bursar departments. She received both her bachelor of arts degree and master of arts degree from Seton Hall University.

A S S I S TA N T TO T H E D E A N S DEANA CYNAR

Seton Hall University School of Law students

In 1971

formed an organization that would be responsive to the needs of black law students. Today, the National Black Law Student Association has more than 200 chapters at accredited and nonaccredited law schools throughout the country. The chapters represent more than 6,000 black law students in six regions, which encompass 48 states, and Puerto Rico. Pictured here at Seton Hall University School of Lawâ&#x20AC;&#x2122;s local chapter BLSA annual dinner are, from left, Patrick E. Hobbs, dean, Seton Hall University School of Law; the Hon. Theodore Z. Davis, presiding judge, Chancery

Division, Camden County; Brenda Saunders Hampden â&#x20AC;&#x2122;77 recipient of the Alumnae of the Year Award, BLSA, and associate professor of law, Seton Hall University School of Law; The Hon. Justice James H. Coleman, Jr., recipient of the Outstanding Achievement in the Field of Law, BLSA, and associate justice, New Jersey Supreme Court; and The Honorable Ronald J. Freeman, assignment judge, Camden County.

SETON HALL LAW

seton hall university school of law

REUNION

WEEKEND

Seton Hall University School of Law celebrated its First Annual Reunion Weekend on May 17-18, 2002. Graduates of the classes of ’67, ’72, ’77 and ’82 came together to celebrate with former classmates, renew old friendships and reminisce about days gone by.

TOGETHER AGAIN

AFTER 35 YEARS

Members of the Class of ’67 gather for a photo during Reunion Weekend with some of their former professors and other members of the law school community.

“ It was a wonderful experience to renew friendships with classmates who have prospered in varied aspects of the profession of law over those three and one half decades and to realize that so many of our classmates have ascended the bench. Seeing the wonderful new building that our contributions helped to build, meeting with the enthusiastic current faculty, and enjoying the company of fine lawyers whom we first met almost 40 years ago and shared so much, were simply profoundly warm experiences for all of us. I hope we conveyed our appreciation to Professors Carey, Diab, Lynch and McQuade and their absent colleagues for what their sound pedagogy helped us become.” – Terry Connor ’67 32

www.law.shu.edu

Left to right: Lisa Barsanti Hoyt, assistant dean for alumni and development, Christine Heffner Steinberg ’77, and Anna P. Navatta ’82.

Otto Scerbo ’82, Professor Michael Ambrosio and Gary Bavero, assistant dean for academic affairs and policy.

LET’S NOT WAIT A N OT H E R 3 0 Y E A R S “The anniversary year receptions of the inaugural Reunion Weekend got this annual affair off the ground in great style. The Class of ’72 turnout, as usual, showed a high level of enthusiasm. It was exciting to see the enormous diversity of paths and accomplishments of my former classmates. The post-Seton Hall Law School careers of so many have raised the Law School to great prominence.” – Patricia Koch ’72

Members of the Class of ’72 gather for a group photo during Reunion Weekend.

SETON HALL LAW

seton hall university school of law

Class NEWS & NOTES 1950s

Daniel M. Hurley ’67, of Mantoloking, N.J., was reelected president of the New Jersey State Bar Foundation. He is a certified civil trial attorney

Bernard M. Hartnett Jr. ’55, of Jersey City N.J., was

specializing in civil litigation with an emphasis on

appointed county executive of Hudson County, N.J.

medical malpractice and products liability. Michael Greenwood ’69, of East Brunswick, N.J., was elected chair of the New Jersey State Bar Association Workers

1960s

Compensation Section Executive Committee. He is a partner at Carpenter, Bennett & Morrissey. The

Thomas F. Kelaher ’60, of Toms River, N.J., was

Honorable Stephen B. Rubin ’69, of Flemington,

appointed prosecutor for Ocean County. He

N.J., was appointed family court judge of the Superior

previously served as municipal prosecutor in several

Court of New Jersey, Somerset County. He previously

New Jersey communities. He is a former president of

served for five years as Hunterdon County prosecutor.

the Ocean County Bar Association where he chaired the Ethics Committee, is vice chairman of the

1970s

Board of Trustees of Saint Barnabas Health Care System, and chairman of Clara Maass Medical Center

in Belleville. He also is a former marine. Robert

George G. Whitmore ’70, of Little Silver, N.J.,

Baechtold ’66, of New York City, was ranked as a

joined the firm of Ansell Zaro Grimm & Aaron, as a

leading U.S. Intellectual Property attorney by

member. He practices in the firm’s matrimonial law

World’s Leading Lawyers Guide 2002-2003. He is a

department. Carolyn L.Willson ’70, of New York

partner at Fitzpatrick, Cella, Harper & Scinto in

City, was appointed legal adviser to the United States

New York City and practices in the area of intellectual

Mission to the United Nations, which assists the U.S.

property, primarily in the fields of pharmaceuticals,

president and Department of State in conducting

biotechnology, chemistry and polymeric materials.

policy at the U.N. Fred Theemling Jr. ’72, of

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Weehawken, N.J., was nominated by Governor James

She also serves on the Bar Foundation’s Program

E. McGreevey to become a judge. He is currently the

Development, Conflict Resolution and Law-Related

Hudson County Prosecutor. Patrick J. Diegnan ’73,

Education Committees. She is currently the

of South Plainfield, N.J., was elected to the New

supervisor of Social Studies for Westfield Public

Jersey State Assembly for the 18th District. Since

Schools. Jerome A. Ballarotto ’79, of Trenton,

1974, he has been in private practice in South

N.J., became special counsel at the firm of Szaferman,

Plainfield. His previous positions include municipal

Lakind, Blumstein, Watter, Blader, Lehmann &

attorney for South Plainfield and Milltown, and

Goldshore, P.C. He concentrates on criminal,

chairman of the South Plainfield Senior Citizen’s

administrative and regulatory defense, internal and

Advisory

Honorable

external corporate investigations. The Honorable

Lawrence Latore ’74, of Watchung, N.J., was

Thomas Critchley ’79, of Madison, N.J., was

appointed judge of the Superior Court of New

appointed family court judge of the Superior Court

Jersey, Somerset County. He has also served as

of New Jersey, Morris County. He has worked in the

councilman and zoning board attorney. Before

Morris County Prosecutor’s Office since 1982, most

opening a law practice in Newark, he worked as a

recently as head homicide prosecutor.

Commission.

The

Spanish teacher, social worker and real estate agent. The Honorable John E. Selser ’74, of Wayne,

1980s

N.J., was appointed family court judge of the Superior Court of New Jersey, Passaic County. Previously, he worked in Bergen County for 20 years in matrimonial

Kathleen M. Miko ’80, of Washington, D.C., was

law, served as president of the Bergen County Bar

named deputy general counsel of Capital Source’s

Association and was a trustee of the New Jersey Bar

Healthcare Finance group in Chevy Chase, Md. Prior

Association. Christine Bator ’75, of Princeton

to joining Capital Source, she was a partner at the

Junction, N.J., was named a trustee of the Mercer

law firm of Hogan & Hartson, L.L.P., and served as a

County Bar Association. Michael M. Rubbinaccio

trial attorney with the U.S. Department of Justice,

’77, of Randolph, N.J., was appointed prosecutor of

Commercial Litigation branch. Michael Quigley

Morris County in December 2001. Previously, he

’80, of Far Hills, N.J., formed the firm of Castano

served as a municipal prosecutor for Vernon

Quigley L.L.C., in West Caldwell. Holly Bakke ’82,

Township and was in private practice. The

of Lebanon, N.J., was selected by Governor James E.

Honorable Edward DeFazio ’78, of Jersey City,

McGreevy as New Jersey’s banking and insurance

N.J., was nominated by Governor James E.

commissioner. Since 1989, she has served as executive

McGreevey to become the next prosecutor of

director of the New Jersey Property-Liability Insurance

Hudson County. Prior to becoming a judge 14

Guaranty Association, the New Jersey Surplus Lines

months ago, he was in the Hudson County

Insurance Guaranty Fund and the New Jersey Medical

Prosecutor’s Office for more than 20 years, half of

Malpractice Reinsurance Association. She is a former

that time he was first assistant. Maria Schmidt ’78,

state deputy commissioner of insurance litigation

of Readington Township, N.J., has been reappointed as

practices. The Honorable Michael L. Ravin ’83,

a trustee of the New Jersey State Bar Foundation.

of Verona, N.J., was appointed judge of the Superior

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Class NEWS & NOTES

Court of New Jersey. He is a member of the Essex

Waterbury, Conn. JoAnn LaSala Candido ’86, of

County and New Jersey State Bar Associations. He

Cedar Grove, N.J., was honored by the Essex County

has served as an administrative law judge since 1999

Legal Services Foundation Volunteer Lawyers for

and previously served as an assistant prosecutor in

Justice Program. Maureen Mantineo ’86, of

Essex and Bergen counties. Marne Sherman ’83, of

Guttenberg, N.J., was nominated to become a judge of

Columbia, S.C., formed Sherman & Bouknight, P.A.,

the Superior Court of New Jersey. She has been in

with Doni Bouknight.The firm specializes in domestic

private practice as a criminal defense attorney for the

relations law in all courts of South Carolina. Carol L.

past 15 years. Ellen O’Connell ’86, of Basking

Forte ’84, of Flanders, N.J., was named a top litigator

Ridge, N.J., was re-elected treasurer of the New Jersey

in a December 2001 National Law Journal article,

State Bar Foundation. She is an attorney with

“Women at the Top - Fifty litigators who succeed in

Skadden, Arps, Slate, Meager & Flom, L.L.P. She

and out of the courthouse.” She is a partner at the

concentrates in the area of labor and employment

firm of Blume Goldfaden Berkowitz Donnelly Fried &

law. Karol Corbin Walker ’86, of Morris Township,

Forte, where she specializes in the area of medical

N.J., was named president-elect of the New Jersey

malpractice. Michael Dillon ’85, of Teaneck, N.J.,

State Bar Association. She is a member at the firm of

formed the law firm of Krumholz Dillon, P.A. Nancy

St. John & Wayne, L.L.C., in Newark. John Boyle ’87,

Isaacson ’85, of Maplewood, N.J., joined the firm of

of Westfield, N.J., joined the firm of Lindabury

Goldstein Lem & Isaacson, P.C.The firm was previously

McCormick & Estabrook, Pa. Noreen Hagerty-

named Goldstein Lem. Janet B. Malay ’85, of Basking

Ford ’87, was recently promoted to the rank of

Ridge, N.J., joined the firm of Somers & Malay as a

commander in the United States Navy. She currently

member. The firm specializes in personal injury and

serves on active duty with Commander, Submarine

commercial law. Richard M. Marano ’85, of

Group 7 in Yokosuka, Japan, where her duties include

Oxford, Conn., was honored in June 2002 by the

providing operational and legal advice to the

Italian vice consulate for his dedication and

submarine community. Lisa Rose ’87, of West New

commitment to the Italian culture. He practices in

York, N.J., joined the firm of Melito & Adolfsen as an

The Honorable Dennis M. Cavanaugh ’72, federal court judge, was honored for his accomplishments as U.S. District Court Judge at the Sixth Annual Judge’s Reception held in April. Pictured left to right are, The Honorable Thomas P. Zampino ’74, Superior Court Judge, Essex County; Judge Cavanaugh; and Patrick E. Hobbs, dean of Seton Hall University School of Law.

www.law.shu.edu

Minette Barrocas ’05, was the proud recipient of the 2001 LEO scholarship which was presented at last year’s LEO dinner. Pictured here from left to right are, Patrick E. Hobbs, dean of Seton Hall University School of Law; Ms. Barrocas; Karol Corbin Walker ’86, president-elect for the New Jersey State Bar Association; and Brenda Saunders Hampden ’77, professor of law and director of the LEO program.

associate in the Jersey City office.The firm specializes in

Destribats, Campbell, DeSantis & Magee. He is in the

insurance, environmental, personal injury, products

litigation division, specializing in personal injury and

liability, professional liability defense and general

criminal defense. Previously, he was a partner at Staub

commercial business litigation. Jessica Mayer ’88, of

& Summers and a municipal prosecutor in Trenton.

Woodbridge, N.J., was sworn in as a judge of the

Michael R. DeCotiis ’91, of River Vale, N.J., was

Superior Court of New Jersey. She was previously of

appointed the new deputy executive director of the

counsel at Greenbaum, Rowe, Smith, Ravin, Davis &

Port Authority of New York and New Jersey in June

Himmel. Iryna Lomaga Carey ’89, of Glen Ridge,

2002. He is a member at DeCotiis, FitzPatrick, Gluck &

N.J., was named special counsel at the firm of Cole,

Cole, L.L.P. He practices in the areas of environmental

Schotz, Meisel, Forman & Leonard. She practices in the

law and regulatory compliance. John Pinho ’91, of

areas of commercial and real estate transactions.

Harrison, N.J., formed the firm DaSilva & Pinho, L.L.C.,

George P. Stasiuk ’89, of Belleville, N.J., joined Poff &

located in Newark, N.J. Gregory Castano Jr. ’92, of

Bowman, L.L.C., in Ramsey, N.J., as counsel. He practices

West Caldwell, N.J., formed the firm of Castano

in the areas of labor and employment law, commercial

Quigley L.L.C., located in West Caldwell. Reni Erdos

litigation and corporate law.

’92, of Summit, N.J., was named director of the New Jersey Division of Consumer Affairs. While in law school, she worked at the Division of Consumer

1990s

Affairs as a legislative liaison. She also taught legislation as an adjunct professor at the Law School from 1995 Paula M. Dillon ’90, of Teaneck, N.J., has become an

– 2000. James L. Lott Jr. ’92, of West Caldwell, N.J.,

associate at the firm of Krumholz Dillon, P.A.

was appointed counsel to the West Caldwell Zoning

Jacquelin O’Donnell ’90, of Sparta, N.J., is

Board of Adjustment. He is a partner in Riker, Danzig,

president of the Sussex County Bar Association. Most

Scherer, Hyland & Perretti, L.L.P.’s governmental affairs

recently, she was the president-elect and has also held

group. He focuses on obtaining approvals for land

the positions of vice president, secretary and

development. Matthew J. Giacobbe ’93, of

treasurer. Since 1993, she has been in private practice

Oakland, N.J., became partner at the firm of Scarinci

with her husband, David Dumbroff ’90, at

& Hollenbeck, L.L.C. He is co-chair of the Labor &

O’Donnell & Dumbroff in Sparta, N.J. Raymond

Employment Law Group and the Education Law

Staub ’90, of Trenton, N.J., joined the law firm of

Group. Steven C. Mannion ’93, of South Orange,

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Class NEWS & NOTES

N.J., became a partner in the law firm of DeCotiis,

securities law. Scott S. Steill ’94, of Richboro, Pa.,

FitzPatrick, Gluck, Hayden & Cole, L.L.P., in Teaneck, N.J.,

became an associate at the law firm of Golden,

where he specializes in commercial and constitutional

Rothschild, Spagnola, Lundell, Levitt & Boylan, P.C., in the

law. Prior to that, he clerked for the Superior Court of

firm’s Bridgewater office. His practice areas include

New Jersey, Appellate Division and served as assistant

insurance defense and general litigation. Jacqueline

corporation counsel for Essex County. He is also a

M. Bartley ’95, of Middletown, N.J., graduated from

lieutenant, junior grade, in the Judge Advocate General’s

Leadership New Jersey, a program designed to expose

Corps of the New Jersey Naval Militia. Reyes

today’s emerging leaders to the challenges facing New

Quinones ’93, of Eatontown, N.J., was honored by the

Jersey. She works for the Rutgers University Foundation

Latino American Committee of Monmouth County for

as director of development for the College of Nursing.

outstanding service to the community. He is a detective

David Pascrell ’95, of Paterson, N.J., was named

sergeant with the Monmouth County Prosecutor’s

counsel at Gibbons, Del Deo, Dolan, Griffinger &

Office and has more than 38 years of experience in law

Vecchione. He will practice government and regulatory

enforcement. Adam Rothenberg ’93, of Scotch

affairs in the firm’s Trenton office. Craig A.

Plains, N.J., became a partner with Levinson Axelrod in

Domalewski ’96, of Verona, N.J., was named partner

July 2001. Linda A.Tancs ’93, of Roselle Park, N.J., was

with the firm Dughi, Hewit & Palatucci, P.C. He will

appointed to the Union County Division of Cultural

continue to practice in the areas of product liability

and Heritage Affairs Advisory Board for a one-year

defense, insurance coverage, commercial litigation and

term. She is an attorney at Norris, McLaughlin &

commercial transactions. Anthony Fernandez ’96,

Marcus, P.A., specializing in information technology and

returned to the firm of Riker, Danzig, Scherer, Hyland &

e-commerce law. James DeNorscia ’94, of

Perretti, L.L.P., as an associate. He practices in the firm’s

Bergenfield, N.J., was promoted to partner in the

tax and estates and trusts group. Jeralyn L. Paulson-

Hackensack law firm of Sonageri & Fallon, L.L.C. He is

Lawrence ’96, of Watchung, N.J., was appointed to

certified by the Supreme Court of New Jersey as a civil

the Conference Committee of the Family Law Division

trial attorney and is an active New York City trial

of the New Jersey State Bar Association. She is an

attorney concentrating in product liability defense and

associate with Norris, McLaughlin & Marcus, P.A., and

A group of Seton Hall Law School alumni and members of the New Jersey State Bar Association gather at Seton Hall’s reception held at the Tropicana Casino and Resort on May 22.

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Mary Jo White, the former United States Attorney for the Southern District of New York, was the 2002 recipient of the Sandra Day O’Connor Medal of Honor Award. The Women’s Law Forum, Legislative Bureau and Law Review present the Award annually to a woman who has distinguished herself in the field of law and public service. Pictured here, from left, are Karen Stalter ’02, Editor of the Seton Hall Law Review; Mary Lynn Murphy ’02, editor in charge of staffing and symposia; Ms. White; Lauren Makar ’02, chair of the Women’s Law Forum; and Kim Hughes ’02, student director of the legislative bureau.

practices family law litigation and mediation. Previously,

Previously, he served four years in the Marine Corps at

she clerked in the Superior Court of New Jersey, Essex

U.S. Embassies in Saudi Arabia and Brazil. Andrew T.

County. Davin P. Cellura ’97, of North Babylon, N.Y.,

McDonald ’99, of Scotch Plains, N.J., became an

is an associate at the New York City office of Thelen

associate for Hill Wallack in Princeton, N.J. The firm

Reid & Priest, L.L.P. He practices in the areas of labor

specializes in civil litigation, personal injury, products

and employment law. Laura Corvo ’97, of New York

liability, real estate and employment and labor law.

City, became an associate with Genova, Burns & Vernoia in Livingston, N.J., specializing in labor and employment law. Previously, she clerked for the Honorable Ross R.

2000s

Anzaldi, Superior Court of New Jersey, and the Honorable John F. Malone, Superior Court of New

Michael A. Gallardo ’00, of Linden, N.J., became an

Jersey. Stacey Adams ’98, of South Orange, N.J.,

associate for the firm of Harwood Lloyd, L.L.C. The

joined DeCotiis, FitzPatrick, Gluck & Cole, L.L.P., as an

firm specializes in insurance, products liability, medical

associate in the firm’s labor and employment

malpractice, environmental law, real estate, and family

department. She will focus on a variety of issues that

law. Meredith H. Marcus ’00, of Bridgewater, N.J.,

arise in the workplace including diversity, sexual

became an associate for the firm of Purcell, Ries,

harassment

litigation. Kris Ann

Shannon, Mulcahy & O’Neill. Prior to joining the firm,

Cappelluti ’98, of North Arlington, N.J., joined Klehr,

she clerked for the Honorable John F. Richardson,

Harrison, Harvey, Branzburg & Ellers L.L.P., as an

Superior Court of New Jersey, Somerset County.

associate in the firm’s Cherry Hill office. She specializes

Tara Rice ’00, of New York City, accepted a position

in commercial litigation. Orville R. Cockings ’98 of

as vice president of Legal Services at Fleet Bank. She

Parsippany, N.J., joined the firm of Lerner David

specializes in providing law firms and solo

Littenberg Krumholz & Mentlik as an associate.The firm

practitioners with customized banking products and

specializes in intellectual property and entertainment

services. Lorraine C. Monjoy ’01, of Andover, N.J.,

law. Shane Freedman ’98, of Manalapan, accepted

became an associate for the firm of James M. Porfido,

a position as general counsel with Cytodyne

L.L.C.The firm specializes in the areas of criminal law

Technologies, Inc. Joseph Agostino ’99, of Secaucus,

and real estate law. Nicole S. Perdoni - Byrne ’01,

joined the firm of Selitto Behr & Kim as an associate.

of Helmetta, N.J., became an associate for the firm of

Rodney Galarza ’99, of Scottsdale, Ariz., passed the

Hill Wallack. The firm specializes in civil litigation,

Arizona Bar Examination and is currently clerking for

personal injury, products liability, real estate and

the Superior Court of Arizona, Maricopa County.

employment and labor law.

and

OSHA

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seton hall university school of law

Class NEWS & NOTES The 2002 Women of Substance Award was presented to The Honorable Carol Ferentz. The award honors women who have dedicated their careers to the improvement of the law or legal system. Pictured here, from left, are Patrick E. Hobbs, dean, Seton Hall Law School; Kathleen Boozang, associate dean of academics, Seton Hall Law School; Judge Ferentz; and Lauren Makar ’02, chair of the Women’s Law Forum at Seton Hall Law School.

SCHOLARSHIPS

The Health Law & Policy Program of Seton Hall University School of Law and the law firm of Gibbons, Del Deo, Dolan, Griffinger & Vecchione, of Newark, N.J., awarded Jersey City, N.J., resident and second year law student Gargi Pahuja with a fellowship program that includes a $10,000 scholarship for her legal education and summer employment in the Health Care Practice Group of the law firm. Pictured here are members of Gibbons, Del Deo, Dolan, Griffinger & Vecchione law firm Health Care Practice Group with Pahuja. Seated from left are Marta M. Klajman, associate; Denelle J. Waynick, director; Gargi Pahuja, the Gibbons Health Law fellow; and David M. Hyman, chair, Health Care Practice Group. Standing from left, are Nicole DiMaria, associate; David J. Sheehan, managing director of the firm; Nicole Huberfeld, associate; Kerry M. Parker, chair, Employment and Labor Practice Group; John V. Jacobi, professor and associate director of the Health Law & Policy Program at Seton Hall Law School, and counsel to the law firm; and Bruce A. Levy, counsel.

Kalison, McBride Jackson, and Murphy Scholarship. The Health Law & Policy Program at Seton Hall University School of Law and the law firm of Kalison, McBride, Jackson, and Murphy, P.A., of Liberty Corner, N.J., have established a $5,000 scholarship for a student’s tuition for the first year at Seton Hall Law School. The scholarship winner will be announced in the spring and acknowledges an incoming student who demonstrates an interest in health law, and who shows promise as an attorney in this practice area which has continuing important public policy ramifications for all citizens. 40

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SEND IN YOUR NEWS…

M A R R I AG E S

Jean Dusinski ’92 to Lawrence Sher Arthur David Malkin ’94 to Karma Oded Karen Ann Terracciano ’96 to

Share recent news of your:

Benjamin Del Vento Jr.

• NEW JOB OR PROMOTION. Include your new title, the full name and location of your firm and your previous position.

Davin P. Cellura ’97 to Lisa Thompkins Marianne Calabrese ’98 to Douglas Jones Todd Senkiewicz ’98 to Suzanne Cressman

• PROFESSIONAL OR EDUCATIONAL ACHIEVEMENT. Completion of advanced degree, professional certification, accreditation or other achievements. Include the full name of the granting institution or association.

Scott C. Andrews ’00 to Stacey Bissey Todd Forman ’00 to Lauren Eckstein Raynard Yuro ’00 to Beth H. Horowitz

• AWARD OR HONOR. Include the name of the award and the organization, along with the month of conferral.

Merric Polloway ’00 to Bridget Keysa ’00 Michael S. Simitz ’01 to Tina Miliano

• MARRIAGE. Provide the name of your spouse and Seton Hall Law affiliation, if applicable. B I RT H S

• BABY. Provide the parents’ names and the baby or child’s name, gender and birth date or age.

The Honorable Ronald G. Marmo ’67, celebrates

We’ll publish your news in an upcoming issue of Seton Hall Law.

the births of twin grandchildren, a boy and a girl, in May announce the birth of their son, Alexander Jeffrey in June 2001. Stephanie Mergel Hadley ’91 and Steven Hadley, announce the birth of their daughter, Elizabeth Ann in April 2001. Paul DeGrado ’96 and Alicia

cut along dotted line

2002. Julie Platt-Politano ’90 and Jerry Politano,

Name Class Year Business Address

DeGrado, announce the birth of their twin boys, Paul Jr. and Alexander, in October 2001. Debra (Polglaze)

Home Address

Lightner ’97 and Dan Lightner, announce the birth of their daughter, Alyssa Karen, in March 2002. Heather Madrigal ’00 and Fernando Madrigal, announce the

Work Phone/Home Phone E-mail Address

birth of their twin boys, Justin Fernando and Derek Fernando, in September 2001. Professor Rachel D.

News to share with Seton Hall classmates:

Godsil and Jim Freeman, announce the birth of their daughter, Rebecca, in July 2002.

MEMORIUM

James O’Halloran ’55 Michael Holub ’76 Angel R. Peña Fernandez ’83 Richard Shapiro ’87

Please send or fax this form to: Seton Hall Law One Newark Center, Newark, NJ 07110 Attn: Shannon Philpott Fax: (973) 642-8799 E-mail: lawalum@shu.edu

Seton Hall University School of Law E-Mail: lawalum@shu.edu, Web: law.shu.edu

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