Seton Hall Law School Fall 2006 Magazine

Seton Hall Law FALL TWO THOUSAND AND SIX • VOL. 8 ISSUE 1 News for Alumni and Friends of the Seton Hall University School of Law

FOR MORE INFORMATION, CONTACT: Kathleen Brunet Eagan Communications Consultant Law School Communications (973) 642-8724 eagankat@shu.edu We’d like to hear from you.

Please contact us at lawalum@shu.edu.

Table of Contents Letter from the Dean . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Letter from the Alumni Council President . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Law School Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 The Incapacity of Public Schools to Educate Stigmatized Minorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Turning Educational Equity into an Urban Reality . . . . . . . . . . . . . . . . . . 12 Mediation Keeps the Downtown Core Moving . . . . . . . . . . . . . . . . . . . . . 13 Urban Health Prisoner Re-entry: Obligations and Opportunities . . . . 14 Kelo: Is Government Worthy of Such Power? . . . . . . . . . . . . . . . . . . . . . . . 18 Faculty Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Faculty Books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2006-2007 Merck Visiting Scholars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 New Administrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2006 Distinguished Graduate Timothy G. Rothwell . . . . . . . . . . . . . . . . . 28 Affecting the Quality of Life of Your Day . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Class News & Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 From Seton Hall Law to The Judge Advocate General’s School . . . . . . 40 An Odyssey of Achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Letter from

THE DEAN As Dean of Seton Hall Law, I look forward to the opportunity each issue of our alumni magazine provides to highlight the work and contributions of our faculty, alumni, and students.

It is a chance to share with you the reach of our faculty’s scholarship, the success of our alumni, the good work being performed by our students, and our role in addressing legal issues that unite with our commitment to public service. In this issue, we turn our focus to how the people of Seton Hall Law are working to assist our nation’s urban areas as part of fulfilling our social justice mission.

Located in New Jersey’s largest city and within 20 minutes of New York City, our Law School is well positioned to play a role in the revitalization of areas in need. As the global economy has replaced industrialized society, urban areas have had to reinvent themselves to thrive within a new framework. Some have been more successful than others, as certain economic and societal issues have remained unresolved.

Under the leadership of Associate Professor Shavar Jeffries, our Civil Litigation Clinic has made educational equity one of its top priorities. As you will read, it is a mission both professional and personal in nature for Professor Jeffries. He is committed to ensuring all of New Jersey’s children get a solid start.

With our nationally respected Health Law & Policy Program, health care is yet another important area where Seton Hall Law is making a contribution. In this issue, Professor John Jacobi, a highly respected expert on health access and civil rights, outlines the connections between urban health disparities and the inadequacies of prison health care.

Also in this issue, alumnus Scott Sawyer shares his thoughts on representing Susette Kelo in the landmark eminent domain case Kelo v. City of New London. And you’ll also find an article on the new stadium being built in Newark. As Dean of Seton Hall Law, I have been privileged to play a role in Newark’s decision to move forward with a downtown stadium and its associated redevelopment. It’s been quite a process and experience, and one that, hopefully, will reap benefits for the city and its residents for years to come.

A new addition to this issue is “Law School Briefs”, a section where we can provide a more comprehensive overview of the range of scholarship, service, and activities of the Seton Hall Law community. One of the items you will find there is an article about The Guantanamo Reports, which were researched and written by Professor Mark Denbeaux with the assistance of eight Seton Hall Law students and his son Joshua, a 1994 graduate of Seton Hall Law. Reported around the world in print, on TV, and online, the studies revealed a number of previously unreported facts about the detainees at Guantanamo Bay. Both Professor Denbeaux and Professor Baher Azmy have been serving as legal counsel to three of those detainees, one of whom was released this past August.

In closing, I’d like to take this opportunity to thank each one of you who has contributed to our annual fund, volunteered for or participated in one of our events, assisted our students, or shared your thoughts and opinions. It is your involvement and ongoing loyalty that keeps Seton Hall Law strong, growing, and gaining in prominence.

I trust you will enjoy reading through this issue. As always, your comments and feedback are welcomed and encouraged. In the meantime, may God bless you, your loved ones, and our Law School.

Patrick E. Hobbs

Dean and Professor of Law

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Letter from the Alumni Council President Frederic J. Regenye STAYING IN TOUCH It happens all the time. You run into an old classmate at a deposition or while waiting at the trial call, and you naturally start to reminisce about your days at Seton Hall Law. The topic, as always, will eventually turn to, “Hey, whatever happened to (fill in the blank)?”“I haven’t seen that person in years.” Our alumni ranks have grown by more than 360 following this year’s commencement on May 26. Rather than leave it to chance encounters and happenstance, I thought I would take this opportunity to let our recent graduates, as well as the not-so-recent, know that there are several opportunities throughout each and every year to stay in touch.

The Law School’s premier event is the annual Dinner Dance, an elegant black tie evening that takes place every spring. The dinner dance was held this year on April 22 and honored Timothy G. Rothwell, J.D. ’76, President and Chief Executive Officer of sanofi-aventis U.S. As always, a fantastic time was had by all.

One of our fastest growing events is the annual Young Alumni Night where recent grads have the opportunity to come together and catch up on what has been happening. The seventh annual evening took place last November at The Newark Club, as we also celebrated the reunion years of the classes of 1995 and 2000. Look for the eighth annual Young Alumni Night coming this fall.

Recently, our New York alumni expressed an interest in Manhattan-based events. As a result, a New York Chapter of our alumni was convened and tasked with responding to this need. The fruits of those efforts were realized this past February with a wonderful and well-attended reception at the Rock Center Cafe amidst the winter wonderland backdrop of the ice skaters at Rockefeller Plaza.

The chapter is hard at work on future events, so stay tuned for more to come.

The list goes on: the Alumni Golf Outing which takes place every summer; the annual Red Mass and the presentation of the St. Thomas More Medal, which is celebrated the last Sunday in September; the Alumni Reception at the New Jersey State Bar Association’s annual Atlantic City convention; the John J. Gibbons National Criminal Procedure Moot Court Competition, in which our alumni serve as judges for teams participating from all over the country; and the Seton Hall University School of Law American Inn of Court, where new members of the bar have the opportunity to gain practical trial experience from esteemed barristers and masters.

This is by no means an exhaustive list. Many more events take place throughout the year, and new events are added all the time.

Graduation is not the end, but merely the beginning, so be sure to take part in our events and remain part of the Seton Hall Law community. I look forward to seeing you at the next event!

Frederic J. Regenye, ’95 President, Seton Hall Law Alumni Council

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LAW SCHOOL BRIEFS

The

Guantanamo

Reports Seton Hall Law School gained worldwide media attention this year – online, in print, and on television – with the release of a series of comprehensive reports about the detainees being held at Guantanamo Bay.

Seton Hall Law students who have served as co-authors of The Guantanamo Reports pictured here are (l-r) David Gratz, Daniel Mann, Shane Hartman, Helen Skinner, Matthew Darby. (Not pictured: Shana Edwards, John Gregorek and Megan Sassaman.)

The Guantanamo Reports, researched and issued by Seton Hall Law, revealed that the majority of those being held at Guantanamo have not been shown to have committed a hostile act against the United States, and that they also pose little threat to their guards. Rather, they are more likely to harm themselves. Additionally, the reports found that under the Department of Defense’s own terrorist lists most would have been allowed into the country, rather than being held as “enemy combatants.”

The four reports were researched and written by Professor Mark Denbeaux; his son Joshua Denbeaux of Denbeaux and Denbeaux, a 1994 graduate of Seton Hall Law; and Seton Hall Law students David Gratz and John Gregorek, class of ’07, and Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman, and Helen Skinner class of ’08.

The studies showed that while some of the charges against the detainees reflect what might be expected of a group characterized as the “worst of the worst,” 55 percent of those being held had no hostile act listed as a basis for detention.

Additionally, the findings showed that members from 52 of the 72 groups listed by the Department of Defense as terrorist organizations – groups in which membership justifies indefinite detainment in Guantanamo – would be

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allowed into the United States under the State Department’s Designated and Other Foreign Terrorist Organizations or the Patriot Act’s Terrorist Exclusion lists. Only 20 groups on the Department of Defense’s list are included on either the State Department’s or Patriot Act’s terrorists lists. The reports also found that on a per-day basis, the detainees commit selfinjurious acts and attempt suicide more often than they commit any disciplinary violations.

The reports were cited by a wide range of media outlets, including THE NEW YORK TIMES, THE VILLAGE VOICE, SYDNEY MORNING HERALD, PRAVDA, SLATE, THE NATIONAL LEDGER, and PALESTINE CHRONICLE – to name a few.

Continuing to bring attention to the issues, Seton Hall Law in October will be joining with academic institutions across the country in the first national effort to study the detention of those being held at Guantanamo. The program, consisting of both live and online sessions, will explore in a “Teach-In” format the legal, political, and moral implications of the detention center at Guantanamo.

For more information on the Guantanamo Teach-In and to access THE GUANTANAMO REPORTS, go to http://law.shu.edu/ guantanamoteachin.

Guantanamo Detainee Represented by Professor Baher Azmy Gains Release This photo is high-res, but is poor quality – that is why it is grainy

Murat Kurnaz, a detainee at Guantanamo Bay, who Professor Baher Azmy, Supervisor of Seton Hall Law School’s Civil Litigation Clinic, has represented since 2004, was finally released in August after being held for nearly five years at the prison camp.

“The government’s evidence against Mr. Kurnaz has ranged from incredibly tangential to at times preposterous,” said Professor Azmy. “Mr. Kurnaz’s case calls into serious question the government’s repeated assertions that Guantanamo houses only hardened terrorist or persons captured on the battlefield.”

Murat Kurnaz before his detention at Guantanamo.

Mr. Kurnaz, now 23 years old, had left his home in Germany to study in Pakistan, was arrested by local police as part of a routine bus stop, then handed over to the U.S. military. Both U.S. and German intelligence concluded as early as 2002 that he had no connections to any terrorist group. In the words of German intelligence sources, Mr. Kurnaz was simply at the "wrong place at the wrong time.”

“Murat’s mother, Rabiye Kurnaz, has been a tireless advocate for her son’s release for the past four and a half years,”commented Professor Azmy.“I know that she and her husband, and Murat’s younger brothers are immensely relieved and overjoyed that he has returned home.”

The U.S. Constitution & You High school students in New Jersey now have another opportunity to learn about the workings of the U.S. Constitution and the protections it provides as a result of a gift from Seton Hall Law School.

Chris Froelich with Chief Justice Pius Langa in the Chief Justice’s office in South Africa.

Taking Part in South Africa’s Growing Democracy As a student at Seton Hall Law, Chris Froelich, ’05, never expected he would end up clerking for the Constitutional Court in South Africa. But a chance meeting with a former justice from the Constitutional Court quickly found him intrigued by the opportunity, applying, and accepted for a clerkship earlier this year.

A free video, titled We The People…The U.S. Constitution and You, was donated to high schools and other organizations in the state by Seton Hall Law in cooperation with the Committee for Citizen Awareness, a nonpartisan group devoted to enhancing the public’s understanding of the workings of our democracy.

“What impressed me most about South Africa is that its transition from decades of apartheid to a functional democracy has been a peaceful one,” says Mr. Froelich. “The chance to be a part of that was both very exciting and humbling.”

The videos were produced in conjunction with Sen. Robert Menendez and U.S. Reps. Donald M. Payne of the 10th District, and Frank Pallone from the 6th District. Caroline Kennedy, author of several books, including, IN OUR DEFENSE: THE BILL OF RIGHTS IN ACTION, and daughter of President John F. Kennedy, narrates the documentary.

With his interest in constitutional, international, and human rights law, Mr. Froelich found the experience to be a “perfect fit.” The South African Court, he says,often looks to international and foreign law, and the United States courts in particular, to resolve constitutional issues. Some differences he found are that the legal concepts for standing are very broad in South Africa, and that the chambers assigned to write an opinion in a particular is assigned the case before oral arguments are heard. As a result, the justice assigned to write the Court’s decision also can end up writing a dissent.

“Seton Hall Law School became involved with this public service project to help educate young people in New Jersey about the importance of the principles contained within our Constitution and to encourage their active participation as involved and informed citizens,” said Dean Patrick E. Hobbs, who also appears in the video. “Knowing about the Constitution and the principles that protect our way of life are integral to maintaining the freedoms we enjoy as Americans.”

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Now that his clerkship there with Chief Justice Pius Langa is completed, Mr. Froelich is clerking for Justice Jaynee LaVecchia of the New Jersey Supreme Court.

Among the many experiences he has come to treasure from his days in South Africa is the opportunity he had to speak with Justice Ruth Bader Ginsberg when she came to that country as an official guest of the Constitutional Court. Before he left, he also made sure he got to climb Mt. Kilimanjaro, an adventure he shared with his brothers Mike and Brian.

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Supreme Court Confirmation Hearings and Seton Hall Law Seton Hall Law School found itself gaining some prominent attention during the confirmation hearings for Samuel Alito’s nomination to the Supreme Court. On the second day of hearings, Sen. Mike DeWine (R-Ohio) made note of the S ETON HALL CIRCUIT REVIEW, started by Seton Hall Law students in 2005. Then on day four of the hearings, Judge Alito explained that teaching at Seton Hall Law had provided him with valuable experience in the benefits of diversity.

“A couple of years ago, as an adjunct law professor at Seton Hall Law School, I taught a seminar on civil liberties and terrorism,”said Judge Alito. “And the first time I conducted the class, we had a class with people of extremely diverse backgrounds relating to this issue. There was a student who had been in the special forces in Bosnia. There Photo: President George W. Bush announces his nomination was a student who was a Muslim from the Middle East.There were a number of students of Judge Samuel A. Alito Jr. as Associate Justice of the Supreme who had been personally affected, in one way or another, by the terrorist attacks on Court of the United States. White House photo by Paul Morse the World Trade Center. There were students who felt very strongly about civil liberties. And having these people in the class with diverse backgrounds and outlooks on the issues that we were discussing made an enormous contribution to the class.”

Sen. DeWine’s comments about the SETON HALL CIRCUIT REVIEW were made while questioning Alito about the “incredible shrinking” number of cases on the Supreme Court docket.“As of late, circuit splits have become so pervasive that Seton Hall Law School came out last year with a new law review dedicated exclusively to that issue,” said Sen. DeWine.

Judge Alito, who has taught a number of courses at Seton Hall Law, wrote the foreword for the Spring 2005 inaugural issue of the journal.

The SETON HALL CIRCUIT REVIEW can be found online at http://law.shu.edu/journals/circuit review/index.html.

Seton Hall Law Alumni Nominated to Federal Bench

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The White House apparently has found Seton Hall Law School alumni to be a good source for filling seats on the federal bench. This year, three of the five candidates nominated to sit as U.S. judges in New Jersey and on the 3rd Circuit are Seton Hall Law graduates.

Michael Chagares, ’87, was nominated by the White House and confirmed by the U.S. Senate in a 98-0 vote for a seat on the 3rd U.S. Circuit Court of Appeals. In addition, Noel Hillman, ’85, and Peter Sheridan,’77,were nominated to fill two of the vacant district court judgeships in New Jersey.

Mr. Chagares, after graduating from Seton Hall Law, clerked for Circuit Court Judge Morton Greenberg. He then spent 14 years as a federal prosecutor in Newark before becoming a partner in the firm of Cole, Schotz, Meisel, Forman & Leonard.

Mr. Hillman started his career as an Assistant U.S. Attorney in Newark before becoming chief of the Justice Department’s Office of Public Integrity where he led a number of high-profile corruption cases, including the probe into the dealings of lobbyist Jack Abramoff.

Mr. Sheridan, who has been a partner in the firm of Graham, Curtin & Sheridan for more than a decade, previously served as executive director of the New Jersey Republican State Committee.

Advanced Writing Topic Becomes Congressional Testimony A computer programmer for 18 years, John Miano, ’05, already was familiar with the issues surrounding H-1B workers when he enrolled at Seton Hall Law School.

He personally had seen technology workers fired and replaced by lower-paid workers on H-1B visas. And he had seen those workers, prior to being laid off, being asked to train their less experienced H-1B replacements.

At Seton Hall Law, he began doing additional research on the H-1B visa as part of the school’s Advanced Writing requirement and ended up producing a lengthy report on the topic. Some of his findings: workers on H-1B visas are paid about $13,000 less than the median wage for the same job and location, the annual quota on H-1B visas is the only real protection for American workers, and the eligibility for H-1B visas is so vague, in Mr. Miano’s opinion, that it has allowed for significant abuses of the program.

The section of his report focusing on wages was published by the Center for Immigration Studies in 2005. This past March, Mr. Miano was asked to present his findings before the House Judiciary Committee as it considered a bill to increase the H-1B cap from 65,000 to 115,000 a year. His testimony and the findings from his report also generated wide media attention, including THE WASHINGTON POST, CNN, CHINA POST and ITworld.com.

Speaking before the committee, Mr. Miano urged the House committee to reject increasing the cap, noting that the H-1B prevailing wage rule is not working and is hurting U.S. technology workers.

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Paula Franzese Chairs State Ethics Commission A renowned and highly respected ethics expert, Paula Franzese, Peter W. Rodino Professor of Law, was selected this year by Gov. Jon Corzine to chair New Jersey’s revamped State Ethics Commission. The commission for the first time now consists of a majority of public members rather than elected officials.

The change calling for more public members was signed into law by Gov. Richard Codey during his administration. Professor Franzese, who had served as special ethics counsel for Gov. Codey, wrote the report

that called for, among other things, eventually dropping government officials from the Ethics Commission. The other public members named by Gov. Corzine are former Republican state Sen. William Schluter, former Attorney General John Farmer, Jr., and Karol Corbin Walker, a 1986 graduate of Seton Hall Law, who previously served as the first African-American president of the New Jersey State Bar Association.

In making his appointments to the commission, Gov. Corzine stated, “I’m pleased that this distinguished group will be the ethical watchdogs of this administration.”

This year, Professor Franzese also was presented with the Medal of Honor from the New Jersey State Bar Foundation, and the Alain Daniels Leadership Award from the Center for Civic Responsibility.

A $250,000 Gift for Graduates Interested in Federal Public Service A long-time believer that government requires talented people in its employ if it is to fulfill its purpose, Samuel J. Heyman regards his time as Assistant Attorney General under Robert Kennedy and later as Assistant U.S. Attorney in Connecticut as one of the most rewarding periods of his professional life. As a result of that experience, Mr. Heyman, today a successful businessman, has undertaken efforts to inspire others to service within the federal government. Toward that end, he has provided $250,000 to institute a Heyman Fellowship Program at Seton Hall Law School.

The Heyman Fellowship Program, which the Law School began this past spring, provides assistance to Law School students interested in pursuing a career in federal government. A similar program, supported by Mr. Heyman, currently exists at Harvard Law School.

“We are delighted and honored that Mr. Heyman has chosen Seton Hall Law to establish a fellowship program to support graduates working in federal public service,” said Dean Patrick E.

Health Care Compliance Program Expands Seton Hall Law’s Health Care Compliance Certification Program took another major step forward this year as it added additional training sessions to supplement its usual twice-a-year workshops. As a result, more than 250 individuals from the pharmaceutical and medical device industries took part in compliance programs at the Law School this past spring.

Among the additions to this year’s programs were two sessions created specifically for healthcare and pharmaceutical/medical device executives. In May, the Law School offered the Hospital and Healthcare Executive Corporate Compliance Program, and in June held the first of its new annual Pharmaceutical/ Medical Device Executive Corporate Compliance Programs.

Hobbs. “The Law School has a long history of placing talented individuals in federal government employment, including Anthony Principi, former secretary for the U.S. Department of Veterans Affairs, and Christopher Christie, United States Attorney for the District of New Jersey. Mr. Heyman’s support of and interest in the Law School provides additional confirmation of the quality of our programs and graduates.”

The Heyman Fellowship Program provides financial support and a community of peers for Seton Hall Law students seeking a career in federal government. The program specifically is designed to encourage Seton Hall Law students with outstanding credentials to make an early commitment to federal government work and to assist them with identifying and obtaining challenging federal positions.

IN MEMORIAM GERARD M. CAREY

JOHN J. SHEEHY, ’54,

ONE OF THE SCHOOL’S EARLY ARCHITECTS

ONE OF THE SCHOOL’S FIRST GRADUATES

An instrumental figure in gaining accreditation for Seton Hall Law School and a popular and well-respected teacher, Professor Emeritus Gerard M. Carey passed away January 16, 2005.

A devoted friend of Seton Hall Law School and a member of its first graduating class, John J. Sheehy, ’54, passed away on August 12, 2006.

Professor Carey joined Seton Hall School of Law in 1954 to assist then Dean Miriam T. Rooney with gaining accreditation by the American Bar Association (ABA) and the Association of American Law Schools (AALS), which was gained in 1955 and 1960 respectively. A dedicated and talented teacher, he taught Civil Procedure,Torts and Constitutional Law. He was one of Seton Hall Law’s most popular teachers and remained an active faculty member until his retirement to professor emeritus in 1991. In 2002, he was presented with Seton Hall Law’s Miriam T. Rooney Award for Distinguished Service.

Throughout his life, Mr. Sheehy remained active in the life of Seton Hall Law School and was a constant source of support.

A Partner at Sheehy and Sheehy Law Firm in Tenafly, he served as a lecturer at Seton Hall Law for several years and participated in many of the Law School’s annual events.

His first wife, Marion Rooney-Sheehy, was the first woman to graduate from Seton Hall Law School. And one of his nephews and a grandnephew also are graduates of Seton Hall Law: John Sheehy, ’71, and Kevin Sheehy, ’06.

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The Incapacity of Public Schools to Educate Stigmatized Minorities

By Shavar D. Jeffries, Associate Professor of Law

Associate Professor Shavar Jeffries teaches Criminal Law and supervises the Civil Litigation Clinic, where he oversees numerous cases focused on educational equity for minority populations. He received his B.A. in History from Duke University and his J.D. from Columbia University, where he was a Harlan Fiske Stone Scholar, Paul Robeson Scholar, James Marks Murphy Prize recipient, Mitsubishi International Fellow, and Managing Editor of the COLUMBIA HUMAN RIGHTS LAW REVIEW. This is an excerpt from a work-in-progress currently titled The Incapacity of Public Schools to Educate Stigmatized Minorities: Toward an Entitlement to Remedial Vouchers.

I – Introduction Public schools are beset by a broad predicate of federal, state, and local rules that effectively remove discretion from local officials to chart the philosophic, curricular, and pedagogic direction of public schools. This rigid bureaucracy, moreover, is intrinsic to political authority and, thus, intrinsic to public schools themselves. In addition, stigmatized minorities, precisely because they are stigmatized minorities, do not possess the political agency to impact public-school bureaucracies in ways likely to affect an educational product systematically responsive to their particular educational needs. For these reasons, courts and advocates not only should reassess the seemingly unthinking assumption that public schools fundamentally possess the capacity effectively to educate stigmatized minorities, but also should increasingly employ effective educational remedies that are not solely dependent upon the oversight of political actors. This excerpt specifically examines how stigma and bureaucracy have brought about and sustained the educational inequities faced by stigmatized minorities.

II – The Impact of Stigmatic Harms on the Educability of the Racially Stigmatized Education constructs, in many ways, individuals’ very conception and imagination of themselves. At the same time, education is realizable only if students possess the predicate capacities necessary to vindicating educational objectives. Prevailing educational philosophies in the United States seek to produce citizens steeped in American civic and cultural values and prepared to assume competitive positions in the economy. These objectives, in turn, rest on assumptions that students possess the intellectual, social, and cultural competencies enabling attainment of these objectives. Stigma, however, attacks these predicate capacities and, thus, undermines the attainment of education itself.

Social scientists have empirically confirmed stigma’s corrosive effect on educational achievement. As an initial matter, broadly held stigmas concerning a group’s intellectual capacities generate devalued conceptions of their educational potential. Such devaluation results not only from the extent to which stigma-informed prejudice, both conscious and cognitive, affects individuals but also from the environmental and institutional manner in which stigmainformed thought penetrates a society’s culture. Even where individuals weakly harbor stereotypical thoughts, stigma, nonetheless, frames the way in which the stigmatized and non-stigmatized cognitively envision and interact with one another. As explicated by the authors of THE HANDBOOK OF SOCIAL PSYCHOLOGY: Stereotypes – through their broad dissemination and their capacity to influence us beneath awareness – have the cumulative power to shape and coordinate our relations with the stereotyped, even our institutional responses to them, and, thus, to form around them a coordinated disposition of prejudice and devaluation...

This problem is particularly pernicious in the education context, given the extent to which education generates identity. Using Erving Goffman’s articulation of stigma as imposing a “virtual social identity,” the psychological coherence of the stigmatized depends on developing means of affirming actual identities and disclaiming the stigma-derived virtual identity. Education plays a vital, if not indispensable, role in this process, given that education itself generates, to a significant degree, individual identity.

Education is, thus, uniquely important for the stigmatized, as effective education has the potential to equip the stigmatized with the intellectual tools needed to offset stigma’s existential harms.

On the other hand, when education becomes a means for the reproduction of stigma, the stigmatized are doubly

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injured: They not only are distanced from the tools enabling a robust defense against the existential dangers posed by stigma, they are affirmatively instructed in such a way as to reinforce the very ontological harms requiring remediation.

Because education frames the way in which individuals cognitively view themselves and their identities, and because stigma seeks to impose a despoiled identity on the stigmatized, the kind and character of education pursued by a particular culture are inordinately critical to the existential coherence of the stigmatized.

But, while education is indispensable to the stigmatized, their very status as stigmatized conduces toward educational philosophies, curricula, and pedagogies, at best, unresponsive to – at worst productive of – the ontological challenges they face. Stigma, by definition, is broadly disseminated throughout society; as such, stigma operates both at a conscious and cognitive level. Moreover, because stigma is socially embedded, it not only colors individual social interactions, but also the way in which institutions approach and engage the stigmatized (and non-stigmatized, for that matter). It should, therefore, be unsurprising that stigma encumbers the way in which a society approaches and institutionally envisions the education of the stigmatized.

Stigma challenges the existential status of its victims and, once internalized, leads the stigmatized themselves to identify with and believe in their own incapacity. As such, internalized stigma is intensely harmful to education, as education depends on the very ontological capacities internalized stigma corrodes. The findings of Jean Aronson are typical: “[T]he beliefs that children create and develop and hold to be true about themselves are vital forces in their success or failure in all endeavors, and of particular relevance to educators, to their success or failure in school.”

Internalized stigma leads the stigmatized to doubt their own capacity, causing them to correlate education with the nonstigmatized and to correlate educational incompetency with themselves. It is, therefore, unsurprising that many young black Americans, for example, regard educational attainment as a form of “acting white;” stigma has so thoroughly discredited the educational imagination of many young African Americans that educational achievement is perceived decidedly as a pursuit of the unstigmatized.

This antithetical relationship between stigma and educational competence, of course, animated the Supreme Court’s holding in Brown I. Relying on the social-science work of Kenneth Clark, among others, the Court recognized that stateendorsed segregation caused psychological harms in black children that affected their self-esteem and, derivatively, their educability. Specifically, the Court recognized that the stigmatic signals transmitted by school segregation generated in black children “a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.” The Court in Brown I, thus, found that segregation stigmatized black children as ontologically inferior and, more to the point, that internalized

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stigma threatened to encumber irrevocably the educational capacity of black children.

In addition to the acute – potentially irrevocable – damage to educational capacity caused by internalized stigma, exogenous forms of stigma-influenced conduct in the educational context also undermine the educability of the stigmatized. Stigma signals that society simply expects and imagines less of the stigmatized, and there is ample evidence in the United States of the extent to which educational philosophy – along with its curricular and pedagogical by-products – reflects diminished conceptions of the ontological competencies of the stigmatized. At a threshold level, public schools simply expect and demand less of black children. Such diminished expectations reflect stigmatized conceptions of the ontological capacity of African Americans. This general ethos of diminished expectation is manifest in a wide variety of school contexts, but is particularly discernible in discriminatory tracking practices, discriminatory guidance practices, discriminatory special-education referral and classification, and discriminatory dispensation of discipline.

For example, while formal school segregation explicitly reified devalued conceptions of black capacity, discriminatory tracking practices facilitate a kind of de facto segregation even in schools facially integrated. The discriminatory tracking of black students into remedial classes, and the corresponding tracking away from advanced classes, reflects stigmatized cognitions of the intellectual and academic potential of black students. Likewise, discriminatory guidance practices similarly reflect the damage of stigma, as even well-performing black students are counseled disproportionately to attend schools perceived as less demanding.

Because stigma is utterly corrosive to educational attainment, any system seeking to educate the stigmatized must specifically and affirmatively respond to and remedy the ontological consequences of stigma. Stigma poses a threshold barrier to education, and, as such, must be specifically incorporated into foundational philosophical priorities. Such affirmative action in response to stigma not only serves, prophylactically, to mitigate the extent to which exogenous harms hamper the educational attainment of the stigmatized, it also affirmatively provides the stigmatized – and non-stigmatized – with the cultural tools needed to overcome the ontological obstacles posed by stigma. In this sense, for the stigmatized, culturally responsive education is the only kind of education possible.

Despite the necessity of educational philosophies – along with accompanying curricular and pedagogical offerings – specifically and affirmatively responsive to the ontological challenges posed by stigma, public schools pursue educational philosophies fundamentally blind to the particular needs of the stigmatized. At best, this neglect perpetuates those ontological harms undermining education; at worst, by failing specifically to account for and mitigate these harms, it exacerbates them. These insufficiencies, moreover, reflect not simply the absence of a political will to address

positively the specific educational needs of the stigmatized, but stem more fundamentally from constraints intrinsic to the very character of public schools. These intrinsic incapacities render public schools systematically ineffective in educating stigmatized minorities.

III – The Intrinsic Inability of the Stigmatized to Vindicate Their Educational Interests Public schools operate in an intricate morass of federal, state, and local statutes and regulations that dictate their philosophic direction. Federal laws like Title I and the Individuals with Disability Education Act, along with their labyrinthine implementing regulations, prescribe national policies on matters ranging from the meta-issue of educational philosophy to the more pedestrian practices of reporting and record-keeping. State rules spanning the substantive and procedural gamut of education-related matters supplement these national mandates, largely preempting the capacity of local officials to tailor school policy to the particular needs of local populations. In addition to these rules imposed by government, collective-bargaining agreements prescribe, often in excruciating detail, the terms and conditions of principal and teacher employment and further restrict the capacity of local principals and administrators to effectively manage the performance of schools.

While the autonomy of local school officials is generally inhibited by these rules, such bureaucratic micro-management is particularly acute in urban schools populated by disproportionate numbers of stigmatized racial minorities. In addition to the broad predicate of federal, state, and local rules generally applicable to public schools, a wide range of rules apply disproportionately, or even solely, to urban schools. Moreover, because unions tend to have more political influence in urban districts than in suburban ones, urbandistrict collective-bargaining agreements also tend to constrain more rigorously the autonomy of principals and administrators.

In these ways, urban schools disproportionately serving stigmatized minorities are uniquely subject to the inflexible constraints of bureaucracy.

schools a top-down, one-size-fits-all orientation. Schools disproportionately serving stigmatized minorities, moreover, are uniquely encumbered by such bureaucracy, beset by heavily restrictive rules that prescribe, in micro-managing detail, the metes and bounds of urban education.

At the same time, stigmatized minorities are poorly positioned to impact public-school bureaucracies in a way likely to produce outputs reflective of their particular educational needs. This political powerlessness stems not simply from the fact that minorities are minorities and, as such, will necessarily lose their share of political battles. Rather, this political incapacity flows also from the corrosive fact of stigmatization: Stigma, in the oft-quoted words of perhaps the most famous footnote in American constitutional jurisprudence, is a “special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities.”

Stigma inhibits stigmatized minorities from engaging in the coalition building and logrolling that permits non-stigmatized groups to ally themselves with ideological allies and form majorities on particular issues. Stigmatized minorities are, therefore, consigned to the margins of political battles over educational philosophy and, consequently, do not possess the political authority to achieve a public education systematically responsive to their needs. This impotence yields prevailing educational philosophies, along with accompanying curriculum and pedagogy, reflective of majoritarian priorities that, at best, ignore the ontological harms posed by stigma and, at worst, aggravate those harms.

IV – Conclusion Public education, as currently structured, is fundamentally incapable of effectively responding to the educational needs of stigmatized minorities. As a result, I argue that courts and advocates should turn increasingly to school-choice remedies to vindicate state and federal laws guaranteeing equal or adequate educational opportunity. In ways comparable to the special-education context – where children are entitled to private education when public schools are insufficient – and the voting-rights context – where majority-minority

“The stigmatic signals transmitted by school segregation generated in black children ‘a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone’.”

In short, a dense regime of bureaucratic rules supplies the organizational and substantive disposition of public schools. These rules prevent local, school-based leadership from substantially altering the educational trajectory of public schools in any fundamental way. From the setting of educational philosophy to the development and implementation of pedagogy and curriculum, these rules prescribe the means and ends of public education. These rules systematically remove substantive discretion from principals, teachers, and local administrators and, in so doing, yield in public

districts are sometimes necessary to counteract the political effects of stigma – self-determination is best suited to ensure that stigmatized minorities receive an education generally responsive to the ontological challenges they face. This remedy is surely not intended as a panacea, but given the antithesis between stigma and effective education, and the incapacity of stigmatized minorities materially to influence the kind of education provided in public schools, the school-choice remedy, though imperfect, is most likely to vindicate the state and federal norms implicated.

Fall Two Thousand and Six

• 11 •

Turning Educational Equity into an Urban Reality

By Kathleen Brunet Eagan Had it not been for his education, Professor Shavar Jeffries admits he may not have been able to escape the fate that met so many of those who grew up in his Newark neighborhood. A quality education at Seton Hall Prep was his chance to do better. It’s also an opportunity,he believes,that should not be limited to a fortunate few.

Educational equity for urban schools is the focus of much of his scholarship and many of the cases he oversees as supervisor of Seton Hall Law’s Civil Litigation Clinic at the Center for Social Justice. It’s also the center of his volunteer work as board president for both the Newark Boys & Girls Clubs and TEAM Academy, a Newark charter school.

A CHANCE TO SUCCEED “The majority of kids in Newark are not graduating from high school.We’re losing generation after generation of kids because too many of our urban schools are woefully ineffective,” says Professor Jeffries.

“But these kids can learn – and do learn – if we have high expectations for them, challenge them, and give them the tools they need to succeed.”

If not for his participation in the Boys & Girls Clubs, he never would have learned about and obtained the Seton Hall Prep scholarship the club provided. And if not for Seton Hall Prep, he may never have succeeded in college.

“If I had gone to a local, public high school in Newark, I probably would not have been adequately prepared to meet the rigors of a demanding college curriculum,” he says. “At Seton Hall Prep, everyone was going to college and not just any college, but the top colleges.” Full scholarship in hand, Professor Jeffries picked Duke. It was at Duke that he began tackling institutional and societal inequities.

“All the food service people and all the people who did the cleaning were all black, while all the mangers and most of the faculty were white,” he says. His answer was to become involved in student government and to pressure the administration to renew its commitment to hire more black faculty.

The experience also helped him to realize that the study and practice of law could further empower him to make a difference.

It’s something Professor Jeffries says he After graduating from Columbia Law not only was blessed to experience in School, he took a job with Wilmer Cutler his own life, it’s happening in many of TOGETHER EVERYONE ACHIEVES MORE in Washington D.C. where he was part Newark’s charter schools today. At Professor Shaver Jeffries visits with students at TEAM of the team that represented the Academy, the Newark charter school where he serves TEAM Academy, for example, the averUniversity of Michigan in the Grutter as President of the Board of Trustees. age student entering the school in and Gratz affirmative-action cases. grade four performs in the bottom fourth of the nation in reading and the bottom third in math – GIVING BACK two to three years below grade level. By seventh grade, they are Looking for an opportunity to give back to the city that gave so in the top 10 percent in math and the top third in reading. much to him, he joined the Newark-based firm of Gibbons, Del As a child, Professor Jeffries experienced many of the challenges that confront numerous urban children today – a lack of consistency, stability, and solid direction. He was shuffled back and forth among his mother, grandparents, and aunt because his mother was “too young to handle the responsibility of raising a child,” he says. She was only 18 when she had him. Her life also was a short one – shot to death by the man who came into her life shortly after she had sent for her son to join her in California.

“The incomprehensibility of fate: a lock – she met him because we were having problems with a lock and she called a locksmith,” recalls Professor Jeffries. She and the locksmith were married in October 1984; by November 1985 she was gone, leaving her 10year-old son behind.

Following the death of his mother, he went to live with his father, only to find his father abandoning him several months later. “I came home and he was gone,” says Professor Jeffries. From there, he went to live with his grandparents.

Fortunately, his grandmother enrolled him in a Catholic school in Hillside and signed him up for the Newark Boys & Girls Clubs.The two experiences, says Professor Jeffries, “reaffirmed the values that my grandparents sought to instill in me, and provided extended families that nurtured my development.”

• 12 • Seton Hall University School of Law

Deo, Dolan, Griffinger & Vecchione in 2001 as a Gibbons Fellow in Public Interest and Constitutional Litigation. He also made his home in the city with his wife, Tenagne, who recently gave birth to their second child.

Professor Jeffries explains it was important for him to return to Newark so he could work on improving educational opportunities for children in the city.

At the Boys & Girls Clubs, he and Director Felix Rouse have taken the organization from near financial ruin and placed it on a solid foundation. As President of the Board of Trustees at TEAM Academy, he devotes his time to ensuring the school delivers on its mission of providing a high-level, college preparatory education to Newark youngsters. And in 2004, he welcomed the invitation to join Seton Hall Law, where he can now focus more extensively on educational equity and civil rights.

Asked what guides and motivates him, Professor Jeffries talks about blessings, purpose, and the importance of giving back.

“I really believe God has a plan for me,” he says. “I grew up in a neighborhood where no one received the kind of opportunities I’ve been given. I’ve been blessed. I consider it my responsibility to make sure others have the same opportunity to maximize their potential.”

MEDIATION KEEPS THE DOWNTOWN CORE MOVING Sitting at the conference table, the city’s night sky visible from the windows, there were several times when Seton Hall Law School Dean Patrick E. Hobbs feared the agreement for a revitalized downtown core for Newark was unraveling. That the promise of a 24-acre development,including an 18,000-seat arena for the New Jersey Devils, was melting faster than ice in the city’s hot summer sun.

Dean Hobbs and Prudential Financial CEO Art Ryan had agreed to serve as mediators when the City of Newark and the lead developer, the NHL hockey franchise, earlier this year found they could not resolve their differences over the finances of the new arena. Carving out hours after their busy days, Dean Hobbs and Mr. Ryan met

Meeting with city and hockey team officials and their lawyers in the third-floor conference room at Seton Hall Law, Dean Hobbs and Mr. Ryan kept the parties focused on the ultimate goal – a vibrant entertainment district that would attract retail and residential development within easy access of Newark’s viable transportation network – a development plan to bring new jobs for Newark citizens and additional tax revenue to promote further growth throughout the city.

FINDING COMMON GROUND “Our job, as I saw it, was to try and understand where the real issues were, to diffuse the emotions surrounding those issues, and to keep everyone talking,” says Dean Hobbs. “We kept talking and when there

officials provided the Devils with the necessary assurances that the arena would be finished by its scheduled October 1, 2007 completion date.

It was not the first time Dean Hobbs found himself involved in the project. In 2004, he was asked by then Mayor Sharpe James to chair the Blue Ribbon Advisory Commission formed to advise the city on the wisdom of investing $210 million from a Newark Liberty Airport lease renegotiation into the downtown core. After three months of research,hearings,and meetings, the Commission came out in support of the project subject to a set of recommendations seen as critical to its success.

NEWARK’S TURN While stadiums as redevelopment vehicles have their share of critics, there are several important distinctions about the one being built in Newark, notes Dean Hobbs.

The plan not only calls for construction of the stadium, but the redevelopment of a total of 24 acres between Broad Street and McCarter Highway. Along with the arena, the project plans include development of a hotel, community center, office space, and a pedestrian walkway linking the area with Penn Station.

AN 18,000-SEAT ARENA FOR NEWARK (l-r) Jeffrey Vanderbeek, Owner of the New Jersey Devils, Dean Patrick E. Hobbs, and Richard Monteilh, City of Newark business administrator under Mayor Sharpe James, tour the construction site earlier this year for the new arena being built between Broad Street and McCarter Highway.

with both parties in a series of evening meetings to see how and whether an agreement could be reached. The city was seeking assurances that the Devils’ $100 million commitment would be there to continue construction following an expenditure of $200 million by the city.

The hockey team, on the other hand, was worried that the city had not yet completed all the pre-construction items that needed to be taken care of before work on the stadium could begin.

The expectation is that the stadium – as has been the case with the New Jersey Performing Arts Center – will bring more people into the city. While Newark in recent years has undergone a successful transformation, it has yet to fully benefit from its location. The vision is that Newark not only will remain a center of commerce and higher education, but will once again become a vibrant, sought-after residential community with top-ranked entertainment facilities, walkable centers, and a diverse range of housing and job opportunities.

was an impasse,we’d go back to something where there was some common ground.

When everyone realized that there was agreement on most issues,it was easier to go back and resolve the thornier problems.”

When asked why he’s been willing to devote significant time and effort to the city and the downtown core, Dean Hobbs explains that Seton Hall Law and Newark have a shared purpose.

The strategy worked. It took a total of 24 hours spread over three days, but in the end each party walked away satisfied that all critical issues had been resolved.Within 10 days, the Devils posted a $100 million letter of credit with the city, while Newark

“Seton Hall Law has been a part of Newark for almost its entire history, and it plans to remain a part of Newark,” he says. “Our success depends upon Newark’s success.”

Fall Two Thousand and Six

• 13 •

URBAN HEALTH P R I S O N E R

By John V. Jacobi, Dorothea Dix Professor of Health Law and Policy

R E

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E N T R Y

:

Professor John Jacobi teaches Public Health Law, Health Access & Payment, Disability Law, and Torts. He received, his B.A., summa cum laude, from the State University College of New York at Buffalo, and his J.D., magna cum laude, from Harvard Law School. Following law school, he spent five years working for the New Jersey Department of the Public Advocate as special assistant of the commissioner, where he worked on health, civil rights, and disability issues. He then became a Gibbons Fellow at the law firm of Gibbons, Del Deo, Dolan, Griffinger & Vecchione, where he pursued health, prisoners’ rights, and disability issues.

O B L I G AT I O N S &

OPPORTUNITIES This article is excerpted from Prison Health, Public Health: Obligations and Opportunities, 31 AM. J.LAW & MED 447 (2005).

America is acutely conscious of the sharp disparities of the health status among its citizens. Health status differs significantly along race, gender, and socioeconomic lines. One manifestation of these disparities is the suburban-urban divide in health status.

People are sicker, and die younger, in poor urban areas populated by people of color. The reasons for this disparity include discrimination in health care and health coverage, the effects of low socioeconomic status, the effects of racial segregation, and higher rates of violence and trauma. Solutions to the health problems of the nation’s urban poor are as varied as the problems’ causes; many initiatives are struggling to reduce socioeconomic disparities, reduce residential segregation, equalize access to health care, and make urban neighborhoods safe. The complex initiatives needed to address health disparities reflect the complexity of the social problems from which they spring.

The explosion of American imprisonment has emerged alongside the recognition of disparities in urban health. America, after decades of a stable rate of incarceration, has been on an imprisonment binge in recent decades. We now imprison a higher percentage of our citizens than any other nation on earth. Over two million Americans are in prisons or jails today, most of them young men of color,and most of them from America’s urban centers.

Imprisoned people tend to be sicker than the average American, with higher rates, in particular, of chronic and infectious illnesses.

Prison conditions have been a source of substantial social and legal concern for as long as we have used prisons for punishment, and in the modern era a central focus of complaints has been the quality of prison health care. Prisoners and their advocates have had limited success in convincing courts or legislatures to improve prison health care.

There is a connection between the problems of urban health disparities and prison health care. Many of these released prisoners return to their urban communities, which are already burdened by high rates of illness and poor access to healthcare services.

Under these circumstances, the failure of prison health creates an “epidemiological pump,” channeling and amplifying the chronic and infectious diseases of reentering prisoners back into their home communities.The failure of prison health is, then, no longer simply a failure of duties to prisoners. It is now a failure of duty and of opportunity that has serious public health effects for society.

Prisoners are not the most sympathetic subject of governmental and social attention, particularly in bad budget times. But the

social effect of short-sighted prison conditions is beginning to emerge as a bipartisan issue of interest. The face of this interest has been the Prisoner Reentry movement. The movement has engaged in an examination of the effects of the massive return of prisoners to free society, and has recommended that prisons take steps to facilitate the movement from prison to the streets in a way that advances successful reentry. Appropriate health care is central to this movement.

I

Prisons Today: Many Sick, Poorly Treated Prisoners

Prison and jail populations increased more than four-fold from 1980 to 2003, from about 500,000 in 1980 to over 2,000,000 in 2003. The rate of incarceration in the United States grew to 726 persons per 100,000 by 2004, far outstripping the imprisonment rates in every other country for which such statistics are maintained. In comparison, the rate of the second most prolific jailer, The Russian Federation, is 550 per 100,000, while Israel’s is 209, Iran’s is 191, Australia’s is 117, Canada’s is 116, Germany’s is 96, Ireland’s is 85, and Norway’s is 65.

The majority of those in prisons and jails are black or Hispanic. In federal and state prisons, the racial composition in 2003 was 35 percent white, 44.1 percent black, 19 percent Hispanic, and 1.9 percent other. The impact of the growth of imprisonment has been most severe on black men. Almost three in10 black males (28.5 percent) will be incarcerated at some point in their lives.The figure for Hispanic men is three in 20 (16 percent), while that for white men is less than one in 25 (4.4 percent).

The two million adult prisoners in the U.S. are also disproportionately sick. As a report from the Reentry Policy Council recently described, people in jails and prisons have chronic, communicable, and mental illnesses at a significantly higher rate than people in the free world. Four categories of prisoners’ conditions are worthy of particular attention: communicable diseases such as HIV disease and tuberculosis (TB); sexually transmitted diseases (STDs) such as syphilis and Chlamydia; chronic conditions such as asthma and diabetes; and serious mental illness such as schizophrenia and bipolar disorder.

Rates of HIV and hepatitis C infection are up to 10 times higher, and rates of TB up to seven times higher than the general population. In 1996, released prisoners accounted for 35 percent of all people in the United States with TB, 29 percent of those with hep-

Fall Two Thousand and Six

• 15 •

atitis C, 12 percent of those with hepatitis B, and 13 percent of those with HIV infection.

management, and the 200-year process of American prison reform began.

Prisoners are disproportionately infected with syphilis, Chlamydia, and gonorrhea.

Studies of women in jails in the United States have found that a surprisingly high number of them had syphilis (35 percent), Chlamydia (27 percent), and gonorrhea (8 percent). A study of syphilis in New York City jails found that women with multiple incarcerations were more than a thousand times more likely to have a syphilis infection than women in the general New York City population.

The rhythm of prison reform between 1820 and the mid-20th century comprised repeated patterns of rising concern for the brutality of prison conditions, followed by reforms springing from humanitarian and reformative impulses,followed by the failure of those reforms due to public indifference toward the welfare of prisoners and a lack of funding. The first reforms in the 1820s reacted to both the brutality of conditions and prisons’ failure to reduce crime, and reinvented prisons as “penitentiaries.”

A large number of prisoners have serious chronic illnesses. The asthma rate in United States prisons and jails in 1995 was 8.5 percent; diabetes, 4.8 percent; and hypertension, 18.3 percent. The rate of chronic mental illness among prisoners is cause for particular concern. America’s prisons and jails have, with the sharp reduction in the census in mental hospitals, become the “new asylums.” This phenomenon is caused by the failure of the community mental health system to provide services to those cleared from psychiatric hospitals in the process of deinstitutionalization, and changes in criminal sentencing processes that increased penalties for “quality of life” and drug offenses while reducing the exculpatory or sentencereducing effects of mental illness.Urban jails in our largest cities are now the largest mental health institutions in the nation.

Prison Health Reform: Humanitarian and Individual Rights Approaches “Imbalance and inflexibility” characterized responses to crime in the American colonial period. Adhering to British models, some crimes resulted in a fine, or “banishment,” while others were dealt with brutally by whippings and execution. Post-revolutionary states turned away from the British model, embracing instead Enlightenment principles of rationality and self-direction. Alternative forms of punishment were necessary; imprisonment filled the void. Reformers of the criminal justice system assumed that free Americans in the Enlightenment era would be deterred by the threat of imprisonment and turn away from crime. The first crisis in the American experiment with imprisonment as punishment arose when the expected rational deterrence effect of “humane” imprisonment did not materialize: crime rates did not decline, and prisons were poorly run, overcrowded, and subject to riots. Attention, therefore, shifted from sentencing reform to prison

The penitentiaries failed. Like the jails and prisons they were meant to replace, the penitentiaries quickly became overcrowded, brutal, and chaotic. Another wave of reforms followed an 1867 report by Cobb Wines and Theodore Dwight on prison conditions, which described widespread overcrowding and brutal treatment. The report spawned the “reformatory”movement, which again urged humane treatment.

These reforms also failed in the face of brutal and corrupt prison management in which low budgets and public indifference led to another descent into a Dickensian world of misery, brutality, and squalor.

II

• 16 • Seton Hall University School of Law

In the early 20th century, Progressive reformers decried unsanitary, overcrowded, and vermin-ridden prison conditions. The Progressives hoped that according prisoners dignity and providing a level of self-direction within prisons would ease prisoners’ reintegration into society upon release.

Although Progressive reforms improved some aspects of prison treatment, the indifference of prison management and society at large to prisoners’ welfare, and the lack of financial support for humane conditions doomed the effort.

A dramatically different turn arrived with the Due Process revolution, as the basic arguments for prison reform turned from a philosophical manifestation of humanitarian impulses to a legal focus on the constitutional rights of the prisoners themselves.

Until the 1960s, federal courts adhered to a “hands off” policy toward prisons. The decades of the 1960s and 1970s saw dramatic recognition of prisoners’ constitutional rights and their power to vindicate those rights in federal courts. The Supreme Court addressed the rights of prisoners to adequate health care in 1976 in Estelle v. Gamble. The Court adopted a broad interpretation of the Eighth Amendment, finding that it prohibited “punishments which are incompatible

with the evolving standards of decency that mark the progress of a maturing society.”

It held that prison officials “deliberate indifference to serious medical needs of prisoners” violated the constitutional standard.

In the last 20 years, however, the Court and Congress have significantly restrained the individual rights model of prison reform.

The Court cut back on Eighth Amendment review,for example,by imposing increasingly difficult scienter requirements, while the Prison Litigation Reform Act created a series of procedural barriers that make it more difficult for prisoners to gain access to courts and obtain relief.

Too often prison care is abysmal and dehumanizing. In a recent case, the court in Plata v. Scharzenegger blasted California’s prison health care, issuing an Order to Show Cause why management of health services in the California Department of Corrections should not be taken away from the state and assigned to a courtappointed receiver. The text of the order relates a hair-raising account of a “totally broken system.”

Plata does not stand alone. A 1999 decision in Ruiz v. Johnson decried the fact that, after 27 years of litigation, the Texas Department of corrections continued to provide care through inadequately trained personnel, failed to treat or even properly isolate prisoners with infectious TB, and denied psychiatric care to prisoners clearly in crisis. Similarly, a 1998 decision in Feliciano v. Gonzalez reviewed a twodecade history of noncompliance with an order on medical care within the Puerto Rican prison system and found deteriorating conditions in which prisoners were denied emergency treatment, medications, medically necessary care, and essential psychiatric services, leading to prisoner deaths and “actual pain and suffering with no conceivable penological purpose...”

Prison Health Reform in the Community’s Interest: A Public Health Approach America’s prison population explosion has a back-end consequence. As prisoners are released and return to their communities, the attention of governments and private agencies focuses on their reintegration into society. Perhaps the most comprehensive study of the problems of prisoner reentry is the 2005 Report of the Reentry Policy Council. The Council, formed by the Council of State Governments and funded by the U.S. Departments of Justice, Labor, and Health and Human Services, examined the effects of the high rates of imprisonment

III

and the consequent high rates of prisoner reentry. Its goal was to improve the chances that released prisoners would successfully transition to life in their communities upon release.

One concern of the reentry movement is public safety,and the problem of ex-prisoner recidivism. The problems of recidivism, however, are partially caused by the difficulties ex-prisoners experience in finding social and financial support. Employment problems are central to those seeking to ease reentry, as ex-prisoners return to depressed communities, without skills, and face stigma and legal limitations on employment.

The reentry movement urges decision makers to step back, reconsider the reintegration barriers prisoners face, and consider modifications to the policies and realities of conviction and imprisonment that would facilitate prisoner reentry without frustrating the punitive and incapacitating goals of imprisonment. Looming large in the reentry movement are health issues, primarily the health care to which prisoners transition upon release from imprisonment. The reentry movement seeks to ensure healthcare continuity as prisoners return to their communities, a process of providing “discharge planning.”

This discharge planning process is primarily concerned with the health of the released prisoner and his or her successful reintegration to the community. Discharge planning for “special needs” prisoners, however,also raises public health concerns.

Prisoners with TB and HIV, for example, may be on courses of medication requiring adherence to rigorous administration schedules. The management of these “special needs” prisoners is a particularly problematic aspect of prison health; while many prisons and jails provide service referrals for released special needs prisoners, far fewer make appointments to connect them with services. Although some model programs exist, many seriously ill prisoners are lost to treatment.

The reentry movement, then, is a broadbased, pragmatic, and bipartisan attempt to maximize the chances that released prisoners will successfully reintegrate into their communities. In the first instance, the health focus of the reentry movement is on the community linkages necessary to allow released prisoners to succeed.

Failures to treat at reentry affect the community as well as the released prisoner.

Failure to provide health services to reentering prisoners renders their success more doubtful. More concretely, failure to

provide health services to reentering prisoners with infectious and sexually transmitted diseases risks transmission of illness to family members, neighbors, and others. It is clear, however, that thinking of health treatment for the first time at reentry is too late.

1. Population health and care for prisoners’ chronic and mental illnesses Many prisoners suffer from chronic illnesses such as asthma,diabetes,and hypertension, and prisons generally fail to provide appropriate chronic-care services. Often, they did not receive appropriate treatment of these chronic conditions in the distressed communities where they lived.

The imprisonment of chronically ill persons, thus,presents a public health opportunity to provide cost-effective services that will both facilitate successful reentry and reduce community and overall healthcare costs.

Mental illness provides another example of a public health opportunity in prison health. People with mental illness are dramatically overrepresented in prisons and jails. In addition, prison may act as an amplifier, or “incubator.”Many people who have not exhibited symptoms of mental illness in the free world develop mental illness in prisons due to the stress, crowding, harsh conditions (including solitary confinement), and lack of privacy.

Prisons that fail to provide appropriate chronic and mental health care not only hurt reentry efforts, but in addition harm public health by releasing prisoners to communities already underserved by community health providers. This stark failure to seize the opportunity to address healthcare needs is tragically inefficient in terms of long-term social costs of care, and demonstrably harmful to the health of the communities to which prisoners are released.

2. Public health and care for prisoners’ communicable diseases Prisoners are four to 10 times more likely than the average member of society to be infected with TB, HIV, and hepatitis C, and released prisoners account for about one-third of all cases of TB and hepatitis C. Prisons and jails often do a very poor job of identifying and treating communicable diseases. Few prisons and jails screen for syphilis; many do not conform to rudimentary infection control provisions for TB; and some fail to follow the therapeutically essential administration requirements for HIV medications.

Perhaps the most serious public health threat raised by prison health shortcomings

is the failure to take the opportunity of imprisonment to treat and cure prisoners infected with communicable diseases. A very high percentage of people infected with syphilis and Chlamydia, for example, cycle through prisons and jails. The opportunity to address these health threats when those infected are literally a captive population, available for treatment if treatment is offered, should be seized to address the periodic emergence of epidemics in sexually transmitted diseases.

TB care in prisons raises different, but equally pressing, public health concerns.

Several recent studies have established that crowding and the high concentration of infected prisoners make jails an “amplification point”in TB epidemics. In all correctional settings, and particularly in jails, the connection between improved health in prisons and jails and linkage to treatment in the community is a vital aspect of reentry planning.

One of the most frightening consequences of inconsistent, discontinuous treatment of prisoners with communicable diseases is that mistreatment can lead to mutation of the infectious agent,rendering it resistant to some or all available treatments. In the prison and jail context, the concern is that inappropriate treatment of TB and HIV leads to the production of treatmentresistant disease that can be broadly spread on prisoners’ release. In the treatment of prisoners with both HIV disease and TB, failures to maintain adherence to fairly rigid treatment protocol can lead to disease resistance. The reform of prison health services, then, regardless of the dearth of humanitarian feelings for prisoners, is a public health imperative.

IV

Conclusion

Decent prison health treatment should be advanced pursuant to both selfless and selfish interests. The selfless interest is a commitment to humane treatment for prisoners. The selfish motive is based on the potentially devastating population health effects flowing from poor prison care. Almost all of the two million Americans incarcerated today will be released to their communities. Prisons’ and jails’ failure to provide adequate treatment for a wide variety of chronic conditions, mental illnesses, sexually transmitted diseases, and communicable diseases threaten those communities with physical and financial harm, with infection, and illness.

For the sake of our urban communities, and in the interest of reaffirming the basic humanity of prisoners, prison health care should become a public health priority.

Fall Two Thousand and Six

• 17 •

K Scott Sawyer and his client Susette Kelo meet the press outside the U.S. Supreme Court.

A 1995 graduate of Seton Hall Law, Scott Sawyer of Sawyer Law Firm in New London, CT, represented Susette Kelo and five other Fort Trumbull property owners in the now famous eminent domain case. Here he shares some of his thoughts about the case and the potential impact of the Supreme Court’s ruling.

sexy health clubs would soon occupy every corner of the city. The municipal development plan involving 90 acres in Fort Trumbull would transform the 25 square miles of New London from a distressed city full of untapped potential into a “hip little city.” Or at least that was the vision.

“If they want my house they will have to pry the keys from my cold dead hands.” – Susette Kelo

“You see before the plan was even approved, the NLDC came down here and started threatening us that if we don’t sell our homes immediately the government would just take them. Some people especially the older people got scared. Some just died. Some just had no fight in them – they were too old. The ones that sold were the older people that trusted government or the people in the know – I suppose they felt that way from the good old days when government was simply right and would not harm its people. Those homes that were initially sold were immediately destroyed – the windows were knocked out, the wood floors were destroyed, the rain was let in. The neighborhood basically started looking bad. They used this appearance in an effort to get their plan approved.

But the NLDC caused it themselves – before that the neighborhood was a perfectly fine place to raise a family and make a go of it.” – Bill Von Winkle

I have been involved in Kelo v. New London, 125 S. Ct. 2655 (2005) from the beginning. From Susette Kelo’s little pink cottage with water views in “The Fort” to the United States Supreme Court, from interviews with the LOS ANGELES TIMES to debating in Manhattan at the New York Bar Association, Kelo has been quite an experience. While most of these moments have focused on constitutional arguments, this essay returns us to the forgotten and ignored side of Kelo and questions about whether government is deserving of the awesome discretionary power granted by eminent domain.

“The plan, of course, was an effort for the entire community to better itself. That is, unless you actually lived in The Fort.” – Matt Dery (The Dery family has lived in The Fort since 1895) A HIP LITTLE CITY Among the many forces involved in the attempt to turn New London around in 1997 were the president of Connecticut College, the governor of Connecticut, and the head of Pfizer’s research and development. The New London Development Corporation (NLDC), a private, nonprofit corporation also was revitalized to oversee the implementation of the eminent domain plan. There was a buzz – people said that chic bookstores, cool coffee shops, posh Five-Star restaurants, and • 18 • Seton Hall University School of Law

Three things sparked New London’s aspirations to rebuild itself as a “hip little city.” The Connecticut Legislature declared the City of New London a distressed city. Pfizer Corporation announced the possibility of locating its international research and development facility adjacent to The Fort. Finally, the federal government suggested transferring ownership of 32 acres of a recently closed federal installation in The Fort to the City of New London, while the State of Connecticut pledged $70,000,000 for property acquisition, environmental cleanup, and infrastructure.

E LO Is Government Worthy of Such Power?

By Scott Sawyer ’95

In 1998, the city council voted to have the NLDC seek the funding to draft and implement a municipal development plan (MDP). In Connecticut, economic development plans are governed by various statutes that grant authority to take by eminent domain homes and land located within, or to/from, the project area. The stated goals and objectives of the MDP were to complement the undertakings of Pfizer: to create jobs and generate tax revenue, maximize public access to the waterfront, and build momentum for the revitalization of downtown New London and the balance of the city.

The MDP labeled each separate parcel proposed for acquisition by eminent domain. My clients live on Parcel 3 and Parcel 4a.

“This issue is us verses them, rich verses poor, the haves verses have-nots, the man verses the ungrateful masses.

We’re not against development. They didn’t listen to any of our ideas. None of them were put into the plan. The plan never changed. They just know what’s best for us. We’re just a bunch of dummies living in the slum.” – Susette Kelo ONLY AS A LAST RESORT From 1998 to 2000, the NLDC marched through the statutory process. Public hearings were held. Public comments were noted. Approvals were sought and obtained. The public asked whether eminent domain would be invoked; the typical response was, “Only as a last resort.”

“After, I said, ’No,’ God knows how many times, I was offered relocation to a double wide or city housing. They said they had nice city housing. With a straight face, they wanted to take me from a homeowner to an apartment dweller. And the apartments that they suggested for my relocation five years ago are now being threatened with a

shut down by the federal government after a mother and her child were stabbed to death. It was, and still is, simply insulting. Do I look like a double-wide girl? My neighbor owns four homes, works for a living, never had a mortgage – what are you going to be able to offer him? Nothing!

The whole eminent domain thing is just so stupid. Takers eat better – but givers sleep better. Someday they will pay a dear price for this.” – Susette Kelo In January of 2000, the city council transferred all of its authority to the NLDC as the implementing agency for the MDP. As a result of the transfer, the NLDC, an unelected, private, not-for-profit corporation, would implement the MDP, make decisions, and set policy using the state’s money, totally free from the city’s input.

“Those bastards told me that they are taking my house the day before Thanksgiving. What’s my Christmas present – an ax to the head?” – Susette Kelo The NLDC’s condemnation notices were served the day before Thanksgiving 2000. Shortly after, the Institute for Justice (IJ) and I joined forces. IJ refers to its lawyers as a “Merry Band of Litigators.” They are very focused, very smart brief writers and, most importantly, a media machine.

“Earlier this month, a tenant in my New London apartment building found himself being locked inside: Someone was padlocking his door from the outside.” – Bill Von Winkle, THE HARTFORD COURANT January, 29, 2001 One of the affected property owners, Bob Von Winkle, had many tenants in his buildings, which he had renovated. The rental payments were his sole source of income. Shortly after Fall Two Thousand and Six

• 19 •

Shortly after issuing the majority decision, Justice Stevens said in a speech, “My own view is that the allocation of economic resources that result from the free play of market forces is more likely to produce acceptable results in the long run than the best-intentioned plans of public officials.

The public outcry that greeted (the ruling) is some evidence that the political process is up to the task of addressing such policy concerns.”

“Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.” – Justice Sandra Day O’Connor’s dissent in Kelo Scott Sawyer talks with residents at an “End Eminent Domain” rally in New London, CT.

Mr. Von Winkle’s property was taken by eminent domain, the NLDC began relocating the tenants. The NLDC wanted the buildings vacant as soon as possible so the buildings could be demolished. As quickly as the NLDC was moving his tenants out, Mr. Von Winkle was moving new tenants in.

The following events actually occurred in America in the year 2000. The NLDC without judicial intervention of any kind, unannounced, and with great swiftness entered Mr. Von Winkle’s building. Each apartment was padlocked shut, and each exterior fire escape exit was nailed shut from the outside.

According to Mr. Von Winkle, one set of tenants had been particularly frightened after finding themselves padlocked and nailed into their apartment. Others were locked out of their apartments. Many were left standing outside on the street on a very cold, windy January night.

“The club was where all the guys went, played cards, and got drunk. You know, all the important people. They had all the connections and they got to keep their club. They even had meetings with the head of Pfizer and NLDC people there.”

– Shirley Goss, daughter of Caesarina Pasqualini, a 98-yearold resident of The Fort THE FREE PLAY OF MARKET FORCES The Kelo trial lasted seven days. One witness’s testimony is especially memorable – the NLDC’s director of Real Estate Development was on the stand and was questioned if the condemnation of the Italian Dramatic Club, a popular clubhouse, could be politically sensitive. Before his lawyers could even shout, “Objection,” he answered, “Yes.” The trial court rendered its decision in 2001, holding that Ms. Kelo and the others on Parcel 4a could keep their homes because the plan was too speculative. However, the homeowners on Parcel 3 had to go because there was a foreseeable plan for Parcel 3. Those on Parcel 3 appealed, while the NLDC cross-appealed as to Parcel 4a. The Connecticut Supreme Court, 4-3, affirmed Parcel 3 and reversed Parcel 4a.

The IJ and I appealed to the United States Supreme Court. In a 5-4 ruling, the Supreme Court upheld the takings in a majority decision written by Justice John Paul Stevens.

• 20 • Seton Hall University School of Law

The Supreme Court unequivocally held that the NLDC had followed the letter of the law. I hope it is also clear from this essay that the NLDC had vast unchecked discretion when determining how it would stay within the law.

Some will continue to argue that governments need eminent domain for economic development; otherwise, our municipalities will fail. New London’s disaster could never happen to us, they claim. Comments I have heard from city leaders and residents of other communities where I have traveled include: “We’re not as stupid as New London.” “Our laws are different.”

“We don’t pick on our elderly or minorities.” “We don’t engage in favoritism.” “We wouldn’t allow influence or politics to play a role in eminent domain.” “We would never take anything unless we absolutely needed it.” “We would never, never engage in locking people in and out of their apartments.” What they often fail to consider, however, is that the residents of The Fort also never suspected just how far their government would go in the name of economic development.

THE POTENTIAL FOR INJUSTICE My contention is that government needs to be aware of the potential for injustice and build in the protections so as not to harm its citizens. No American citizen simply exercising a fundamental liberty should be subjected to the state’s discretion and whimsical treatment that my clients were forced to endure. Justice Thomas’ dissent equating eminent domain with “Negro removal” would suggest some agreement. Should anyone believe government is deserving of such awesome discretionary power, I suggest that minimally any use of eminent domain for economic development should receive Justice Kennedy’s “suspicious” or “prone-to-abuse” scrutiny.

However, in my view, we should not simply adopt some new standard. Instead, as I have witnessed in Kelo, eminent domain for economic development should not be permitted for one fundamental reason: government should not be trusted with such awesome power and authority when fundamental liberties are at stake.

Today, eight years later, my clients continue to live in The Fort free from property taxes and mortgage payments. The NLDC has not provided for any significant development or increased property tax revenues. The City of New London is in a financial crisis, and reports are that it is now considering bankruptcy.

FACULTY APPOINTMENTS KRISTEN E. BOON, J.D. J.D., New York University School of Law • M.A., McGill University • B.A., McGill University Kristen E. Boon, an expert in International Law, has joined Seton Hall Law School as an Associate Professor of Law. Professor Boon, who is teaching Contracts this semester, has served as a legal officer for the Canada Department of Foreign Affairs Human Rights and Humanitarian Law Section; as clerk to Supreme Court of Canada Justice Ian Binnie; as litigation associate with Debevoise & Plimpton in New York; and as legal officer (UNV) for the United Nations Mission in Kosovo.

She has authored and co-authored articles on such topics as legislative reform in post-conflict zones, international criminal courts, and federalism and the challenges of aboriginal self-government.

She earned her J.D., cum laude, from New York University School of Law in 2000; her M.A. in Political Science from McGill University in 1996; and her B.A., with honors, in Political Science and History from McGill University in 1994.

Center for Social Justice LORI NESSEL, J.D.

Professor John Kip Cornwell Named

ASSOCIATE DEAN

Appointed Director of the Center for Social Justice Lori Nessel, Professor, Dean’s Fellow, and long-time Supervisor of the Immigration & Human Rights Clinic at Seton Hall University School of Law, was appointed this summer to serve as the new Director of the Center for Social Justice. She replaces Linda Fisher, who has stepped down from the administrative position to focus her energies on the clinics and teaching.

Professor Nessel came to Seton Hall Law in 1995 after completing a Skadden Arps Public Interest Law Fellowship representing migrant farm workers in upstate New York. Under her direction, the Immigration & Human Rights Clinic has won several ground-breaking decisions, including one of the first decisions to recognize domestic violence as torture under the United Nations Convention Against Torture. In addition to her clinical teaching, she teaches two immigration courses and has taught Gender and the Law and International Human Rights Law. Professor Nessel’s recent scholarship has focused on the intersection of labor and immigration laws and on the gendered dimensions of the United States refugee protection regime, particularly its implementation of Article 3 of the Convention against Torture. She has published in top journals including MINNESOTA LAW REVIEW, AND HARVARD CIVIL RIGHTS/CIVIL LIBERTIES LAW REVIEW.

2006-2007 Faculty Fellows – Center for Social Justice Three noted public interest experts have joined the Center for Social Justice as Faculty Fellows for the 2006-2007 academic year.

Scott Michelman, J.D., Clinical Fellow J.D., Harvard University • B.A. Duke University

Meetali Jain, J.D., International Human Rights/Rule of Law Project Fellow

Professor John Kip Cornwell has been named Associate Dean, joining Associate Dean Kathleen Boozang,who is on sabbatical until January 2007.The new position was created in response to the growth of Seton Hall Law and its rise in national stature in recent years, which has increased and broadened the range of administrative responsibilities.

Dean Cornwell received his A.B., with honors, from Harvard University, his M.Phil. in International Relations from Cambridge University, and his J.D. from Yale Law School where he was an Editor of the YALE LAW JOURNAL. He clerked for the Honorable Mariana R. Pfaelzer of the United States District Court for the Central District of California, and the Honorable Dorothy W. Nelson of the United States Court of Appeals for the Ninth Circuit. He served as a senior trial attorney for the Civil Rights Division of the U.S. Department of Justice and as an adjunct professor at the National Law Center of George Washington University. In 1993, he received a Special Achievement Award from Attorney General Janet Reno for “sustained, superior performance” at the Justice Department.

J.D., University of California Hastings College of Law • B.S. Georgetown University

Michael Barbosa, J.D., Urban Revitalization, Project Fellow J.D., American University Washington College of Law • B.A. Syracuse University College of Arts and Science For profiles on the new fellows, please visit the Center for Social Justice website at http://law.shu.edu/csj/faculty.html

He has published in the areas of mental health law, criminal law and procedure, and federal civil rights law. In addition, Dean Cornwell currently serves as the Director of the New Jersey Institute of Law and Mental Health. He was the Student Bar Association’s Professor of the Year in 19951996, 1998-1999, 2001-2002, and 2004-2005.

He joined the Seton Hall Faculty in 1994.

Fall Two Thousand and Six

• 21 •

FACULTY BOOKS DAVID BARNES THE LAW OF INTELLECTUAL PROPERTY With Craig Nard, Case Western Reserve University; and Michael Madison, University of Pittsburgh Publisher: Aspen This innovative casebook on the buying and selling of ideas weaves together statutes, problems, and theory to provide an overview of federal trademark and copyright, as well as patent law and state laws of trade secrets and contracts. It is designed as a student-friendly book, with cases chosen to maximize student interest in the subject matter.

BASIC TORT LAW (2ND ED. 2006) With Arthur Best, University of Denver Publisher: Aspen This very popular casebook covers the full range of tort topics from battery, recklessness, and negligence to defamation, malpractice, products liability, and no-fault liability, as well as theoretical perspectives on tort law. With only a few classic exceptions, such as the famous Palsgraf, Summers v. Tice, Byrne v.

Boadle, and The T.J. Hooper opinions, all cases were decided after the current generation of law students was born.

CARL COLEMAN THE ETHICS AND REGULATION OF RESEARCH WITH HUMAN SUBJECTS With Jerry A. Menikoff, University of Kansas School of Medicine; Jesse A. Goldner, St. Louis University School of Law; and Nancy N. Dubler, Albert Einstein College of Medicine Publisher: Lexis/Nexis This unique and important resource provides a comprehensive overview of the ethical and regulatory structure governing research with human subjects in the United States, as well as an in-depth exploration of a broad range of ethical and policy questions implicated by experimentation involving humans.

TIMOTHY P. GLYNN AND CHARLES A. SULLIVAN EMPLOYMENT LAW: PRIVATE ORDERING LIMITATIONS

AND ITS

With Rachel S. Arnow-Richmond, University of Denver Publisher: Aspen Written by three of the nation’s leading employment scholars, this forthcoming casebook examines the law governing the employment relationship. Focusing on “private ordering and its limitations” as a unifying theme, it identifies the competing interests at play in each arena of employment law and explores how the law attempts to balance them at this point in our history.

• 22 • Seton Hall University School of Law

PAULA FRANZESE LAW AND CLASS IN AMERICA Edited by Paul D. Carrington, Duke University School of Law; and Trina Jones, Duke University School of Law Publisher: New York University Press In the chapter “Residential Privilege: The Advent of the Guarded Subdivision,” Professor Paula Franzese and co-author David Callies examine the rise of residential privilege in the context of the advent of gated communities, noting that a host of trends over the past 30 years has culminated in significant exclusion.

THE AFFECTIVE ASSISTANCE OF COUNSEL: PRACTICING LAW AS A HEALING PROFESSION Edited by Marjorie Silver, Touro Law Center Publisher: Carolina Academic Press In the chapter, “The Good Lawyer: Choosing to Believe in the Promise of Our Craft,” Professor Franzese provides an exposition of the central themes surrounding new directions in lawyering, psychology, and multiculturalism, along with more humanistic approaches to the practice of law.

RACHEL GODSIL AWAKENING FROM THE DREAM: CIVIL RIGHTS UNDER SIEGE AND THE NEW STRUGGLE FOR EQUALITY With Denise C. Morgan, New York Law School; and Joy Moses, National Law Center on Homelessness & Poverty Publisher: Carolina Academic Press This collection of essays examines the Supreme Court’s dismantling of federal laws that advance inclusion, equal membership, political participation, and economic mobility in our diverse national community, and how the ongoing Federalism Revolution has crippled Congress’ legislative powers and made it difficult for individuals to bring suit to enforce their civil rights.

DENIS F. MCLAUGHLIN CASES, TEXT, AND PROBLEMS ON CIVIL PROCEDURE (2ND ED. 2002) With Larry L. Teply and Ralph U. Whitten, Creighton University School of Law Publisher: William S. Hein & Co., Inc. This classic civil procedure text is popular with firstyear students across the country for its accessibility and its integration of both the basic and more complex issues of federal and state civil procedure.

Fall Two Thousand and Six

• 23 •

2006-2007 Merck Visiting Scholars Since 1994, Merck & Co. has been a generous supporter of the Health Law & Policy Program’s visiting scholar series. Merck’s interest in and support of health law in New Jersey has allowed Seton Hall Law School to bring outstanding health law scholars to its students and the wider legal community. During the 20062007 academic year, Seton Hall Law School welcomes Professors Christopher Slobogin in the fall and Paul S. Appelbaum, M.D., in the spring semesters.

• 24 • Seton Hall University School of Law

CHRISTOPHER SLOBOGIN, J.D., LL.M. Stephen C. O’Connell Chair University of Florida Fredric G. Levin College of Law Merck Visiting Scholar October 16-20, 2006 Professor Christopher Slobogin assumed the Stephen C. O’Connell Chair at the University of Florida Fredric G. Levin College of Law in 1998. His scholarship has focused largely on mental disability law and criminal law. He has authored dozens of articles, books, book chapters, and book reviews on these topics, among others. He most recently published Minding Justice: Laws that Deprive People with Mental Disability of Life and Liberty (HARVARD UNIVERSITY PRESS) and will soon publish Proving the Unprovable: The Role of Law, Science and Speculation in Assessing Culpability and Dangerousness (OXFORD UNIVERSITY PRESS) and Virtual Searches: Government Surveillance and What to Do About It (UNIVERSITY OF CHICAGO PRESS).

Professor Slobogin has been particularly active in American Bar Association (ABA) activities, serving as reporter for the ABA’s Task Force on Law Enforcement and Technology and for the ABA’s Task Force on the Insanity Defense, and as chair of the Florida Assessment Team for the ABA’s Death Penalty Moratorium Implementation Project. He drafted proposed ABA standards dealing with mental disability and the death penalty.

Professor Slobogin received his undergraduate degree from Princeton University and his J.D. and LL.M. degrees from the University of Virginia School of Law. He has taught as a visiting scholar both nationally and internationally at the University of California, Hastings; the University of Frankfurt, Germany; Monash University, Melbourne, Australia; the University of Virginia; the University of Nebraska; and Kiev University, Ukraine, where he was a Fulbright Scholar.

PAUL S. APPELBAUM, M.D. Director, Division of Psychiatry, Law and Ethics Columbia University College of Physicians and Surgeons Merck Visiting Scholar March 12-16, 2007 Professor Paul S. Appelbaum joined Columbia University College of Physicians and Surgeons and Columbia Law School in 2006 after a 20-year tenure as the A.F. Zelenik Professor and chair of Psychiatry and director of the Law and Psychiatry Program at the University of Massachusetts Medical School. Professor Appelbaum has written hundreds of peer-reviewed articles, clinical handbooks, guides, books, and book chapters on a variety of topics, including mental health law, violence and mental disorders, dementia, research ethics, and ethics in medical and psychiatric practice. Four of his publications were recognized with the Manfred S. Guttmacher Award by the American Psychiatric Association and the American Academy of Psychiatry and the Law, of which Professor Appelbaum is past president.

Professor Appelbaum is the recipient of numerous awards, among them the President’s Award of the Massachusetts Psychiatric Society for distinguished contributions to psychiatry and the Phillippe Pinel Award of the International Academy of Law and Mental Health for outstanding contributions to scholarship, pedagogy, and leadership in the field of law and mental health.

He has been a visiting lecturer and scholar at universities and university medical centers across the country.

Professor Appelbaum received his undergraduate degree from Columbia College and his M.D. from Harvard Medical School. He continued graduate study at Harvard Law School and the Graduate School of Public Health, University of Pittsburgh.

• 25 • Seton Hall University School of Law

Fall Two Thousand and Six

• 25 •

NEW ADMINISTRATORS LAURA R. DAUCHY, J.D. Admissions Counselor • J.D., Rutgers University School of Law-Newark • B.A., York College of Pennsylvania Laura R. Dauchy recently joined Seton Hall Law School as an Admissions Counselor. In addition to evaluating candidates for admittance and making recommendations to the Admissions Committee, Ms. Dauchy represents Seton Hall Law at national and regional recruitment events, and is on the road on behalf of Seton Hall Law throughout the fall semester. Ms. Dauchy, an attorney licensed in New Jersey, was formerly an associate with Pellettieri Rabstein and Altman where she practiced family law, and also previously served as law clerk to the Honorable E. David Millard.

JOHN M. FLANAGAN Facilities Manager • B.S., University of Phoenix John Flanagan joined Seton Hall Law School this past spring assuming the position of Facilities Manager. In this role, Mr. Flanagan is responsible for the management of the Operations & Maintenance, Janitorial, Cafeteria, Bookstore, and Mailroom services, along with managing office relocations and construction. Mr. Flanagan is a certified project manager with experience in facilities management and finance. Prior to joining the Seton Hall Law School team, he worked as a project manager for Telcordia Technologies. He currently is pursuing his Master of Business Administration in Technology Management.

KWOK SHUI LIU PC Support Specialist • B.A., Rutgers University Kwok Shui Liu (Tan Tan) joined Seton Hall Law School in 2005 assuming the position of PC Support Specialist.

In this role, Mr. Liu is responsible for the daily maintenance and operation of all computers used by the Law School community. Prior to joining the Seton Hall Law School team, he worked as a helpdesk assistant for Rutgers University, Department of Education Outreach and the Department of School of Communication, Journalism and Library Science.

MICHELE CONTRERAS SADATI, J.D. Associate Director of Career Services/Director of Programming • J.D., Rutgers University School of LawNewark • B.A., Colgate University Michele Sadati joined Seton Hall Law School in September 2005 as Associate Director of Career Services/Director of Programming, delivering comprehensive career development, planning, and placement support to students and alumni. She also develops marketing and outreach strategies, searches for job opportunities, and maintains positive relationships with potential employers. In addition, she is responsible for all aspects of developing, organizing, and implementing the office’s educational, career development, and job search programming. In 1998, she served as a summer associate with the law firm Lowenstein Sandler, PC, and was a litigation associate with the firm from 1999-2005.

VEENA SEELOCHAN, J.D. Public Interest Director, Office of Career Services • J.D., Seton Hall University School of Law • B.A., Douglass College, Rutgers University Veena Seelochan joined Seton Hall Law School as the Public Interest Director in January 2006, serving as a resource for alumni, students, and members of the law school community engaged in nonprofit and government service. In addition, she manages financial programs and oversees public interest events and opportunities within the law school and the community at large. As a student at Seton Hall Law, she served as

• 26 • Seton Hall University School of Law

president of the Public Interest Network and as a student attorney with the Immigration and Human Rights Clinic.

She interned at the Mental Health Project of the Urban Justice Center and at the N.A.A.C.P. Legal Defense and Educational Fund. In addition, she worked as a legal researcher for the Navajo Nation Department of Justice and as a law clerk at Krumholz Dillon, P.C. Following graduation in 2002, she clerked for the Honorable Edwin H. Stern, and previously worked as a staff attorney at the Community Health Law Project.

SEGUNDO TERAN Director of Institutional Research, Management, and Statistics • B.S., Brooklyn College, City University of New York Segundo Teran joined Seton Hall Law School in June as Director of Institutional Research, Management, and Statistics, providing institutional data and analysis in support of the Law School’s strategic planning processes.

Mr. Teran’s goal is to develop a data warehouse that will allow end users to obtain data via an intranet web application. He also is assisting with the implementation of a new university-wide database administrative system, SCT Banner. Mr. Teran possesses extensive experience in systems development, data analysis, systems support, and project management. Prior to joining Seton Hall Law, he worked at Prudential Financial and at Wachovia Bank as a senior data analyst.

CINDY WILSON, J.D. Director of Students Services • J.D., Seton Hall University School of Law • B.A., Rutgers University Cindy Wilson joined Seton Hall Law School in November 2005 as Director of Student Services, assisting students in the planning and implementation of all activities and events. Ms. Wilson also provides budgetary oversight to the Student Bar Association, student organizations, and law journals. In addition, she assists the Dean of Students in coordinating Orientation and Commencement. She also counsels students on curriculum choices and provides guidance with professional development. Ms. Wilson’s goal is to organize events that enrich students’ law school experience while preparing them for the practice of law. In 2005, she returned to New Jersey from Bethesda, Maryland where she clerked for the Chief Judge of the Family Division in the Circuit Court for Montgomery County, Maryland and then practiced domestic relations law with Paradiso, Dack, Taub & Sinay, P.C.

RECENT PROMOTIONS

STEPHANIE KAUFLIN, J.D.

DENISE PINNEY

RAMONA SERRATELLI

DAVID WEINBERG, J.D.

CARRIE WRIGHT

• Associate Director of Career Services and Externship Administrator

• Assistant Dean of Health, Science & Technology

• Administrative Assistant of Health, Science & Technology

• Associate Director of Admissions

• Development Officer

Fall Two Thousand and Six

• 27 •

2006 Distinguished Graduate

Timothy G. Rothwell A “Remarkable” 34-Year Career in New Jersey’s Pharmaceutical Industry

The son of a physician and grandson of a barrister, Timothy G. Rothwell, ’76, likes to describe his career in the pharmaceutical industry as a “marriage” of two family traditions.

President and CEO of sanofi-aventis U.S, he initially planned to become a physician, but then discovered a love for the law.

Born in England, Mr. Rothwell recalls that as a child “medicine” was a topic discussed extensively at the family dinner table.

It was also medicine that got him to the United States. When England socialized health care, his father decided to start a new life and practice here.

As an undergraduate at Drew University, Mr. Rothwell says, “I was a pre-med student, but then decided I wanted to get into the legal side of things.” Wasting no time, he graduated with his B.A. in chemistry on a Saturday, started in the legal department at Sandoz the following Monday, and began working on his law degree in Seton Hall Law School’s evening division that September.

Timothy G. Rothwell

Upon receiving his J.D., Mr. Rothwell continued his work within the pharmaceutical industry initially as an intellectual property lawyer, as a registered patent agent, and in regulatory and FDA law, as he then moved into increasingly higherlevel management positions.

As Seton Hall Law Dean Patrick E. Hobbs notes, Mr. Rothwell, in fact, has had a “remarkable 34-year career within the pharmaceutical industry.” He has held leadership positions in five major pharmaceutical companies, is a leading voice in promoting the advancement of best practices in compliance and business ethics, and volunteers his time and expertise to several advisory boards, including Seton Hall Law’s Board of Visitors.

• 28 • Seton Hall University School of Law

The Alumni Dinner Dance: A Time to Celebrate, Renew Friendships and Connect Again

Timothy G. Rothwell and his wife, JoAnn, enjoy a dance together.

Another couple joins them on the dance floor.

(l-r) Debra LaSala, Linda Lordi Cavanaugh ’79, and Lorie Miller take time to pose for a picture.

JoAnn Rothwell (right), wife of Timothy G. Rothwell, smiles at one of her husband’s comments during his acceptance speech as the 2006 Distinguished Graduate.

Fred Hassan, Chairman and CEO of Schering-Plough Corp., and Dean Patrick E. Hobbs present Timothy G. Rothwell, President and CEO of sanofi-aventis U.S., with the 2006 Distinguished Graduate Award.

Timothy G. Rothwell with his family (l-r): daughter Heather; wife, JoAnn; daughter Tiffany; and her boyfriend William Proetta.

Proud to be Seton Hall Presented with the 2006 Distinguished Graduate Award at the annual Alumni Dinner Dance this past April, Mr. Rothwell holds a special affection for both the Law School and Seton Hall University. He is proud to note that his daughter Tiffany is an undergraduate studying communications at Seton Hall, and that her boyfriend William Proetta began his first year at Seton Hall Law this fall. His daughter Heather, a junior in high school, also has identified Seton Hall as one of her top choices for college.

During his speech upon accepting the Distinguished Graduate Award, Mr. Rothwell noted with pride – and some humor – the many advances the Law School has made since his days as a student.

“From a purely aesthetic standpoint, you could say this school has had an ‘extreme makeover’ since the days that the Class of ’76 walked the halls. Forty Clinton Street was not One Newark Center, I assure you!”

But while the building may be different, several things have not changed, he says, including the Law School’s “tradition of highly motivated students” and a faculty that is “utterly devoted to its students and to the craft of teaching.”

Law and the Pharmaceutical Industry While at Sandoz, Mr. Rothwell worked his way to the position of chief operating officer. In 1989, he joined Squibb Corporation as senior vice president of marketing and sales for the U.S. Next he moved to Burroughs Wellcome where he was appointed vice president of global marketing and sales. He then returned to Sandoz in 1992 where he was named CEO.

Alumni President Frederic Regenye (right) and Alumni Council Members Tim Donohue and Jodi Hudson.

Following Sandoz, he served as worldwide president of Rhone-Poulenc Rorer Pharmaceuticals and as president of the company’s global pharmaceutical operations. From there, he joined Pharmacia where he served in various capacities, including president of the company’s global prescription business and as executive vice president. He joined SanofiSynthelabo Inc. in 2003 serving as president and CEO. In 2004, he was named President and CEO of sanofi-aventis U.S. While he does not currently practice law, Mr. Rothwell says, earning a degree in chemistry and his J.D. was an “especially appropriate combination” for pursuing a career in the pharmaceutical industry. Not only is the “pharmaceutical business basically legally regulated chemistry,” he says, “but in the pharmaceutical industry you never really remove your legal hat. Patents, corporate compliance, business ethics, litigation – these are the themes in my day-to-day work.”

But even more than that, he says, “studying law provides two useful things: an ability to recognize issues and to think them through logically.”

Having built a successful career within the pharmaceutical business, Mr. Rothwell says he now is pleased to be playing a role in helping Seton Hall Law with developing a Center for Health & Pharmaceutical Law. “Seton Hall Law is uniquely positioned to serve as a bridge between pharma companies, policy makers, and enforcement bodies,” he notes.

To be a part of helping to solidify that connection, he adds, “is to be able to return the favor to a school that has given me so much.”

Fall Two Thousand and Six

• 29 •

MAKE A DIFFERENCE Professor Denis McLaughlin encourages the Class of 2006 to use their law degrees to positively impact the lives of others.

Affecting the Quality of Life of Your Day Professor Denis F. McLaughlin Addresses the Class of 2006

Speaking to a full-house at the New Jersey Performing Arts Center (NJPAC) in Newark, Professor Denis F. McLaughlin, keynote speaker for the 52nd Annual Commencement Exercises, urged the Class of 2006 to use the “stamina, dedication, and sacrifice” that allowed them to complete law school to positively change the lives of others.

“Unlike other professionals, as lawyers we are directly involved with the administration of justice,” noted Professor McLaughlin. “No matter which career path in law we may choose, our role is the same – to ensure that legal rights, as well as legal obligations, are recognized and respected. Think about the unique opportunity that you have to use your law degree to affect life for the better.”

Professor McLaughlin has taught at Seton Hall Law since 1984, and currently teaches Civil Procedure, Evidence, and Civil Trial Practice. He is co-author of Cases,Text and Problems on Civil Procedure, has written numerous articles on civil practice and procedure, and his law review article on the federal supplemental jurisdiction statute has been cited in 43 judicial opinions, including nine federal courts of appeals and two state Supreme Court opinions.

• 30 • Seton Hall University School of Law

The law profession is unique in that it provides a “constellation of opportunity for personal and professional fulfillment,” said Professor McLaughlin. Although he spoke of his own 10-year career as a legal services attorney before joining the Seton Hall faculty, he urged the graduates to find the practice that is right for them. “Our society needs and deserves good, hardworking, ethical attorneys in every area of practice,” he said.“ Every type of law practice is a vehicle for serving the public good.”And whatever path in law is chosen, each lawyer should seek to improve the quality of life of others, to build a reputation for excellence, and “to choose the practice that best harmonizes your beliefs and values as a person with your vision of yourself as a lawyer,” he added.

“Be proud of all that you have achieved. Be proud that you are now a lawyer. Be proud that you will always be a special part of our Seton Hall family,” Professor McLaughlin told the graduates. But most importantly, “let it be said of you someday, that you were a person who affected the quality of life of your day.”

Seton Hall Law bestowed 365 J.D. degrees and 19 M.S.J. degrees at its 2006 Commencement.

1

5

2

6

3

7

1. LINING UP The Class of 2006 lines up on the ramps to position themselves for the procession along Mulberry Street.

2. ON OUR WAY The Class of 2006, led by bagpipers, makes it way to the New Jersey Performing Arts Center under a light spring rain.

3. ACHIEVE WHAT IS GOOD William Joseph Reeves Jr. reminds his fellow graduates that with great power, comes great responsibility and a commitment to “achieve what is good.”

4. JUST DANCE Amita Nerurker, ’09, sings “Just Dance” for the Class of 2006.

5. ALL SMILES Cristen Keagan, now both mom and lawyer, smiles for the camera.

6. A HARD-EARNED DEGREE Emanuel Ames checks to make sure he has his J.D. in hand.

4

7. A PROUD FAMILY Cheryll Ann Abuedo shares a proud moment with her family outside the New Jersey Performing Arts Center.

Fall Two Thousand and Six

• 31 •

Class

News

&Notes 1960

8, 2006 at the New Jersey Law Center. Paulette Brown

Terence G. Connor ’67, of Miami, FL, has been named

’76, of Plainfield, has joined Edwards & Angell as a

Partner and will co-head the labor and employment

Partner. Stephen H. Monson ’76, of Fanwood, was

practice at Hunton & Williams LLP. The Honorable W.

presented with the 2005 Outstanding Career Advocacy

Hunt Dumont ’67, of Mendham, has been named

Award from the New Jersey County Prosecutors’

Fellow of the American Bar Association. The Honorable

Association. Keith Nowak ’76, of Middletown has

Walter R. Barisonek ’68, of Mountainside, has been

joined Carter Ledyard & Milburn. William Pagano ’76,

named Fellow of the American Bar Association.

of Hawthorne, has been named President of Colonial Commercial Corporation. Timothy Rothwell, J.D. ’76, a

1970

graduate of the Health Law & Policy Program, was

The Honorable John T. Mullaney Jr. ’70, of

recently honored as the 2006 Seton Hall Law School

Middletown, has been sworn in as Superior Court

Distinguished Graduate at the Annual Alumni Dinner

Judge and assigned to the Monmouth County

Dance in April. Anne S. Babineau ’77, of Summit, has

Courthouse. John F. Neary ’72, of Secaucus, has joined

been listed as a Super Lawyer by LAW & POLITICS maga-

Florio Perrucci Steinhardt & Fader, L.L.C. at the firm’s

zine. The list of “Super Lawyers” was published in the

Rochelle Park office, bringing with him more than 30

April edition of NEW JERSEY MONTHLY and NEW JERSEY SUPER

years of legal experience in the construction field. In

LAWYERS. Ms. Babineau, Shareholder at Wilentz, Goldman

May 2005 and 2006, Mr. Neary was named one of the

& Spitzer P.A. and Chair of the firm’s Public Utilities

top attorneys in New Jersey in construction/surety by

Team, is listed in the Public Utilities section of the Super

NEW JERSEY SUPER LAWYERS magazine. Richard H. Steen

Lawyers’ listing. William D. Costigan Jr. ’77, of

’75, of Lawrenceville, was installed as Treasurer of the

Middletown, has been named one of the top sales

New Jersey State Bar Association at the Annual

Executives at Murphy Realty for the past three years as

Meeting in Atlantic City on May 18, 2006, and serves on

a Real Estate Broker and Associate. Peter G. Sheridan

the Board of the State Bar Foundation. Mr. Steen was

’77, of Princeton, was recently appointed to the U.S.

honored with the 2006 Distinguished Service Award at

District Court, District of New Jersey. Dominic V. Caruso

the prestigious Clapp Awards ceremony of the New

’78, of North Haledon, has been named President of

Jersey Institute for Continuing Legal Education on June

the Passaic County Bar Association. Brian J. Molloy ’78,

• 32 • Seton Hall University School of Law

A L.E.O. Alumni Scholar Christopher Robinson, recipient of the 2005 Legal Education Opportunities Institute Alumni Scholar Award, with Christina L. Bennett, Assistant Director of Legal Research and Writing and Academic Support (left), and Karol Corbin Walker, Past President of the New Jersey State Bar Association, at the annual LEO dinner.

of Westfield, has been listed as a Super Lawyer by LAW &

Shareholder at Wilentz, Goldman & Spitzer P.A. and

POLITICS magazine. Mr. Molloy, a Shareholder at Wilentz,

member of its Criminal Law/Civil Rights Team, is listed

Goldman & Spitzer P.A.,Chair of its Commercial Litigation

in the Criminal Defense section of the April Super

Team and Co-Chair of its Appellate Practice Team, is listed

Lawyers’ listing. JoAnne Watson ’81, of Somerset, has

in the Business Litigation section of the April Super

been appointed as a municipal court judge in Newark.

Lawyers’ listing. Sheila Jeffrey ’79, of Ann Arbor, MI,

Wanda Akin Brown ’82, and her husband, Raymond

has been elected Principal at Miller, Canfield, Paddock

Brown, of South Orange, both adjunct professors at

and Stone, P.L.C.

Seton Hall Law School, were recently included on the List of Counsel for the International Criminal Court,

1980

allowing them to represent accused and victims before

Eve Costopoulos ’81, of Morristown, Vice President,

the Court. Christopher J. Carey ’82, of Washington

Corporate Compliance, Global Compliance and

Township, has been named Fellow of the American Bar

Business Practices, Schering-Plough Corporation, has

Association. The Honorable James A. Gibbons ’82, of

been named one of the top 35 New Jersey female

Clark Summit, PA, has been elected Magisterial District

executives by Executive Women of New Jersey. The

Judge, covering 11 municipalities. Eric John Marcy ’82,

Honorable Paul Firmani ’81, of Wesley Chapel, FL, has

of Washington Township, has been named Chair to

been named as a new Pasco County Court Judge in

Greystone Park Psychiatric Hospital Board of Trustees.

Florida. Sheila A. Gaddis ’81, of Rochester, NY, has

He also has been listed as a Super Lawyer by LAW &

been named Co-Chair of the New York State Bar

POLITICS magazine. Mr. Marcy, a Shareholder at Wilentz,

Association’s Pro Bono Coordinators Network. Lynn F.

Goldman & Spitzer P.A, is listed in the Criminal Defense

Newsome ’81, of Lawrenceville, was installed as

section of the April Super Lawyers’ listing. Margaret

President-Elect of the New Jersey State Bar Association

Leggett Tarver ’82, of Willingboro, has been appointed

at the association’s Annual Meeting in Atlantic City on

Trustee of the New Jersey State Bar Foundation. John J.

May 18, 2006. She is a Partner in the firm of Donahue,

Henschel ’84, of Warren, has been elected President of

Hagan, Klein, Newsome & O’Donnell, P.C. James E.

the New Jersey State Bar Foundation. Kevin H. Marino

Trabilsy ’81, of Watchung, has been listed as a Super

’84, of Westfield, has been named Fellow of the

Lawyer in LAW & POLITICS magazine. Mr. Trabilsy, a

American Bar Fellows. Noel L. Hillman ’85, of Great

Fall Two Thousand and Six

• 33 •

A Valentine’s Lesson Professor Paula Franzese provides her students in her Commercial Law class with some levity on St. Valentine’s Day as she uses customized heart balloons to demonstrate an important Uniform Commercial Code principle, providing a most memorable lesson in a classroom awash with Valentine’s red.

Falls, VA, was recently appointed to the U.S. District

The Joseph P. Lordi Scholarship (l-r) Dean Patrick E. Hobbs with Carolyn Dellatore, the recipient of the 2005-2006 Joseph P. Lordi Memorial Scholarship, awarded by the Miele Foundation, with John Azzarello and Marc D’Angiolillo, both former Law School Miele Scholars. Mr. Azzarello is currently a member of the Joseph P. Miele Foundation Board of Trustees and a partner with the Newark offices of Kirkpatrik & Lockhart Nicholson Graham, an international firm based in Pittsburgh. Mr. D’Angiolillo is a partner with the Morristown firm of Riker, Danzig, Scherer, Hyland and Perretti.

Italian American Bar Association New Jersey Chapter.

Court, District of New Jersey. He also recently was

Mary Ellen Scalera ’88, of Convent Station, has been

presented with Monmouth University’s Distinguished

named a Partner with Riker Danzig Scherer Hyland &

Alumnus Award. Margaret M. Madden ’85, of New

Perretti LLP. The Honorable Madeline E. Cox Arleo ’89,

York, NY, has been promoted to Assistant General

of West Caldwell, has been named Fellow of the

Counsel at Pfizer Inc. as head of the Employment Law

American Bar Fellows. Tommie Ann Gibney ’89, of

Group. Peter C. Zolper ’85, of Fairfax Station, VA, has

Medford, has been elected Third Vice President of the

been appointed to the federal bench as an Associate

Association of Trial Lawyers of America in New Jersey.

Judge, Army Court of Criminal Appeals in Arlington, VA.

Gianfranco A. Pietrafesa ’89, of Hawthorne, has been

Brian M. Foley, J.D. ’86, a graduate of the Health Law &

selected for THE BEST LAWYERS

Policy Program, has become a Partner at Schenck, Price,

corporate law. Thomas P. Scrivo ’89, of Livingston, has

Smith & King, LLP, in Morristown. He is the former vice

been installed as the 107th President of the Essex

president and general counsel of Cathedral Healthcare

County Bar Association.

IN

AMERICA in the area of

System. Karol Corbin Walker ’86, of Morris Township, has been named Fellow of the American Bar Fellows.

1990

Michael Chagares ’87, of Ramsey, has been appointed

Hope D. Mehlman Hurowitz ’91, of Birmingham, AL,

Judge of the U.S. Court of Appeals for the Third Circuit.

has joined Regions Financial Corporation as an

Michael D. Esposito ’87, of Coral Springs, FL, has

Associate Counsel. Steven A. Karg ’91, of Branchburg,

joined Home Depot as Director, Employment Practices

has been named Treasurer of the Somerset County Bar

for the Northern Division. Kevin T. McNamara ’87, of

Association. Margaret Raymond-Flood ’91, of

Spring Lake, has been selected as a New Jersey Super

Ringoes, was selected to speak at the Meritas 2005

Lawyer in Banking and for inclusion in THE BEST LAWYERS

Litigation Section Meeting on “Effective Litigation &

AMERICA 2006 in the Banking and Creditors’ Rights

Discovery Strategies.” James M. Maggio Jr. ’92, of

category. Kenneth J. Tozzi ’87, of Bel Air, MD, has been

Clifton, has become an Associate at Riker Danzig

promoted to the rank of Colonel in the U.S. Judge

Scherer Hyland & Perretti LLP, in the commercial real

Advocate General’s Corps. Robert A. Bianchi ’88, of

estate group. Brett M. Reina ’92, of Morristown, has

Morris Plains, has been re-elected President of the

joined Riker Danzig Scherer Hyland & Perretti LLP as

IN

• 34 • Seton Hall University School of Law

Opening the Doors after Katrina Students from Tulane and Loyola universities register for classes at Seton Hall Law, which offered a total of 10 students free tuition for the year and the chance to continue their studies following the devastation of Hurricane Katrina.

Starbucks Arrives at Seton Hall Law Students enjoy a break from classes in the new coffee shop at Seton Hall Law, featuring Starbucks coffee, baked goods, and grab-and-go salads and sandwiches.

Counsel. Simone E. Handler-Hutchinson, J.D. ’93, a

Adams Pro Bono Publico Award from the Supreme

graduate of the Health Law & Policy Program, has

Judicial Court Standing Committee on Pro Bono Legal

become an Associate at Schenck, Price, Smith & King,

Services for her outstanding commitment to providing

LLP., in Washington, D.C. She is the former editor of

volunteer legal services for the poor and disadvantaged

HEALTH INFORMATION COMPLIANCE INSIDER and the executive

in Massachusetts. Melanie E. Marmion ’95, of Trenton,

director of the HIPAA SECURITY & PRIVACY STAFF TRAINER,

has joined Riker Danzig Scherer Hyland & Perretti LLP

HIPAA SECURITY COMPLIANCE INSIDER, and the MANAGED CARE

as an Associate in the firm’s tax and trusts & estates

CONTRACTING & REIMBURSEMENT ADVISORY at Brownstone

groups. Michele Meyer-Shipp ’95, of Princeton, has

Publishers. Chris Monasch ’93, of New York, NY, has

joined Merrill Lynch’s Hopewell office as Vice President

been named Director of Athletics at St. John’s

and Counsel. Brian J. Duff ’96, of Trenton, was named

University. Barry E. Moscowitz ’93, of Saddle Brook,

Young Lawyer of the Year by the Mercer County Bar

has been appointed Administrative Law Judge for the

Association. Maryjean Ellis ’96, of Sparta, has opened

State of New Jersey. Linda A.Tancs ’93, of Roselle Park,

a new law office in Sparta, concentrating in disability

has been admitted to the Supreme Court of England

law matters. Anthony Fernandez ’96, of Chatham

and Wales, and selected as an Exhibitor at NEW JERSEY’S

Borough, has joined Riker Danzig Scherer Hyland &

LAW JOURNAL’S “A Celebration of Lawyers in the Arts.”

Perretti LLP as Counsel. James B. Johnston ’96, of

Lincoln A. Terzian ’93, of Natick, MA, has joined

Union, has published two law review articles. The first,

KPMG’s Boston International Corporate Services, Tax

published by SETON HALL LEGISLATIVE JOURNAL, is titled

Practice as a Partner. Arthur Malkin ’94, of Parsippany,

Preventing Terrorist Financing by Implementing New

represented one of the first two graduates of the

Jersey’s Anti-Terrorism Laws: A Statutory Analysis of the

Morris County Family Drug Court, which is the first

Material Support or Resources Provisions of the

program of its kind in New Jersey. David A. DeSimone

September 11, 2001 Anti-terrorism Act and the Freezing

’95, of Allenwood, has been named General Counsel

Funds and Assets Related to Terrorism Legislation in the

for Cathedral Health Care System. Derrick R. Freijomil

New Jersey Criminal Code. The second, published by the

’95, of Montclair, has joined Riker Danzig Scherer

SOUTHERN CALIFORNIA REVIEW OF LAW AND WOMEN’S STUDIES at

Hyland & Perrettii LLP as Counsel. Marion Broidrick

the University of Southern California School of Law in

LePore ’95, of S.Yarmouth, MA, was presented with the

Los Angeles, is titled How the Confrontation Clause

Fall Two Thousand and Six

• 35 •

Scenes from the 2006 Public Interest Network Auction

This year’s Public Interest Network Auction raised nearly $55,000 to help support students interested in pursuing a career in public interest. Money raised through the event helps to fund both the Law School’s Public Interest Fellowship Fund and Loan Forgiveness Program. Also this year, the Honorable John W. Bissell was presented with Seton Hall Law’s Lifetime Achievement Award (pictured far right).

Defeated the Rape Shield Statute: Acquaintance Rape,The

Old Tappan, has been named Partner at Chasan Leyner

Consent Defense and the New Jersey Supreme Court’s

& Lamparello. Jason T. Stypinski ’97, of Edison, has

Ruling in State v. Garron. Jeralyn Lawrence ’96, of

joined Sterns & Weinroth, P.C. as an Associate. Benjamin

Watchung, has been elected Trustee to the Somerset

C. Curcio ’98, of Caldwell, has been appointed to a

County Bar Foundation, named Chair of the Family Law

four-year term as a member of the District VA Ethics

Committee of the Somerset County Bar Association,

Committee for Essex County. As an Associate in the

and been qualified for certification as a Matrimonial

Civil Litigation Department at St. John & Wayne, his

Law Attorney by the Supreme Court of New Jersey,

practice is focused on complex commercial litigation

Board of Attorney Certification. Michael D. Bell, J.D.

and general civil litigation. John J. Dabney ’98, of

’97, a graduate of the Health Law & Policy Program, has

Nyack, NY, has accepted an in-house legal position at

been appointed Practice Leader – Healthcare and

MTV Networks in New York. As Senior Counsel, he pro-

Information Management for EduNeering, Inc. in

vides national and international support for all of MTV

Princeton. Lan Hoang Cadigan ’97, of Westfield, has

Network’s cable networks, including MTV, VH1,

been named Director at Gibbons Del Deo Dolan

Nickelodeon, Comedy

Griffinger & Vecchione, PC in the Newark office.

Christopher Lowe ’98, of Rutherford, has been named

Christine Haberle Colella ’97, of Wayne, has joined

Partner at the law firm of Seyfarth Shaw LLP in New

Eisai, Inc. as an Associate Senior Counsel. Andrew T.

York City. Jeffrey S. Mandel ’98, of Pine Brook, was

Chicopee, MA, has

Spike TV.

joined

named Attorney of the Year by the New Jersey Young

Northwestern Mutual Financial Network as a new

Lawyers Association. Mr. Mandel, who appears regu-

Financial Representative. Bernard K Ham ’97, of North

larly as a guest legal commentator on Court TV, CNN,

Bethesda, MD, has joined Holland & Knight LLP as

Cablevision, and FOX News Channel, also has accepted

Senior Counsel in its Washington D.C. office. Jennifer

a teaching position at Rutgers Law School, Newark,

Dimauro ’97,

of

Central, and

Hradil ’97, of Basking Ridge, has been named Director

where he will teach Appellate Advocacy, which he has

at Gibbons Del Deo Dolan Griffinger & Vecchione, PC in

previously taught at Seton Hall Law School. Vasiliki

the Newark office. Michael D. Kibler ’97, of Los

Pagidas ’98, of Lyndhurst, has been elected to the

Angeles, CA, has been named Partner at Simpson,

Board of Directors of CONTACT for Mercer County.

Thacher & Bartlett, LLP. John L. Shahdanian II ’97, of

Joseph E. Sutton ’98, of Brooklyn, NY, has been named

• 36 • Seton Hall University School of Law

Taking Another Pie-in-the-Face Professor Charles Sullivan volunteers for the Pie-in-the-Face Contest held as part of the annual Public Interest Network Auction. One of the auction items is the pie-throwing contest where students and others bid to take a shot at the professors who volunteer for the event. In addition to Professor Sullivan, Professors Kip Cornwell, Mark Denbeaux and Paula Franzese participated in this year’s contest.

in the 2006 edition of MADISON WHO’S WHO among

Comprehensive Neuroscience, Inc., located in White

american executives and professionals based on

Plains, NY. Anthony J. Vinhal ’01, of Berkeley Heights,

outstanding achievement in the legal profession.

has joined Javerbaum Wurgaft Hicks & Zarin, PC as an

Michael J. Walls ’98 of Reston, VA graduated the LL.M.

Associate. Jessica F. Battaglia ’02, of Newark, has

Tax Program at Georgetown University Law Center in

joined Greenbaum, Rowe, Smith & Davis LLP as an

May. Patrick DeDeo, M.S.J. ’99, a graduate of the

Associate in the Real Estate Department. Stephanie

Health Law & Policy Program and member of the

Capps ’02, of Alexandria, VA, has joined Smith Pachter

HeLPP Advisory Board, is the Director of External Affairs

McWhorter PLC as an Associate. Adam J. McInerney

at William Paterson University in Wayne. Lance T.

’02, of Totowa, has joined Riker Danzig Scherer Hyland

Eisenberg ’99, of Randolph, has joined Drinker Biddle

& Perretti LLP as an Associate in the Labor and

& Reath as an Associate in the Florham Park office.

Employment Group. Remi L. Spencer ’02, of West Orange, formerly of the Union County Prosecutor’s

2000

Office, is proud to announce the formation of her new

Robert Baranowski ’00, of Marlton, has joined Ballard

firm, Spencer & Associates, Counselors at Law, L.L.C., in

Spahr Andrews & Ingersoll, LLP as an Associate in the

Newark. Ms. Spencer will concentrate her practice in

Real Estate Department. Erin I. O’Neil-Baker ’00, of

federal and state criminal defense, commercial litiga-

Columbia, CT, has opened her own law firm specializing in

tion, and municipal court matters. Leora Freire Volchik

immigration and federal civil litigation with a focus on

’02, of Boynton Beach, FL, has joined Richman, Greer,

employment discrimination and civil right violations.

Weil, Brumbaugh, Mirabito & Christensen as an

Matthew D’Ambrosio, J.D. ’01, a graduate of the

Associate. Joseph A. Arnold ’03, of Philadelphia, PA, has

Health Law & Policy Program, is the Chief Compliance

been elected to serve on the Board of Directors of the

Officer for Reliant Pharmaceuticals in Liberty Corner.

Lupus Foundation of America. Robert Carter ’03, of

Paul B. Matey ’01, of South Orange, has been appointed

Short Hills, has been appointed General Counsel to the

Assistant United States Attorney in the Criminal Division

New York Young Republican Club. Glenn L. Stein ’03, of

of the U.S. Attorney’s Office in Newark. Michael Plick,

Glen Ridge, has been appointed Chair of the Somerset

J.D. ’01, a graduate of the Health Law & Policy Program,

County Business Partnership Legislative Affairs

has been appointed Vice President of Marketing for

Committee after being appointed Vice Chair of the

Fall Two Thousand and Six

• 37 •

The First Order of Business When Chief Justice John Glover Roberts Jr. assumed his seat on the Supreme Court on October 1, 2005, his first official act was to admit eight Seton Hall Law School graduates to the Supreme Court Bar.The eight graduates admitted to the Supreme Court Bar were: John Napoleon Lemieux ’79, Demetra Agriantonis Maurice ’96, Francis R.X. Lyons ’76, Thomas George Kay ’99, Margaret Paula Miller ’84, Gregory William Fortsch ’94, Susan J. Ellis ’90, and Robert Joel Brass ’86.

Pictured here on the Supreme Court steps are (top l-r) John Napoleon Lemieux, Frank R.X. Lyons, Gregory William Fortsch, Thomas George Kay; (bottom l-r) Demetra Agriantonis, Susan J. Ellis, Dean Patrick E. Hobbs, 2005 School Bar Association President Michael Welch, and Robert Joel Brass.

Miele Foundation Scholarships (l-r) Dean Patrick E. Hobbs; Marc D’Angiolillo, Esq., from the Joseph P. Miele Foundation and Partner at Riker, Danzig, Scherer, Hyland, Perretti; Tara Touloumis, recipient of a $24,000 Cona/Miele Scholarship; Katherine Planer, recipient of a $10,000 Lordi Memorial Scholarship; and Joseph P. Miele, Chairman of the Joseph P. Miele Foundation; and Marina Meyer of the Joseph P. Miele Foundation.

The Matthew Hayes Scholarships (l-r) Dean Patrick E. Hobbs, students Randall Samson, ’08, and James Day, ’08, who each received a Matthew F. Hayes Memorial Scholarship, with David J. Meshulam, executor of the Matthew Hayes estate. The Matthew Hayes Scholarships are awarded to two students who achieve the highest cumulative grade point average in the day and evening divisions.

Committee for one year. Constance Kresge Stickle ’03,

his LL.M. in taxation at New York University. Hemangini

of Sparta, has opened her own law firm in Sparta, focus-

K. Patel, M.D., M.S.J. ’06, a graduate of the Health Law

ing on the areas of family law, and criminal and traffic

& Policy Program, has been appointed Director of

matters. Kathe Balinski, M.S.J. ’04, a graduate of the

Compliance for Career Education Corporation in

Health Law & Policy Program, has been appointed Vice

Piscataway. Joshua Timari, M.S.J. ’06, a graduate of the

President of Clinical Operations at Medarex, Inc. in

Health Law & Policy Program, has been appointed

Bloomsbury. Daniel Levy, J.D. ’04, a graduate of the

Compliance Manager for Commercial Products at

Health Law & Policy Program, of Jersey City, has pub-

Healthfirst, Inc. in New York City. Ami Doshi, J.D. ’07, a

lished The Maternal-Fetal Conflict: The Right of a Woman

graduate of the Health Law & Policy Program, was

to Refuse a Cesarean Section Versus the State’s Interest in

recently installed as the 2006-2007 2nd Vice President

Saving the Life of the Fetus, 108 W.VA.L.REV. 97 (2005).

of the New Jersey Pharmacists Association.

Carter August Reich, ’04, of Middletown has joined Nashel Kates Nussman Rapone & Ellis, LLP. Jignesh J.

Births:

Shah ’04, of Matawan, has joined Norris McLaughlin &

James Kimball ’92 and wife, Maura Johnson Kimball

Morris, P.A. as an Associate. Lorne B. Sheren ’04, of

’93, announce the birth of their second daughter Alana

Chatham, has opened his own law office. Jamie B.

Jeanne on June 7, 2005. She joins big sister Hanna, age

Kennedy ’05, of Parsippany, has joined Riker Danzig

5. Gregory W. Fortsch ’94 and Laura announce the

Scherer Hyland & Perretti, LLP as an Associate. Jaime

birth of their twin daughters Eleanor and Amelia on

Pego, J.D. ’05, a graduate of the Health Law & Policy

July 2, 2004. Dori L. Scovish ’95 and Spencer announce

Program, is a Compliance Coordinator for the Saint

the birth of their daughter Delanie Johna on May 23,

Barnabas Health Care System, West Orange. Leslie E.

2005. Evelyn Alfonso ’97 and James Dilulio announce

Rice ’05, of Hoboken, has joined Leonard S. Miller, P.A.as

the birth of their son James Luis on August 24, 2005.

an Associate. Michael Shapland, J.D. ’05, a graduate of

Christopher D. Adams ’98 and Stacey D. Adams ’98

the Health Law & Policy Program, has become an

announce the birth of their son Jake Robert on July 1,

Associate in the Health Law Department of Wolf Block

2005. Stephanie Bushell ’98 and husband announce

Brach Eichler in Roseland. Michael Luke, J.D. ’06, a

the birth of their daughter Natalie Kate on August 3,

graduate of the Health Law & Policy Program, is pursuing

2005. John J. Dabney ’98 and wife, Anna, announce

• 38 • Seton Hall University School of Law

Seton Hall Summer Abroad

A Great Adventure (l.-r) Robert “Blake”Williams, Queens University, Canada; Adam Touni, Golden Gate University; William Hett, University of Iowa; and Patrick J. Murphy, Seton Hall Law School, participants in this year’s Cairo Summer Program, enjoy a camel ride in the White Desert of Egypt’s Sahara. Held at The American University in Cairo, the program consisted of course in Islamic Jurisprudence, International Admiralty and Maritime Law, International Criminal Law, and International Oil and Gas Law.

A Most Spectacular View Dennis McMahon (left) and Michael Kosma, participants in this year’s Law in Ireland Summer Program, pose for a picture in Ladies View, offering one of the most famous and photographed views of Killarney. The Ireland program provides law students with a challenging and rewarding four-week experience in the study of international intellectual property law.

the birth of their first child Sophia Spencer. Joseph E.

On the Streets of Milan (l-r) Alexis Laufer, Gary Didieo, Portia Schlegel, and Gary Tulp, participants in this year’s Law in Italy program take some time to enjoy the streets of Milan during the Italy-Ukraine World Cup game. The 2006 program, which takes part in Milan and Parma, included courses in International Internet Law, and Comparative Law and Religion.

Michele announce the birth of their daughter

Sutton ’98 and wife, Elana, announce the birth of their

Katherine Elizabeth on November 20, 2005. Meghan

second child Ezra “Eddie” in December 2005. Despina

Hansen ’03 and John announce the birth of their son

Tartsinis ’98 and George F.Varessis announce the birth

John Philip on August 11, 2005. Conway Lee ’05 and

of their twin daughters, Evangeline and Sofia, on

Michelle announce the birth of their first child Trevor

October 7, 2005. Dina M. Vanides ’98 and her husband

on August 12, 2005. They are expecting their second

announce the birth of their daughter Angelina Zoe on

child around Thanksgiving 2006!

December 17, 2005. Kevin Walsh ’98 and Lisa Walsh ’98 announce the birth of their daughter Miriam Seton

Marriages:

on January 17, 2006. Jerome D. Jabbour ’99 and Jean

Michael J. Walls ’98 to Alexandra Vega Cantuarias

announce the birth of their daughter Jessica on

Gina Pontoriero ’99 to Giacomo A. Cocchiara

November 29, 2005. Darren Rydberg ’99 and Liz

Lillian Livoti-Burke ’00 to Robert E. Burke

announce the birth of their son Eric Stephen on August

Alicia Nestor ’00 to William R. Gable

13, 2005. Cherilyn Carlsen, ’00 and husband, Chris,

Michelle Millington ’02 to Tom Loucopolos

announce the birth of their twins, Lindsey Rose and

Kimberly Sparks Mitchell ’04 to Eric Mitchell

Logan Richard, on June 1, 2006. They join brother Luke, age 2. Grace Eisenberg ’00 and Lance Todd

In Memoriam:

Eisenberg ’00 announce the birth of their daughter

Stanley Kielbowicz ’72

Dina Alyse on July 11, 2005. Aaron A. Louridas ’00 and

Harry B. Hutton ’74

Jaime announce the birth of their daughter Maren Mae

Amanda A. Safirstein ’81

on July 31, 2004. Shannon Marcotte ’00 and husband, Joseph, announce the birth of their daughter Madison Ashley on January 24, 2006. Gina Graham ’02 and Brian announce the birth of their daughter Chloe Susana on September 5, 2005. Alexis Dowling ’03 and Thomas announce the birth of the daughter Sabrina

Correction In the last issue of Seton Hall Law,Thomas Daniel McCloskey’s year of graduation was incorrectly listed. He is a 1983 graduate of Seton Hall Law.

Joan on January 31, 2006. Kevin J. Doyle ’03 and

Fall Two Thousand and Six

• 39 •

ALUMNI From Seton Hall Law to The Judge Advocate General’s School

By Kathleen Brunet Eagan

Col. Gregory O. Block, ’85, considers himself one of the fortunate ones.

Raised in a military family, the son of a career Army signal officer, he always knew he would make a career in the military.Then he discovered a love for the law and was able to combine them both.

Now as Dean of The Judge Advocate General’s School, he is helping others to pursue the same rewarding career path he has enjoyed.

“I can’t image having a job more exciting than this one,” says Col. Block.“We take in graduates from law schools from around the nation and prepare them for the practice of law in the military. Every day, I get to see and touch the future.”

During his own career as a lawyer in the military, he has served as a legal assistance attorney, trial attorney, prosecutor, deputy staff judge advocate, and as staff judge advocate for the 25th Infantry Division in Hawaii and Afghanistan. The role of the staff judge advocate, in particular, is a comprehensive and complex one. Akin to the position of general counsel, the staff judge advocate is responsible for legal advice on everything the Army is involved in, ranging from military justice, to employment law, to contracts and claims, to fiscal law.

Located in Charlottesville, Virginia, The Judge Advocate General’s School provides graduate legal education, culminating in the award of the LL.M. degree, for all Army judge advocates, judge advocates from the other armed services, and select Army civilian attorneys, along with providing continuing legal education courses in military law. About 5,000 students pass through the school each year.

HISTORY, THE LAW, AND THE MILITARY As a full colonel more than 25 years of service, Col. Block could have opted for retirement. But when he was asked last year to accept the position of dean, there • 40 • Seton Hall University School of Law

was no hesitation. For him, there was no greater honor than to rejoin the institution where he earned his own LL.M. in military law and then later taught as a professor.

“Being a colonel and a dean, I have the opportunity to be involved in so many exciting things,” he says.

Born in Philadelphia, Col. Block attended schools around the country and overseas, but graduated from Monmouth Regional High School in Tinton Falls. Knowing the life of the military, one of his goals after graduating high school was to experience “non-military” life for a while so he enrolled at Washington State University.

He then was commissioned into the Army in 1979 through the ROTC program.

It was at Washington State University that he realized he wanted to study law.“I didn’t come from a long line of lawyers, but I was fascinated by the concepts of common law and how it develops based on history,” he says. “How it affects the military also fascinated me.The law and regulations are what holds things together. They’re the fabric that keeps us strong.”

A DESIRE TO SERVE Before attending law school, Col. Block first earned a Master of Science degree in Systems Management from the University of Southern California.From there,his initial assignment in the Army sent him to Germany as a personnel officer, company commander, and adjutant with the Heidelberg Medical Department Activity.

It was in Germany where he met Maureen Dursely, a native of Scotland, the woman who would become his wife and mother of his two sons, Colin and Gordon.

It was also in Germany where he obtained entrance into the Army’s Funded Legal Education Program (FLEP). A highly competitive program, FLEP accepts only a small number of applicants each year.

When Col. Block was accepted, the person he turned to for advice on what law school to attend was his father, who was then stationed at Fort Monmouth. His father’s recommendation was Seton Hall Law because of its strong academic reputation, says Col. Block.

Thinking back on his law school days, Col. Block fondly recalls a very active and involved faculty, courses that fostered his interest in history, and exploring the City of Newark. One memory that stands out is when Newark reopened its subways in the mid 1980s. “I dragged a couple of classmates out to go ride the subways, and they were just beautiful. You could just imagine and really see Newark in its heyday,” he says. He also remembers the friends he made among the faculty and student body, and says one of his hopes is that he will be able to renew some of those friendships now that he is settled back in the states.

During his career, Col. Block has traveled and lived around the world and earned more than just a few medals, including the Legion of Merit, Bronze Star Medal, Defense Meritorious Service Metal, Army Commendation Medal, the Army Achievement Medal, and the Parachutist Badge. Besides serving in Germany and Afghanistan, he has served as deputy staff judge advocate for the Eighth United States Army in Seoul, Korea, and as a NATO stabilization force legal advisor in Bosnia.

Asked what it takes to develop a career in the military, he responds,“You need to be adaptable, flexible, and possess a desire to serve.”

Life in the military may not be for everyone, Col. Block admits. But for those “with a desire to make a contribution to their country and a sense of patriotism,” he says, it can lead to many rewarding opportunities.

“It’s an amazingly complex world we live in, and when you work with the military, you are going to be deployed around the world and find yourself presented with incredible opportunities to help others,” he says. “I’ve been in the military a long time and feel fortunate that I found my niche. It’s a great thing when you have a job you enjoy and feel you can make a contribution.”

SPOTLIGHT An Odyssey of Achievement

By Daniel Seaman ’06 Few people exemplify the American Dream the way Loria Yeadon, ’94, does.

Growing up on a dirt road in rural Kenbridge,Virginia, she aspired to do great things. But as a child, she never dreamed that she would become the Chief Executive Officer of Honeywell Intellectual Properties Inc. (HIPI) in Tempe, Arizona.

Despite the initial encumbrances that often accompany a very rural upbringing, however, there were indications early on that success was in her future.

“Growing up, family and home life were very conducive to success and achievement,” says Ms. Yeadon. “Despite lacking college degrees, my parents were both selfstarters and insistent on the value of education. My dad was the smartest business man I have ever known, and my mom actually went back to school later in life to become a nurse.”

Ms. Yeadon’s first degree was a bachelor’s degree in electrical engineering from the University of Virginia (UVA). The segue from life in small-town USA to electrical engineering was no small task either.

“I attended Central of Lunenburg High School, which was a good school in the region, but I could not take calculus or physics during my senior year because of a lack of interest by the other students,” says Ms. Yeadon. “While other collegebound students took the summer off between high school and college, I spent my time learning calculus, physics, and everything else I was going to need in engineering school that fall.”

SOMETHING MORE Following her graduation from UVA, with distinction, in 1985, she joined Telcordia Technologies (formerly Bellcore) in Morristown where she worked as a fiber optics engineer. Shortly after joining the company,Telcordia sent her to the Georgia Institute of Technology, where she earned her master’s in electrical engineering.

With more education than most and a great job to boot, she could have become complacent. But she wanted more. That something more turned out to be the study of law.

“A co-worker casually mentioned that Bellcore was sending two employees with science and engineering backgrounds to

law school through a pilot Patent Trainee Program,” she recalls. “I found out about this at the 11th hour, when final selections were being made, and being accepted into the program appeared to be a long shot.” But in her first brush with lawyerly advocacy, Ms. Yeadon persuaded the law department to allow her to interview and was selected.

She considered several law schools in the New York-New Jersey area, but Seton Hall Law won hands down. “In addition to a great curriculum that included lots of intellectual property law courses, the school also had the right personal touch,” she says. “Dean Ed Hendrickson (Dean of Admissions at the time) was very accommodating to the night students.

Likewise, the faculty and administration were all very welcoming and made the students feel right at home.”

A NIGHT STUDENT Seton Hall Law proved to be the right choice in other respects since it ultimately led to her position at Honeywell. “I was a night student training by day in Telcordia’s law department to become a patent attorney,” she says. “One of my IP classes was taught by an adjunct professor who became chief IP counsel for intellectual property at Honeywell, and he had a feeling that one day we would work together.”

Looking back, Ms. Yeadon recalls her years at Seton Hall Law as one of the most exciting times in her life. For example, she explains that Professor Lawrence Bershad was a great influence who helped her to see the very concrete side of a law degree.

In 1991, the Rodney King incident was looming large in the press. Professor Bershad let her and several classmates develop a program where they invited individuals from the legal community to discuss the legal, societal, and ethical dilemmas posed by the incident. “It had nothing to do with intellectual property, yet this experience was very empowering,” says Ms.Yeadon.“Seton Hall Law uses realworld events and issues to teach substantive legal theory, which helped us realize that the practice of law is inextricably linked to the world we live in.”

She graduated in 1994 with her J.D., magna cum laude, and quickly rose to the

position of senior IP counsel at Telcordia.“I had tremendous responsibility and enjoyed working in telecommunications – I could have just entrenched myself there,” Ms.Yeadon says.“But my professor’s ‘feeling’ about us working together in the future was a seed waiting to sprout.”

JUGGLING PRIORITIES Ms. Yeadon started her career with Honeywell (formerly AlliedSignal) in 1999.

Two years later, she was named chief IP litigation counsel. In 2003, she relocated to Arizona to accept her current position.

One of the great life lessons law school provides, says Ms. Yeadon, is learning how to juggle competing priorities.That training has served her well at Honeywell where she supervises an international team of 20 licensing professionals and administrative staff, and strategic leads licensing across Honeywell’s business groups supported by approximately 100 engineers, technologists, business-development professionals, and IP counsels. She also is responsible for managing a global portfolio of over 23,000 issued patents. Plus, she still finds time for the other activities that are important to her such as serving on the Industrial Advisory Board for the Electrical and Computer Engineering Department at UVA. Regarding her experience at Seton Hall Law, Ms. Yeadon points to it not only as a pedagogical odyssey,but as a life-changing experience. “Seton Hall Law changed my view of the world.The world all of a sudden appeared a lot bigger and multi-faceted,” she says. “I became a better person and started to think differently about world problems and people in general. Unlike engineering, law school showed me that there are problems with multiple dimensions which resist formulas and right or wrong answers.”

Daniel Seaman, a ’06 graduate of Seton Hall Law, is clerking for the Honorable Donald G. Collester Jr. of the Superior Court of New Jersey, Appellate Division, and hopes to practice intellectual property law.

Fall Two Thousand and Six

• 41 •

DM.2: September 8, 2006

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