Seton Hall Law School Fall 2007 Magazine

Seton Hall Law

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29 Distinguished Guest Prac titioner S eries with Lester Aron, S enior Vice President and G eneral Counsel, UMDNJ Law School

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12 Admitted Students Day Law School

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Letter from THE DEAN

These are exciting times for Seton Hall Law Building upon the success of those who have come before us, we have much to be proud of and a solid foundation to continue enhancing the value of the Seton Hall Law degree.

Standing still has never been an option for Seton Hall Law, as evidenced by the increasing quality of our student body, the stature of our faculty, the success of our alumni, and our first-rate facility. As the competition among law schools has continued to heighten, however, the need for additional funding has become increasingly impor tant Tuition dollars alone no longer are enough to keep us growing To address that need, we have launched the Seton Hall Law Rising Capital Campaign The $25 million campaign will help us to fund new scholarships, meet the demand for new student facilities, suppor t an outstanding faculty, and expand our endowment The time is right for us to take this step for ward

Today, Seton Hall Law is highly respected within our home state of New Jersey and around the countr y for the strength of our faculty scholarship and the achievements of our alumni. Our alumni are found on federal and state benches, in top law firms, and at major corporations across the nation. Our Health Law Program consistently is ranked among the top 10 in the countr y ; we are rated among the top law schools in the nation for judicial clerkship placements; and our clinical and public interest programs are among the most highly respected in the New York-New Jersey metropolitan area

The past year has brought yet another slate of impressive achievements

O n A p r i l 2 7 , we h e l d

Health & Pharmaceutical Law and the naming of the Gibbons Institute of Law, Science & Technology, suppor ted with $9.1 million in endowment g i f t s f r o m B

s t o l - M ye

Johnson & Johnson, and Gibbons P.C.

“

KEEP RISING SETON HALL LAW

”

With the formation of The Center for Health & Pharmaceutical Law, Seton Hall Law will play a central role in advancing the public polic y issues surrounding the development of pharmaceutical and medical device products, as we expand our ability to train lawyers and other professionals in the areas of regulator y affairs, corporate compliance, corporate governance, and ethics As a result of a $1 million endowment from Gibbons P C , we also will be implementing an LL M degree in Intellectual Proper ty Law

In yet another major development, our Center for Social Justice has launched two new projects, The International Human Rights/Rule of Law Project and the Urban Revitalization Project, suppor ted with funding from the New Jersey State Bar Foundation, and a new clinic, the Immigrant Workers Rights Clinic. Through these new programs, we fur ther fulfill our commitment to social justice and the use of the law in the ser vice of others

But we cannot stop there Building upon our achievements, we need to ensure that S eton Hall Law is able to ascend higher, graduating lawyers who are passionate about the people and organizations they ser ve and advancing the debates critical to a just and fair society My hope is that you will join us in these effor ts Together, we can share the pride, shape our future, and keep Seton Hall Law Rising!

Patrick E Hobbs Dean and Professor of Law

Letter from the Alumni Council President

T

im D onohue

I am continually amazed by the number of Seton Hall Law alumni I encounter on a daily basis Over the years, our law school has produced an incredible number of judges for both the federal and state benches We have alumni ser ving in leadership positions in vir tually ever y major firm in New Jersey and have alumni in an additional 48 states We have produced more than our share of dedicated public ser vants. We also have thousands of prominent attorneys practicing in small to mid-sized firms throughout the countr y.

Seton Hall Law has achieved great things under the leadership of Dean Patrick E Hobbs and Dean Ronald J Riccio before him Many of our alumni have stayed involved in the law school and have seen it grow and prosper Unfor tunately, many of you have not had the time to stay involved As President of your Alumni Council, I would like to invite each one of you (and par ticularly those of you who have not been back to the law school since you graduated) to become involved in the success of our law school. How can you get involved?

You can attend one of our many alumni events. We hold an Alumni Dinner Dance each year. This year ’s dinner dance took place on April 28, and our honoree was Michel “Mitch” Baumeister ’72 Mitch is a renowned aviation lawyer who ser ves as Vice Chair of Seton Hall Law ’s Board of Visitors In May, Lynn Fontaine Newsome ’81 was sworn in as President of the New Jersey State Bar Association A l s o i n M ay, we r e co g n i ze d Fr

Gala Fred is Immediate Past President of our Alumni Council and an incredibly devoted alumnus In June, we held our annual Alumni Golf Outing at Suburban Golf Club in Union. Over 100 enthusiastic golfers par ticipated. Speak ing of the golf outing, I would like to offer my sincere apologies to the unfor tunate foursome on the 9th fair way – I really didn’t think I could slice a ball that far! Please for ward the medical bills to my office

At this year ’s annual Red Mass held in September at the Cathedral Basilica of the Sacred Hear t in Newark, we conferred the Saint Thomas More Medal to United States Attorney Christopher Christie ’87 Chris has garnered accolades from the entire legal community during his distinguished tenure and continues to bring honor to Seton Hall. In November, we will hold class reunions for the classes of 1967, 1977, 1987, 1992, and 1997. We also will be hosting a New York City cocktail reception on Januar y 3, 2008 at Madame Tussauds Wax Museum. For more information, please visit our website at http://law.shu.edu or call the Alumni O ffice at 973-642-8711

As you can see, there are many ways for you to par ticipate in the life of our school I also encourage each of you to consider suppor ting the law school financially by mak ing a contribution to the Annual Fund and a pledge to our Capital Campaign In recent years, the graduating class also has star ted the tradition of mak ing class gifts to the school. That is the k ind of dedicated alumni suppor t that has enabled our law school to continue its growth On October 13, we will be holding an evening with Linda Eder at the Hyatt on the Hudson in Jersey City to launch our Capital Campaign Your suppor t is crucial to keeping our law school on its path toward sustained excellence

All of the alumni events are great oppor tunities to renew old acquaintances and to meet new friends Please take the time from your busy schedule to get involved in the life of Seton Hall Law! You will not be disappointed

Tim Donohue ’80 President, Seton Hall School of Law Alumni Council

L AW S C H O O L B R I E F S

A COLLEGE-BOUND PATHWAY FOR URBAN YOUTH

In the words of Newark Mayor Cor y Booker, NJ LEEP – a new program housed at Seton Hall School of Law – is about helping urban youth to realize the dreams of democrac y

Launched this year in par tnership with Seton Hall Law, NJ LEEP – the New Jersey Law and Education Empowerment Project – is a comprehensive college-bound program to assist high school students in Newark and East Orange with gaining the sk ills they need to succeed academically

“NJ LEEP is about liberation and achieving democrac y,” said M ayo r B o o k e r at t h e p ro g ra m’s i n a u g u ra l ce l e b rat i o n held last Januar y at Seton Hall Law “I’m glad that LEEP is in New Jersey, and I’m glad that it ’s in Newark ”

NJ LEEP assists youth from underser ved neighborhoods by building their academic sk ills and providing them with role models

“If we want to increase diversity in the legal profession, t h e n we n e e d t o e m p owe r m o r e u r b a n s t u d e n t s with the sk ills they need to get there,” explained NJ LEEP Director Craig Livermore.

Newark Mayor Cor y Booker applauds the launching of NJ LEEP at Seton Hall Law for assisting city youth with developing the skills needed to pursue a college education.

One of the distinctive characteristics of the program is its commitment to students throughout the course of their high school years. More than just a sk ills training program, NJ LEEP suppor ts students in each of their four years of high school, providing them with SAT preparation, assistance in the college selection process, and preparation for the LSAT exam should they decide to attend law school.

In addition to that program, Seton Hall Law ’s Center for Social Justice and NJ LEEP are training Seton Hall Law students to teach community and constitutional law classes to eighth-grade students in Newark and East Orange

Both initiatives are suppor ted with funding from the New Jersey State Bar Foundation and the charitable arm of Prudential Financial

“By launching these programs at Seton Hall Law, we help to ser ve the community around us, reinforce our role as a par tner in urban revitalization, and fulfill our mission of exposing our students to the power and purpose of public interest work,” noted Associate Dean for Academic Advancement K athleen Boozang, who ser ves as Chair of the NJ LEEP Advisor y Board

To find out more about NJ LEEP and how to become involved, visit www njleep org

A 21ST CENTURY TEACH-IN:

A FIRST- OF- ITS-KIND

Merging the spirit of the past with today ’s technology, the Guantanamo teach-in held at Seton Hall School of Law last October allowed hundreds of thousands of students and faculty across the countr y to take a closer look and decide for themselves

B r i n g i n g t o g e t h e r a c a d e m i c s, j o u r n a l i s t s, m i l i t a r y officers, theologians, human rights activists, lawyers, and

Colonel Dwight Sullivan, Chief Defense Counsel for the Office of Militar y Commissions (l), and Lieutenant Commander Charles Swift, one of the law yers for Salim Ahmed Hamdan in Hamdan v. Rumsfeld, take par t in a discussion on “ The Militar y and the Commander in Chief ” at the Guantanamo teach-in held at Seton Hall Law last October.

committed to the rule of law?” and “ What should be the nation’s response?”

The event was organized as par t of Seton Hall Law ’s internationally recognized effor ts to provide a reasoned analysis of the issues surrounding Guantanamo. Over the past two years, Professor Mark Denbeaux and a group of more than 30 Seton Hall Law students have issued five repor ts on the status of the detainees being held at Guantanamo

The day-long teach-in – “Guantanamo: How Should We Respond?” – was webcast to more than 300 law schools and colleges across the country and also made available on the Seton Hall Law Web site. Organized by Professor Denbeaux and Alan Sussman, Professor at Bard College, the conference drew numerous distinguished panelists, including:

• Rear Admiral Donald Guter (Ret ), Dean of Duquesne Law School and Judge Advocate General of the U S Navy from 2000-02; Lieutenant Commander Charles Swift, who star ted the Hamdan v Rumsfeld litigation as militar y defense counsel; and Captain James Yee, former chaplain at Guantanamo and author of FOR GOD AND COUNTRY: FAITH AND PATRIOTISM UNDER FIRE

• William H Taft IV, former Chief Legal Adviser, U S State Depar tment

• Joseph Margulies, author of GUANTANAMO AND THE ABUSE OF PRESIDENTIAL POWER

• Jane Mayer of The New Yorker, Carol Rosenberg of the Miami Herald, Adam Zagorin from Time, and Walter Pincus, who has repor ted on the histor y of coercive interrogations for the Washington Post.

To access the Guantanamo Repor ts and teach-in materials, go to http://law shu edu/news/guantanamo repor ts htm

SETON HALL LAW UNDERTAKES A SELF-STUDY

The American Bar Association (ABA), in collaboration with the Association of American Law Schools (AALS), conducts site visits every seven years at every law school in the country to verify compliance with ABA/AALS standards and eligibility for reaccreditation epare for this process, k E Hobbs appointed a Self-Study Committee, which has worked tirelessly during the 2006-07 academic year. This dedicated group

consists of individuals from the law school’s faculty, students, alumni, and Board of Visitors, as well as New Jersey ’s legal and business communities

“Since 2001, Seton Hall School of Law has made notable progress,” said Professor Sarah Waldeck, who co-chairs the Self-Study Committee with Professor Denis McLaughlin “ The Law School has continued to attract a remark able student population and talented faculty.”

The Self-Study Committee will produce its final repor t next year

The entire Law School community offers special thanks for the hard work of the members of the Self-Study Committee: The Honorable M i c h a e l C h a g a re s, C h r i s to p h e r C

S

Melanie DiPietro, Timothy Donohue, Carol For te, Christine Chambers G i l f i l l a n , Pa u l G l u c k ow, Pro fe s s o r J

Lao, Peter Larson, Professor R. Erik Lilliquist, Keri Logosso, James M cClammy, Professor D enis M cLaughlin, Pamela M iller, Professor Lo r i Ne s s e l, D e n is e Pi n n ey, Th e H on ora b le R ob e r to R i

-S

to, Veena Seelochan, Professor Charles Sullivan, Jeffrey Togman, and Professor Sarah Waldeck

A FA C

G OV. J O N CO R Z I N E

R E C RU I TS P RO F E S S O R

J O H N J ACO B I

A nationally respec ted health and civil rights

l a w e x p e r t a n d s c h o l a r, Pr o f e s s o r J o h n V. Jacobi currently is ser ving as S enior Associate Counsel to G ov Jon Cor zine

As S enior Associate Counsel, Professor Jacobi is responsible for advising the governor on h e a l t h l aw a n d re g u l ato r y i s s u e s a f fe c t i n g New Jersey and its residents, along with other polic y matters

“ I ’m e x c i t e d a n d h o n o r e d t o h a v e b e e n ask ed to work with an administration that is

SEN. OBAMA DRAFTS

PROFESSOR MARK ALEXANDER TO DIRECT ISSUES TEAM

Professor M ar k A Alexander once again is front and center in the political arena; this time a s Pol ic y D ire c tor fo r S e n B a ra ck O b a m a’s presidential campaign.

Professor Alexander has extensive experience s e r v i n g a s a p

i c y a dv i s o r fo r p o l i t i c a l candidates In 2005, he took a leave of absence from Seton Hall School of Law to ser ve as General Counsel for Cor y Booker in the 2006 Newark mayoral campaign. He ser ved as Issues Direc tor for Bill Bradley ’s 2000 presidential campaign, and in 1998 was Issues Director for Sen Edward Kennedy ’s reelection Prior to that, h

Howard Mor ton Metzenbaum

Professor Alexander first met Sen. Obama about 10 years ago when his sister Elizabeth, who was te a

Un

introduced them “She knew we had a lot in common,” he recalls

As Policy Director for Sen. Obama, Professor Alexander is responsible for analyzing issues and assisting the senator in developing his position on key national and international concerns.

“I’m honored that Sen Obama has asked me to be par t of his team at this critical time for Am

someone who is a great leader for our countr y.”

Professor Alexander, who has taken a leave to work with Sen Obama, earned his J D from Yale University. He joined the Seton Hall Law faculty in 1996.

U LT Y I N D E M A N D

committed to pursing progressive ideas and solutions in the areas of health and health care, ” said Professor Jacobi, who has tak en a two-year leave to work with the governor.

Since 1995, Professor Jacobi has ser ved as Associate Direc tor of the S eton Hall School of Law Health Law & Polic y Program, and since 2001 as Associate Direc tor of the S eton Hall Institute of Law & M ental Health

Professor Jacobi, who received his J D from Har vard Law School, joined the S eton Hall Law facult y in 1993

ADJUNCT FACULT Y ON THE BENCH

The adjunc t faculty at Seton Hall School of Law clearly is among the best – one sign of which is the increasing number who are being assigned to serve in the judiciary Late last year, Adjunct Professor James R Zazzali was appointed to serve as Chief Justice of the New Jersey Supreme Court.

Other adjunct faculty members recently named to the bench include:

• Chief Judge Garrett Brown of the United States District Court for the District of New Jersey. Judges Chagares and Brown continue to teach at the Law School

“ We are fortunate to have such distinguished members of the judiciar y associated with our Law School,” noted Dean Patrick E Hobbs “I don’t k now of another institution that provides its students with a similar opportunity. All of us take great pride in the accomplishments of these individuals, as well as the abilities of the many S eton Hall Law alumni ser ving in the judiciar y.”

• U S Supreme Court Justice Samuel A Alito

• Judge Michael A Chagares of the United States Court of Appeals, Third Circuit, a 1987 graduate of Seton Hall Law, and

In addition to Judge Chagares, Seton Hall Law alumni Noel Hillman ’85, and Peter Sheridan ’77 were appointed last year to sit on the New Jersey federal bench

Justice Zazzali, who stepped down as Chief Justice in June after reaching the mandatory retirement age of 70, was credited with many successes during his term on the Supreme Court, including the appointment of the first new black assignment judge in more than a decade, Francis L Travis in Middlesex

THE SETON CENTER FOR RELIGIOUS NONPROFITS

Not unlik e business cor porations, today ’s n o n

o

governance, to maintaining their tax exempt status, to financial sur vival. For religiously affiliated nonprofits, the issues can be even m o re co m p l ex To a s s i s t c h u

re l ate d nonprofits with the legal, accreditation, and management issues they face, Seton Hall School of Law has launched the Seton Center for Religiously Affiliated Nonprofit Corporations.

Par ticipants at the inaugural conference of the Seton Center for Religiously Affiliated Nonprofit Corporations. The conference on “Catholic Charities and the Diocese: Autonomy and Relatedness” drew representatives from 23 states

The Center ’s inaugural conference – “Catholic Charities and the Diocese: Autonomy and Relatedness,” held last November – drew representatives from Catholic Charities and dioceses from 23 states.

Sister Melanie DiPietro, Center Founder and V isiting Distinguished Prac titioner at Seton Hall Law, noted that while Catholic colleges, universities, healthcare, and social service corporations represent the largest

JACKSON LE WIS LLP ESTABLISHES SCHOLARSHIP

number of corporations affiliated with one church in the nonprofit sector, up until now a center has not existed to provide independent legal research on the issues that impact these organizations

Ser ving as panelists at the inaugural conference were several members of the Seton Hall Law faculty : Professors Angela Carmella, Timothy Glynn, Stephen Lubben, and Charles Sullivan.

More information on the Center can be found at http://law shu edu/crnpc

Students interested in pursuing a career in employment law now have an additional source of suppor t at S eton Hall School of Law. This year, Jackson Lewis LLP established a

place and labor law

The scholarship, par t of a national scholarship program

interested in the prac tice of employment law. One of the nation’s leading labor and employment law fir ms, Jackson Lewis has established scholarship programs at schools in or near cities where it has an office, including its M or r istown office

“

DEVELOPING A SYSTEM FOR THE

Ethical Review OF MEDICAL RESEARCH IN African Countries

By Carl H. Coleman, Professor of Law and Direc tor of the Health Law & Polic y Program

A n e ff e c t i v e

e t h i c s re v i e w

p ro c e s s

s h o u l d … e n s u re

t h a t s p o n s o r s

c o m m i t t o

p ro v i d i n g t a n g i b l e

b e n e f i t s

t o s t u d y

p a r t i c i p a n t s

a n d t h e

c o m m u n i t y

i n w h i c h

t h e re s e a rc h

i s c o n d u c t e d . ”

This article is based on a piece Professor Coleman wrote with Marie-Charlotte Bouësseau for the Bioethics Forum at http://www.bioethicsforum.org.

Medical research is increasingly being conducted in developing countries, but in many of these countries, insufficient mechanisms exist to protect the interests of prospective research participants and their communities. As the National Bioethics Advisor y Commission obser ved in 2001, there are “legitimate reasons to question the capacity of host countries to support and conduct prior ethics review” of collaborative research, including limited resources, lack of experience and expertise, and potential conflicts of interest Strengthening the ethics review capacity of low- and middle-income countries is therefore an important goal of inter national bioethics and human rights.

Ethics Review of Research

The importance of subjecting research with human participants to a for mal process of ethical evaluation is a cor nerstone of inter national guidelines on research with human participants

However, because current international guidelines on research involving human participants are not legally binding, their enforcement depends on the requirements of national laws and policies In the United States and many other wealthy countries, ethics review is mandatory for most (although not all) research involving human participants In many developing countries, by contrast, there are no laws requiring ethics review of research, or laws that exist are either insufficient or under-enforced In collaborative research, some type of ethics review may be required by the laws of a foreign research sponsor’s country, but the coverage of these laws is not complete For example, while the United States Food and Drug Administration (FDA) has extensive regulations

governing ethics review for clinical trials conducted pursuant to an Investigational New Drug Application (IND), those regulations do not apply to foreign trials not conducted pursuant to an IND Instead, the FDA will accept data from non-IND foreign trials as long as the trial “conforms to the ethical principles contained in the Declaration of Helsinki,” which contains only vague provisions regarding ethics review of research

In recent years, however, many developing countries have begun to pay greater attention to developing or strengthening ethics review structures One reason for this trend is that research sponsors are conducting more of their studies in low-income countries, both because it is less expensive and because it has become increasingly difficult to find a sufficient number of qualified participants in the sponsors’ home countries In addition, several highly publicized controversies have led to greater attention to the ethical dilemmas of inter national collaborative research. For example, a lawsuit is currently

pending against Pfizer in connection with a Nigerian study of Trovan, an anti-meningitis drug The plaintiffs have alleged that children in the control group were not given adequate medications, that parents were not told that effective treatment for meningitis was readily available outside of the study, and that documents claiming that the study had been approved by a Nigerian ethics review process were forged.

To facilitate African countries’ efforts to develop and strengthen ethics review committees (ERCs), the European Commission’s Science and Society program recently funded an initiative by 15 African countries called Networking for Ethics on Biomedical Research in Africa (NEBRA) The goal of the NEBRA project was to survey the participating countries’ existing systems for ethics review of research involving human participants and to develop a strategy for building these countries’ ethics review capacities. I participated in this project with colleagues from the Ethics, Trade, Human Rights and Health Law department of the World Health Organization (WHO), which was a member of the NEBRA steering committee.

The Relevance of the American Model for African Countries

In reviewing these countries’ experiences, it became clear that American-style ERCs – known as institutional review boards (IRBs) – are not necessarily the best model for African countries to use in constructing their own ERC systems First, the structure of the American IRB system is a poor fit for African countries The IRB system is premised on the importance of “local” review of research (i.e., review in the institution in which the research will take place), as well as a separation between IRBs and the agencies that regulate them In many African countries, however, institutional-level committees that exist independently of regulatory authorities may lack sufficient legitimacy to be effective. In addition, they may find it difficult to reject research protocols, or to insist on substantial changes

that might lead sponsors to reconsider working with the institution, if foreign research is a critical means of financial support for their institution. By contrast, a

centralized committee housed within a government agency may be better positioned to take strong stances and ensure that those decisions are respected In addition, creating a single centralized committee is likely to be simpler, and less costly, than establishing separate committees at every research institution in the country

Second, the most critical ethical issues related to medical research in Africa are not the type of protocolspecific issues that IRBs are designed to address When an IRB in the United States receives a protocol, its job is to determine whether the proposed study complies with general ethical principles and regulator y requirements, not to consider whether a different study, perhaps addressing an entirely different problem, might be a better use of limited human resources or offer a

better justification for exposing participants to risk Questions about the prioritization of different types of medical research are generally left to other entities, such as funders or medical journal editors. In many developing countries, however, no one is considering big-picture questions about the relative importance of different types of medical research Countries’ research “agendas” are often dictated solely by the marketdriven priorities of foreign research sponsors, rather than any proactive decisions by the countries themselves In this context, thinking about the prioritization of limited research resources, along with ensuring that research addresses the most pressing health needs of the country’s population, is one of the most important ethical issues to be considered

Similarly, in the United States, IRBs are generally not responsible for reviewing the terms of research funding arrangements. They may become interested in funding arrangements when there are concerns about conflicts of interest, or when funders seek to restrict researchers’ freedom to publish the results of a study, but their role is not to ask whether the overall arrangement is a “good deal” for the institution or the larger community in which the research will be conducted In African countries, however, an effective ethics review process should ensure that sponsors commit to providing tangible benefits to study participants and the community in which the research is conducted. It should also include mechanisms to ensure that those commitments are actually met

Finally, while any comprehensive ethics review process must address certain internationally accepted ethical principles, such as the importance of voluntariness, the way those principles are applied in the American regulatory system will not always work in African countries. For example, American regulations emphasize the importance of obtaining the individual informed consent of prospective research participants, usually in writing In African countries, however, it may

be inappropriate to design a consent process that focuses on individuals in isolation from their families and communities, and the emphasis on written consent forms may need to be reconsidered. Similarly, concepts like privacy and confidentiality may have different meanings in the African cultural context

Evaluating Effectiveness

Whatever methods African countries develop for ethical review of research, it will be critical to incorporate mechanisms to evaluate these methods’ effectiveness For example, it is worth investigating whether ERC review actually improves research participants’ understanding of the risks and benefits of studies Similarly, we should know whether ERC review actually leads to changes in protocol designs that improve the risk-benefit ratio of research, or whether it results in greater commitments by research sponsors to provide treatment to research participants after studies are over Without ongoing oversight of ERCs, countries may end up wasting scarce financial and human resources on systems that do not result in any real protections for research participants or their communities. In addition, without a system for evaluating ERCs’ effectiveness, opportunities for remedying correctable problems with ERCs are likely to be missed

African countries face a staggering array of healthcare problems The percentage of people living in poverty is higher in Africa than in any other region of the world

A child born in Africa today faces a 50 percent chance of being malnourished, and a life expectancy of only 47 years. Infectious diseases, particularly HIV/AIDS, tuberculosis, and malaria, kill millions of Africans each year Research with human participants is an essential part of the process of developing drugs and treatments to address these and other problems. The challenge is to ensure that the pursuit of scientific progress is done in a manner that is ethically acceptable and consistent with African countries’ overall needs

DISCOURAGING RACIAL PREFERENCES

I N A D O P T I O N S

By Solangel Maldonado, Professor of Law

Professor Maldonado teaches Family L aw, E states and Trusts, Tor ts, R ace, Ethnicit y, and the L aw, and International and Comparative Family L aw. Her scholarship focuses on the law ’s regulation of children’s relationships with adults who play a parental role and also examines the role of race in family law.

This is an abridged version of an ar ticle published in UC Davis Law Review 39 (2006) 1415-1480.

For years, states’ race matching policies prevented whites from adopting African-American children. Now that federal law prohibits race matching in all but extraordinar y cases, one would expect to find many more white families adopting African-American children. Yet, relatively few do, choosing instead to adopt internationally despite higher financial costs, extensive delays, and dual bureaucracies

Some Americans claim to adopt internationally because it is faster, easier, less costly, and less r isk y than adopting domestically I argue that there is another reason: race

Although two-thirds of the more than 20,000 children Amer icans adopt internationally each year are not white, they are not black either M ost come from Asia and Latin America. In contrast, many of the infants available for adoption in the United States are Afr icanAmerican – children who, for various historical and social reasons, the majority of white Americans have expressed little interest in adopting

In other words, although whites may be willing to adopt non-white children, many prefer that they not be black

I n r e c e n

preferences are frequently unconscious and deeply rooted Thus, most Americans are probably not aware that their preferences for non-black children might be par tly based on r a c e.

groups even when they honestly believe that they do not. Thousands of individuals have taken the Implicit Association Test, which measures the strength of implicit biases against different groups, and discovered that they have automatic and unconscious preferences for whites over blacks (readers can test their own implicit biases at Project Implicit, go to h

African-Americans influence employment decisions, criminal c o nv i c t i o n s, a n d e

hostile. I argue that unconscious biases might be similarly influencing Americans’ preferences for non-black children.

I. RACE AND ADOPTION

A. RACIAL HIERARCHY

against cer tain groups However, biases against some racial m i n o r

against others. For example, AsianA m e r i c

Latinos are of ten stereot yped as predisposed to criminal behavior, b u t t h e y a r e a l

values In contrast, there are few positive stereotypes about AfricanAmericans The belief that AfricanAmericans are exceptional athletes and enter tainers has not altered m a ny A m e r i c a n s’ p e r c e p t i o n o f black men as shiftless, dangerous, and irresponsible fathers. Fur ther, while women of Asian and Latin-Amer ican descent are por trayed as devoted wives and mothers, African-American women are often depicted as promiscuous welfare mothers lack ing strong family values.

The adoption market reflec ts this racial hierarchy Some white Americans have stated that they are willing to adopt “anything but black ” and many private agencies subsidize adoptions of African-American infants because there is a s h o r t a g e o f f a m i l i e s s e e k i n g t o a d o p t t h e s e c h i l d r e n Agencies charge a standard fee for adoptions of “Caucasian, Hispanic, Asian-American, or Native-American infants, or any

combination thereof,” a lower fee for “biracial infants,” defined as “any race combined with African-American,” and an even lower fee – sometimes 50 percent lower – for African-American infants

B. DEBUNKING THE MYTHS

Some Americans claim to adopt internationally because there are few healthy infants available in the United States. Although demand for white infants exceeds supply, the opposite is true with regard to African-American infants

Further, the majority of U S born infants placed through private agencies are healthy In contrast, although there is great variation depending on the country of origin, the majority of foreign born adoptees have at least one significant medical condition, ranging from chronic anemia and developmental delays to fetal alcohol spectrum disorders and cerebral palsy.

Some Americans claim to adopt internationally because such adoptions cost less and the risk of disruption is lower. These beliefs are wrong. As noted, adoptions of African-American children are often subsidized, and thus, they generally cost a lot less than international adoptions. Fur ther, if we define “disruption” broadly, international and domestic adoptions have similar rates of disruption Despite media portrayals to the contrary, few birth parents in the United States revoke their consent after relinquishing the child, and those who do rarely get their children back In addition, international adoptions are often disrupted in ways that domestic adoptions are not For example, foreign orphanages frequently offer the same

child to several agencies or families; thus, a child that was promised to one family may go to another Second, most countries give preference to domestic adoptions; thus, when citizens of a child’s country express interest in a particular child, Americans often lose the child they were promised. Third, countries frequently shut down or significantly restrict their international programs. For example, in recent years, China, Korea, Romania, and India have significantly reduced the number of children they place internationally or have made available only those children they consider least desirable – those with disabilities or of mixed race

In shor t, there are risks associated with both domestic and international adoptions Indeed, Americans adopting internationally face the additional risk of unwittingly par ticipating in child traffick ing schemes In recent years, there have been repor ts of child trafficking (and resulting adoption moratoriums) in Russia, Romania, Guatemala, Cambodia, V ietnam, and India. Americans adopting from these countries may unknowingly bring home a child who was stolen from his birth family or sold to an adoption scout. Despite these concerns, adoptive parents of ten minimize the risks associated with international adoptions while exaggerating those related to domestic adoptions Psychologists have shown that individuals unconsciously process information in ways that confirm their implicit beliefs Unconscious biases against AfricanAmericans may have made it easier to accept these myths about international and domestic adoptions.

II. BARRIERS TO TRANSRACIAL ADOPTION OF AFRICAN-AMERICAN CHILDREN

may have been deterred by the politics of transracial adoption In the 1970s, the National Association of Black Social Wo

children, describing these adoptions as “race and cultural genocide ” Although most African-Americans disagreed with

requiring that preferences be given to families of the same race as the child.

In 1996, Congress prohibited agencies r e c e i v i n g fe d e r a l f u n d s f r o m r a c e matching, and a 2006 study found that m o s t a g e n c i e s a r e i n c o m p l i a n c e. However, relatively few white families express interest in adopting AfricanA m e r i c a n c h i l d r e n Th e r e a r e m a ny r e a s o n s w hy Fi r s t, t h e N A B S W a n d many child welfare advocates (of all r a c e s ) s t i l l o p p o s e t h e s e a d o p t i o n s D e s p i te s t udi e s co n cl udi n g t h at t h e majority of African-American children adopted transracially develop a healthy s e l f - i d e n t i t y, s o m e Af r i c a n - A m e r i c a n transracial adoptees oppose transracial adoptions. They claim that whites are unable to adequately prepare AfricanAmerican children to cope with racism. Some white adoptive parents have similar concerns regarding their ability to raise an African-American child with a healthy self-image and teach

D e s p i t e m e d i a

p o rt r a y a l s t o

t h e c o n t r a r y,

f e w b i rt h p a re n t s i n

t h e U n i t e d S t a t e s

re v o k e t h e i r c o n s e n t

a f t e r re l i n q u i s h i n g

t h e c h i l d , a n d t h o s e

w h o d o r a re l y g e t

t h e i r c h i l d re n b a c k .

him or her how to deal with racial prejudice. They are also concerned that their neighbors and ex tended family members might not approve.

These issues are present to some extent in all transracial adoptions. Korean, Chinese, and Native-American transracial adoptees have discussed the challenges of growing up in p re d o m i n a nt l y white communities with parents who pretended that racism did not exist Interestingly, although some NativeAmericans, Latinos, and Asian-Americans oppose whites a d o p t i n g c h i l d re n o f these races, there is no shor tage of white families seeking these children despite higher fees to adopt them as compared to African-American children. ( The Indian Child Welfare Act of 1978 s i g n i f i c a nt l y re s t r i c t s a d o p t i o n s o f N at i ve - Am e r i c a n c h i l d re n by n o nNative-American families.)

III. DISCOURAGING PREFERENCES FOR NON-AFRICAN-AMERICAN CHILDREN

countr y is experiencing severe turmoil

to African-American children. Because b i r t h m o t

children have fewer adoptive families t

of non-African-American children Even if African- American children end up in stable, loving homes, there is a symbolic h

American children are less desirable and less valued

a d o p t i ve p a r

f r o m c h o o s i n g children based on race requires that adoptive parents bear the burden of showing non-race-based reasons for preferring children of cer tain races. I propose that Congress impose a oneye a r w a i t i n g p e r i o d o n A m e r i

seek ing to adopt internationally so long as (1) there are U.S. born children who meet their non-race based criteria (e g , age, health status, sex) available, or (2) the applicants rebut the presumption that their reasons for seek ing to adopt

example, an adoptive parent shares

( by

My proposal would not require parents to adopt a child they do not want Families interested in adopting a child of a particular race could simply wait one year to adopt internationally However, by signaling to prospective adoptive parents that racial preferences are not appropriate considerations in the adoption process, the law might decrease the likelihood that parents will allow such biases to influence them. Most Americans subscribe to an egalitarian norm and believe that racial discrimination, especially against a child, is immoral Those same persons, however, may be unaware of their implicit racial biases Having to reflect for 12 months on their reasons for preferring certain children, along with accurate information about international and domestic adoptions, might reveal hidden biases that they can then work to change. The need to reconcile their behavior with their explicit beliefs in racial equalit y might lead some prospective adoptive parents to consider adopting African-American children.

CONCLUSION

All children need permanent homes and should be valued equally, regardless of race By discouraging adoptive parents from basing decisions to adopt on racial preferences, the law can help ensure that all children have equal oppor tunities to be raised in loving, forever families

AD VANCING THE Public Polic y D ebate:

The Center for Health & Phar maceutical Law

By Denise Pinney and Kathleen Brunet Eagan

The phar maceutical industr y has brought about dramatic improvements in the treatment and prevention of disease and in the quality of life enjoyed by millions of people. Almost everyone alive today has benefited from the tremendous advances resulting from the development of drugs and devices through billions of dollars of investment. At the same time, in part because of its increased prominence, the pharmaceutical industry is facing an increasingly difficult legal environment.

As the speed of medical, scientific, and technological innovations in the world of health care increases at breakneck rates, deter mining appropriate and safe applications has become an increasingly complex proposition. Lawyers, regulators, government officials, and policy makers struggle to keep pace, but time and resources are limited and often no match for the intricacy of the issues they face

With $8.1 million in endowment gifts, Seton Hall School of Law is addressin g that challen ge by providing the resources, scholarship, and analyses n e e d e d t o

on research, production, distribution, and access to safe and effective drugs and medical devices

With the formation of The Center for Health & Pharmaceutical Law, supported with funding from Bristol-Myers Squibb Company, Johnson & Johnson, sanofi-aventis, and Schering-Plough Corporation, Seton Hall Law has become the only law school in the nation with an academic center specifically focused on the legal and policy issues surrounding the pharmaceutical and medical device industry.

In the last several years, as new and stricter laws a n d re g u l

p

compliance challenge The industr y has experienced unprecedented investigations resulting in fines and settlements in the hundreds of millions of dollars. The laws implicated by these settlements are myriad and affect ever y aspect of the phar maceutical and medical device industr y And the implementation of the Medicare Moder nization Act presents even more challenges

T h e i n d u s t r y i s a g g re s s i v e l y

gover nment’s demand that it change the way in which it conducts business, investing tremendous resources

i n a d m i n i s t r a t i v e i n f r a s t r u c t u re , p e r s o n n e l , a n d

t r a i n i n g O n e re s u l t h a s b e e n i n c re a s e d responsibilities for the industr y’s offices of general counsel, and a need for more legal staff devoted to compliance and regulator y affairs. In addition, t h e n e e d f o r w e l l - e d u c a t e d a n d t r a i n e d corporate compliance officers is greater than ever

R e s p o n d i n g t o t h o s e n e e d s a n d b u i l d i n g u p o n

S e t o n H a l l L a w ’s a l re a d y e s t a b l i s h e d s t re n g t h s in health law and policy, The Center for Health & P h a r m a c e u t i c a l L a w ’s p r i m a r y m i s s i o n i s t o a d d re s

, programming, and educational instruction – the legal, ethical, and professional challenges in drug and device development Central to accomplishing that mission is its position as an independent, neutral entity that can bring together representatives from i n d u s t r y, g o v e r n m e n t , a n d a c a d e m i a t o d i s c u s s public policy issues important to the industr y, the gover nment, and the public

Professor of Law; Carl H. Coleman, Director of the Health Law & Policy Program and Professor of Law; John V. Jacobi, Dorothea Dix Professor of Health Law & Policy, Assistant Director of the Health Law & P o l i c y P ro

the Institute of Law & Mental Health; Margaret G i l h o o l e y, P ro f

Assistant Director of the Gibbons Institute of Law, Science & Technology and Associate Professor of Law; and Kara McCarthy Perr y, Faculty Researcher Assistant Dean Denise Pinney oversees the Center’s overall operations

o u r c o u n t r y ’ s a p p ro a c h t o h e a l t h c a re ”

F R E D H A S S A N

Chairman and CEO, Schering-Plough Corporation

SHAPING THE FUTURE OF HEALTH CARE

Speaking at the April 27 press conference announcing the new venture, Fred Hassan, Chairman and CEO of Schering-Plough Corporation, noted, “The Center will hold the debates that will shape our country’s approach to health care ”

Schering-Plough has contributed $2.5 million toward a Chaired Professor in Health Care Regulation for the Center. Sanofi-aventis has provided $500,000 to initiate research, and Johnson & Johnson has provided $100,000 to support research, international compliance education, and other initiatives BristolMyers Squibb has provided $5 million for the Harvey Washington Wiley Chaired Professorship in Corporate Gover nance and Business Ethics. The chaired professorship is named for Dr Harvey Washington Wiley (1844-1930), the chief chemist for the Department of Agriculture and a proponent of the 1906 Food and Drugs Act and its subsequent enforcement

[continued on page 18]

ADDRESSING LEGAL CHALLENGES IN AN AGE OF TECHNOLOGY

Patrick C Dunican Jr ’91, Managing Director of Gibbons P C , at the April 27 press conference announcing the naming of the Gibbons Institute of Law, Science & Technology suppor ted with a $1million endowment from Gibbons P.C.

Along with for mation of The Center for Health & Phar maceutical Law, Seton Hall School of Law has gained new support to expand its programs focused on the rapidly developing area of intellectual property law

The naming of the Gibbons Institute of Law, Science & Technology at Seton Hall Law, supported with $1 million from Gibbons P.C., will allow Seton Hall Law to advance its J D and M S J degrees, introduce an LL.M. degree in intellectual property law, and expand its IP law programs outside the classroom to attorneys working in industry, on the bench, and in regulatory positions The Institute additionally provides a platform where lawyers, judges, scientists, and government officials can discuss the legal, political, and social problems arising from scientific and technological changes

Patrick Dunican Jr ’91, Managing Director of Gibbons P C , explained that his law firm chose to fund the naming of the Institute because it wanted to be associated with an institution that will “continue to grow and expand ”

The $1 million gift is the largest to be presented to a New Jersey law school by a New Jersey law firm. One of the country’s top 200 law firms, Gibbons P C is one of New Jersey’s largest law firms and among the leading firms nationwide specializing in intellectual property law

As part of a broader Health Law & Policy Program, the Center will work closely with faculty in the Gibbons Institute of Law, Science & Technology to address such issues as intellectual property and patent law issues.

F

brainchild of Dean Patrick E Hobbs In 2005, Dean Hobbs began talking w

School could best meet the needs of a

response was immediate and powerful,

center at Seton Hall Law.

“Seton Hall Law is uniquely positioned to play an important part in examining some of the most critical policy and legal issues arising from the production, sale, pricing, and payment of drugs and medical devices throughout the world,” said Dean Hobbs “With our resources and situated at the epicenter of our nation’s pharmaceutical industry, we are perfectly positioned to be the leading academic voice in this discussion.”

In 2003, Seton Hall Law launched an innovative corporate compliance certification program specifically designed for representatives of the pharmaceutical and medical device industry With the implementation of Medicare Part D, and the government’s increased prosecutorial attention on the business practices of the pharmaceutical industry, Seton Hall Law increasingly has focused its attention on the changing legal landscape of the world of pharmaceuticals and medical devices Its Health Law & Policy Program is consistently ranked among the top 10 in the nation

“Our extraordinary success in preparing and placing graduates has enabled us to become a significant resource for gover nment, companies, and firms seeking well-trained attorneys and health professionals in health and drug law,” noted Dean Hobbs “Along with shaping the public policy debate, this new Center will allow us to capitalize on our experience in preparing well-qualified individuals to provide for the development of safe and appropriate applications to meet the nation’s healthcare needs ”

A VEHICLE FOR SOCIAL CHANGE -

THE CENTER FOR SOCIAL JUSTICE

By Kathleen Brunet Eagan

There is a renewed interest in making a difference that has taken root among today ’s college students. Similar to the Baby Boomer activists of the 1960s and ’70s, today ’s students are socially conscious, value personal expression, and want to make a contribution. Large numbers are entering fields that focus on helping society and protecting the environment And many are discovering that law is a valuable tool for bringing about change.

Established in 1970, the Seton Hall School of Law Center for Social Justice (CSJ ) has a long history of preparing students for careers in public interest law Moving from the classroom into the trenches, students work ing with CSJ ’s clinics and pro bono and

ex ternship programs gain critical hands-on experience in civil litigation, family law, immigration and human rights, impact litigation, and juvenile justice, along with other areas

In addition to the experience they obtain, they gain the reward of being able to make an impact on a wide range of issues Consider these examples from the past year For Kathy Kim, Kristene Russo, and Paul Werner, it was obtaining a $700,000 settlement for a young girl whose mother was murdered after police ignored her mother ’s pleas for help For David Gardner and Pinar Ozgu, it was their work on a lawsuit challenging the withholding of transcripts that could exonerate a former Guantanamo Bay detainee.

And for Holly Blanchard and William Tellado, it was helping to draft a lawsuit calling on the Newark public schools to comply with the No Child Left Behind Act

With the help of $150,000 in funding from the New Jersey State Bar Foundation, CSJ now has launched two special projec ts to provide students with an even wider expanse of oppor tunities: The International Human Rights/Rule of Law Project and the Urban Revitalization Project.

CSJ ’s goal is to evolve from a traditional legal ser vice model to a multi-tiered public service center –a center that both can broaden its abilit y to tack le social issues and provide students with a more comprehensive experience.

“ We want to be able to provide students with more expansive opportunities so they can build their resumes and gain key positions in the competitive world of public interest,” explains CSJ Director Professor Lori Nessel. “And we want to open up those opportunities to even larger numbers of students from the first to final year.”

EXPANDING THE OPPORTUNITIES

Nearly 200 students participate each year in CSJ’s pro bono and clinical programs Traditionally, CSJ has provided first- and second-year students with the opportunity to work on pro bono cases, and third-year students with the ability to work on clinic cases for a semester As part of the formation of the two new programs, CSJ has increased its pro bono opportunities, developed new internship opportunities, and expanded its caseload so more students can take advantage of its practical learning opportunities.

Also newly developed is the Center for Social Justice Scholar Program, which awards scholarships to two students per year. Under that program, the scholars are provided with hands-on learning opportunities throughout their three years of study, along with $10,000 each year in scholarship support

The new projects build upon CSJ’s existing strengths and its core commitment to social justice and the alleviation of poverty As umbrella programs, both also provide a format for incorporating other law school initiatives, such as the Haiti Rule of Law Project and study abroad programs in Cairo and Zanzibar, into the public interest experience In addition, CSJ will be establishing collaborative par tnerships with national and international organizations and developing placement opportunities for Seton Hall Law students across the nation and around the world.

THE INTERNATIONAL HUMAN RIGHTS/ RULE OF LAW PROJECT

The International Human Rights/Rule of Law Project expands upon CSJ’s international human rights litigation and scholarship, while also focusing on polic y and advocac y. The goals of the projec t are to advance international human rights and the rule of law through domestic litigation, human rights complaint work, and collaborative effor ts with national and international human rights organizations. The project builds upon the work of Professor Nessel and Professor Baher Azmy in bringing attention to the issues surrounding the

detainees at Guantanamo, the rule of law in Haiti, and the representation and protection of victims of human trafficking, torture, and other human rights abuses

With the addition of a new practitioner in residence, Bassina Farenblum, and a new Immigrant Workers Rights Clinic headed by Professor Bryan Lonegan, the project also is working with community organizations to address human rights issues affecting immigrants in New Jersey

THE URBAN REVITALIZATION PROJECT

The Urban Revitalization Projec t, meanwhile, is committed to developing and implementing advocacy strategies and litigation to combat the inadequacies of urban housing and education The project expands upon the work of Professors Linda Fisher and Shavar Jeffries in the areas of predator y lending, fair housing, and educational reform. Assisting with those effor ts is M ichael Barbosa, another new fellow at CSJ. Located in Newark, CSJ is well positioned to assist with addressing the effec ts of the educational inequities that exist in the state’s urban areas, the high cost of real estate in New Jersey, and the links that need to be established between the two to bring about change By addressing those problems locally, CSJ also can provide a model other urban areas can follow, notes Professor Fisher.

RELENTLESS LAWYERING

Adding to the significance of the public interest experience for Seton Hall Law students is what Professor Nessel likes to call “relentless law yering.” Par t of what makes CSJ unique are the clinics’ focus on both impact litigation and direct services, the clinics’ ability to pursue social justice issues beyond a single case, and the engaged scholarship undertaken by CSJ faculty.

In recent years, CSJ faculty members have produced a number of important scholarly works, including:

• “Unshack ling the Thir teen Amendment: Modern D ay S l ave r y a n d a R e c o n s t

Agenda” (Fordham Law Review, 2002) by Professor A zmy, based on his work on international human traffick ing issues.

• “Alcohol, Tobacco, and Firearms: Autonomy, the Common Good, and the Courts (Yale Law & Policy Review, 2000) by Professor Fisher, arguing for a theory and practice of social changes that incorporate law reform litigation

• “ The Structural Inadequacy of Public Schools for Stigmatized Minorities: The Need for Institutional Remedies” (Hastings Constitutional Law Quar terly, Fall 2006) by Professor Jeffries, based on the findings of his work addressing educational inequities in urban areas.

• “‘Willful Blindness’ to Gender-Based Violence Abroad: United States Implementation of Article 3 of the United Nations Convention Against Tor ture” (Minnesota Law Review, 2004) by Professor Nessel, arguing for a broader interpretation of the Torture Convention to encompass gender-based torture

The basic strategy behind the two new projects, like most of the work at CSJ, “is to draw the connections between

A PUBLIC INTEREST PASSION

A respec ted international human rights scholar and litigator, Professor Lori Nessel, Director of Seton Hall School of Law ’s Center for Social Justice, did not plan on being a lawyer In fact, she purposely avoided the field of law for many years

“For me it was not a public interest law passion, but a passion for public interest work,” she explains.

R aised in Manhattan, Professor Nessel credits her mother, a social worker, with instilling that passion. “She had my brothers and me working in soup kitchens handing out food on Thanksgiving And I was eight when I was handing out buttons for McGovern, ” recalls Professor Nessel.

During her college years in the mid 1980s, civil wars were raging throughout Central America. She

theory and practice and to use each to inform the other,” says Professor Fisher, who stepped down as CSJ director last year to focus on building the Urban Revitalization Project.

By participating in CSJ’s practical learning opportunities, students learn how to merge the theory of law with the skills they will need as attorneys, such as how to inter view clients, draft legal documents, and handle themselves in court

A natural evolution in Seton Hall Law ’s ongoing commitment to public service, the new projects also are a key component, says Professor Nessel, for allowing more students “to fulfill their dream of bringing about positive social change ”

earned her degree in Latin American Studies from the Universit y of California at Santa Cruz, and got involved with the Sanc tuar y Movement helping refugees seeking a safe haven in the United States. She also spent a year in Nicaragua studying the impac t of war on children who were fleeing El Salvador

“At a certain point, I felt a need for an advanced degree, but I was not interested in law. I was working with refugees and the poor and was afraid it would be too heartbreaking to lose all those cases on their behalf,” says Professor Nessel.

Then she heard about the Cit y University School of Law at Queens College, which at the time was still relatively new. “I ts motto, ” Professor Nessel says, “is ‘Law in the ser vice of human needs ’” She applied, but still believing she would not become a law yer Her plan was to use her law degree to become an executive director at a social service organization.

But things changed. “I developed a love for the law as I began to discover you could use the law to create social change,” she says.

Following law school, she was awarded a Sk adden Arps Public

Interest Law Fellowship to represent migrant farm workers in upstate New York Nex t, she worked on employment discrimination and police brutality cases at a New York civil rights firm. In 1995, she joined Seton Hall Law where she developed the Immigration and Human Rights Clinic In 2006, she assumed the position of CSJ Director

While she has worked on a number of landmark cases, one she views as par ticularly significant involved a Congolese woman in the United States who had been detained and was facing imminent depor tation. The case ended up being one of the first to recognize domestic violence as torture, and after appeal to the Third Circuit, the Clinic was able to secure political asylum for the woman.

While the deportation case, as many others that CSJ has undertaken, was precedent setting, there is a deeper satisfaction, says Professor Nessel, that comes from working in public interest.

“Even if a case is not precedent setting, the impact for clients often is a matter of life and death,” she says “Being able to get them protection and a whole new chance at life, that is the most satisfying aspect.”

DAVID FEIGE

B.A., University of Chicago

J.D., University of Wisconsin Law School

author of the highly acclaimed book INDEFENSIBLE: ONE LAWYER’S

AMERICAN JUSTICE, has joined the faculty of Seton Hall School of

Programs, Professor Feige is helping Seton Hall Law students to gain practice-oriented experience in three key areas: advocac y, alternative dispute resolution, and transactional law.

A nationally k nown lec turer on trial sk ills and eyewitness identification issues, Professor Feige previously ser ved as trial chief of The Bronx Defenders, where he super vised other public defenders and carried a caseload of homicides and serious fe l o n i e s I n 2 0 0 4 , h e wa s awa rd e d a S o ro s M e d i a J u s t i ce Fellowship As a par t of that fellowship, he wrote INDEFENSIBLE (Little, Brown & Co, 2006), an autobiographical account of his experiences as a public defender.

DAVID OPDERBECK

B.A., Gorden College

J.D., Seton Hall University LL.M., New York University

Professor David Opderbeck joins t h e S e to n H a l l S c h o o l o f L aw faculty from Baruch College, City University of New York, where he was an Assistant Professor in the Law Depar tment of the Zicklin

S c h o o l o f B u s i n e s s. Pr i o r to j o i n i n g t h e B a r u c h Co l l e g e faculty, Professor Opderbeck was a Faculty Fellow at Seton Hall Law, where he also ser ved as Assistant Director of the Law S c h o o l ' s I n s t i t u te o f L aw, S c i e n ce & Te c h n o l o g y B e fo re embarking on his academic career, he was a par tner in the Intellectual Proper ty / Information Technology Law practice group at McCar ter & English, LLP, where he practiced for 13 years, re p re s e nt i n g c l i e nt s i n a va r i e t y o f i n d u s t r i e s, i n c l u d i n g pharmaceuticals, information technology, manufacturing, and financial ser vices

Professor Opderbeck's scholarship focuses on the law, norms, economics, and ethics of information, including intellec tual property and other aspects of information regulation His work has been published in the Vanderbilt Law Review, Harvard Journal of Law & Technology, Berkeley Technology Law Journal, and other top journals.

HOWARD M. ERICHSON

NSIDE CIVIL PROCEDURE: WHAT MAT TERS AND WHY

ublisher : Aspen (for thcoming)

pioneering tex tbook INSIDE CIVIL PROCEDURE: W H AT M AT T E R S A N D W H Y g u

d e n

s hrough civil procedure with a unique blend of graphics, case studies, and other pedagogical features The book explains not only the legal doctrine, but also strategic considerations, polic y concerns, and interconnections to h

impor tance of procedural rules

MASS TORT LITIGATION MANUAL

Publisher : Lexis-Nexis Matthew Bender

Professor Erichson served as co-reporter for the MASS TORT LITIGATION MANUAL, a project undertaken by the Complex Litigation Committee of the American College of Trial Lawyers. Culled from interviews with and contributions from dozens of experienced mass tort lawyers and judges, the 265-page book offers guidance on practice and procedure in mass product liability cases Topics include aggregation, pretrial proceedings, discovery, settlement, trial, and bankruptcy

DENIS F. MCLAUGHLIN

CIVIL PROCEDURE: CASES, TEXT, NOTES, AND PROBLEMS

Publisher : Carolina Academic Press

With: Larr y Teply and Ralph Whitten, Creighton University

An innovative new textbook, CIVIL PROCEDURE: CASES, TEXT, NOTES, AND PROBLEMS integrates both the basic and more complex issues of federal and state civil procedure in a user-friendly format.

MICHAEL J. ZIMMER

THE GLOBAL WORKPLACE: INTERNATIONAL AND COMPARATIVE EMPLOYMENT LAW –CASES AND MATERIALS

Publisher: Cambridge University Press

With: Roger Blanpain, Universit y of Tiburg, The Netherlands, and Katholieke Universiteit Leuven, Belgium; Susan Bisom-Rapp, Thomas Jefferson School of Law ; William R. Corbett, Louisiana State University Law Center; and Hilar y K Josephs, Syracuse University College of Law

The first comprehensive law school casebook on international and comparative employment law, THE GLOBAL WORKPLACE covers the national wor k place laws of nine countr ies and examines labor a n d e m p l oy m e nt

Organization and, under NAFTA, the European

and Corporate Codes of Conduct

BERNARD FREAMON RECEIVES GILDER LEHRMAN FELLOWSHIP FOR MODERN DAY SLAVERY RESEARCH

Professor Ber nard Freamon has received a Slavery, Abolition, and Resistance Postdoctoral Fellowship from the Gilder Lehrman Center at Yale University for the fall semester. The Gilder Lehrman Center for the Study of Slavery, Resistance, and Abolition is dedicated to the investigation and dissemination of knowledge concerning all aspects of chattel slavery and its destruction

LORI NESSEL RECEIVES FULBRIGHT FOR IMMIGRATION POLICY STUDY IN SPAIN

Professor Lori Nessel has been selected as a Fulbright Scholar for the 2007-08 academic year. She is serving as a visiting researcher at the Migration Institute at the Universidad Pontificia Comillas in Madrid, Spain Her research includes a comparative study of immigration policy, with particular emphasis on Spain's policies towards African (sub-Saharan) arrivals by sea compared to United States’ immigration policies for Haitian boat people. While there, she also is building relationships with nongovernmental organizations and clinical programs that represent asylum seekers and victims of human trafficking to expand transnational collaborations for the Immigration and Human Rights Clinic at Seton Hall School of Law upon her return.

Professor Nessel’s research is specifically timely given the current debates over comprehensive immigration reform in the United States and Spain’s recent experience with a national amnesty program. Her project also is well-timed to coincide with the Law School’s ongoing expansion in the area of international human rights law.

MARINA LAO RECEIVES FULBRIGHT FOR COMPARATIVE LAW RESEARCH IN GERMANY

Professor Marina Lao has received a Fulbright Award for the 2007-08 academic year to lecture and conduct research in Ger many Professor Lao is teaching a course on United States Antitrust Law at the University of Munich in its graduate program on European and International Economic Law (LL.M. Eur.). She also is working on a comparative study of the United States’ and European Union’s (EU) approaches to monopolization law at the Max Planck Institute for Intellectual Property, Competition and Tax Law

Professor Lao’s lecturing and research projects in these areas are particularly important in today’s global world where antitrust enforcement can have significant international impact, and the antitrust/competition law decisions in one country can affect business practices far beyond its own borders Because the U S and the EU have the most developed antitrust/competition laws in the world, it is critical for American and European businesses, and the lawyers who represent them, to understand the relevant laws of the other jurisdiction

TRACY K AYE NAMED MAX PLANCK RESEARCH SCHOLAR FOR COMPARATIVE TAX LAW STUDY

Professor Tracy Kaye was awarded a Max Planck Grant this past summer to conduct comparative tax law research at the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich, Germany. While there, she worked on a comparative tax study of the United States’ and European Union’s approaches to economic development incentives

Professor Kaye’s research provided the information needed to complete an effective comparison of the United States’ and European Union’s approaches for providing subsidies for the promotion of certain public policies Her research focused on the procedures that have been put in place by each of the respective “federal” systems to allow challenges to tax incentives that might obstruct the efficient functioning of the common market and examined the implications of the choices that have been made.

SETON HALL LAW FACULT Y ONLINE AND CONNECTED

A tool for building communities, sharing ideas, and shaping opinions, blogs no longer remain relegated to the backroom of a small group of Web users. In fact, in recent years Web logs have been exploding in numbers. In 2002, there were about 100,000 blogs; now a new blog is created every second, according to the blog search engine Technorati. Contributing to the growth and strength of these online communities are several Seton Hall School of Law faculty members writing on a wide range of legal topics.

GAIA BERNSTEIN

Law and Technology Theor y – “Exploring and Rationalizing the Regulation of Technology, from the Double Helix to the World Wide Web”

http://techtheor y blogspot com/

Professor Gaia Bernstein star ted this blog with Professor Frank Pasquale, also of Seton Hall School of Law, and Jim Chen, Associate Dean, University of Minnesota Law School, to provide a forum where legal scholars can share their ideas on how the law should react to technological change and also present their papers for comment One set of papers is to be published this year in the Minnesota Science Law and Technology Journal

HOWARD M. ERICHSON

Mass Tor t Litigation Blog – A Member of the Law Professor Blogs Net work

http://lawprofessors.t ypepad.com/mass tor t litigation

Professor Howard Erichson co-writes this blog with Byron Stier, Professor, Southwestern Law School The blog provides resources, news, and analyses on mass tor t litigation such as asbestos, fen-phen, and tobacco Some recent topics addressed by Professor Erichson include Vioxx lawsuits, the American Law Institute’s draft Principles of the Law of Aggregate Litigation, and the mass tor t case concerning the health risks of Zyprexa, an anti-psychotic drug

DAVID FEIGE

Indefensible – The Intermittent Musing of a Pedantic Public Defender… http://davidfeige blogspot com/

Professor David Feige began blogging nearly three years ago after leaving his job as trial chief at The Bronx Defenders to work on his book INDEFENSIBLE: ONE LAWYER’S JOURNEY INTO THE INFERNO OF AMERICAN JUSTICE. Initially, the blog largely focused on the world of the public defender Since completion of the book, the blog has expanded to include a wide range of legal and social topics, including a recent posting on prison health

THOMAS HEALY

Dor f on Law –“ Where You’ll Find Musing by Mike (Dor f ) and His Friends” http://michaeldor f.org/

Professor Thomas Healy is a regular contributor to this blog on public law star ted by Columbia Law Professor Michael Dor f. Professor Healy ’s contributions have covered such topics as par tisan gerr ymandering, school integration, capital punishment, and presidential signing statements

SHAVAR D. JEFFRIES

Blackprof com – “Race, Culture, and Societ y” http://www blackprof com

Professor Shavar Jeffries is a regular contributor to this blog, one of the premier online communities for commentar y on i s s u e s o f ra ce, c u l t u re, a n d s o c i e t y I n re ce nt p o s t i n g s, Professor Jeffries has covered such issues as whether racial advancement should be measured based on the breakthroughs of uniquely talented pioneers, the pragmatics of affirmative ac tion, and the struc tural inadequac y of public schools for stigmatized minorities.

FRANK PASQUALE

Concurring Opinions –“ The Law, the Universe, and Ever ything” http://www.concurringopinions.com/

Professor Frank Pasquale is a co-author of this blog, one of the most widely read generalist law professor blogs with a Google page rank of seven. Some recent topics covered by Professor Pasquale include healthcare regulation, digital rights management, and methodology in legal scholarship Professor Pasquale's main aim in his posts is to supplement dominant economic and doc trinal understandings of legal problems with perspec tives derived from philosophy, including Catholic Social Thought, and social science.

Madisonian.net: Law, Technology, Societ y – “A Blog about Intellec tual Proper t y Law, the Legal Implications of Technology and Social Change, and Related Things” http://madisonian net/

Co-author of this blog, Professor Pasquale writes on a wide range of topics, including copyright controversies, ar tificial intelligence, and how the law has responded (or failed to respond) to innovation. He is par ticularly interested in new forms of commodification: the buying and selling of technologies to increase salience, competence, or appearance.

2007-08 Merck Visiting Scholars

Since 1994, Merck & Co has generously supported the Seton Hall School of Law Health Law & Policy Program’s Visiting Scholar series. Merck’s support of health law in New Jersey has allowed Seton Hall Law to bring outstanding health law scholars to its students and the wider legal community. During the 2007-08 academic year, Seton Hall Law welcomes Professors Kevin Outterson and Susan M. Wolf.

KEVIN OUT TERSON

Professor of Law

Boston University School of Law

Merck Visiting Scholar, Fall 2007

Professor Kevin Outterson is among the newest members of the faculty at Boston University School of Law. He formerly taught at West Virginia University College of Law, concentrating his scholarship and teaching on pharmaceutical law, business planning, and globalization. His recent ar ticles have focused on counter feit drugs, pharmaceutical innovation and access, antibiotic resistance, global public health, and international pharmaceutical pricing and regulation

He was appointed by former Gov Rober t E Wise Jr to the West Virginia Pharmaceutical Cost Management Council in 2004, and is a member of the American Health Law yers Association’s FDA Task Force. Prior to joining West Virginia University, Professor Outterson taught at Anglia Law School, Anglia Polytechnic University, in Cambridge, England.

He was a Rotar y Scholar at the University of Reading, England, then received his B.S. at Nor thwestern University, his J.D. at Nor thwestern University School of Law, and his LL M at the University of Cambridge, England

S U S A N M . W O L F

McKnight President ial Professo r of Law, Med icine & Public Polic y; the Faegre & Benson Professor of Law; Director, Joint Deg ree Program in Law, Heal th & the Life Scien ces; Cha ir, Conso rtium on Law and Va lues in Heal th, Env ironment & the Life Sciences

Universit y of M innesota L aw Scho ol M erck V isiting Scholar, Spring 2008

Professor Susan M. Wolf ’s scholarship and teaching focus on health law, law and science, and bioethics. She writes extensively on assisted reproduc tion, death and dying, women's health care, the organization of healthcare deliver y, and other topics in health law and science. Some of her recent ar ticles include “Doc tor and Patient: An Unfinished Revolution,” Yale Journal of Health Law, Policy & Ethics; “Assessing Physician Compliance with the Rules for Euthanasia and Assisted Suicide,” Archives of Internal Medicine; and “Clinical, Ethical and Legal Issues in Using Preimplantation Genetic Diagnostics to Create a Stem Cell Donor,” Journal of Law, Medicine & Ethics.

Prior to joining the University of Minnesota, Professor Wolf clerked for Judge Leonard B. Sand of the U.S. Distric t Cour t for the Southern Distric t of New York and prac ticed with the New York law firm of Paul, Weiss, Rifkind, Whar ton & Garrison.

She has ser ved on the editorial boards of the Journal of Law, Medicine & Ethics, the American Journal of Bioethics and the Journal of Urban Health, and currently is Executive Editor of the Minnesota Journal of Law, Science & Technology. Professor Wolf received her A.B. degree, summa cum laude, from Princeton University and her J.D. from Yale Law School.

SETON HALL LAW RISING

Dear Fellow Alumni,

Seton Hall School of Law is poised to take the next step in its ascendancy

In its sixth decade of service, Seton Hall Law is considered to be among the best law schools in the United States and is ready to rise to new challenges.

In education – as in practice or business – standing still is not an option We all have to grow in order to succeed

As alumni of Seton Hall Law, it’s time to build on our momentum. Seton Hall has:

• The experience to build on its recent successes

• The youth and agility to meet new challenges

• A faculty at the cutting edge of important legal trends

• Students who are preparing for whatever the 21st century demands

• A legal community that has embraced this vibrant institution regionally and nationally

The Seton Hall Law Rising Campaign will prepare the Law School to meet its financial priorities These priorities are grounded in our core values and strengths We will be raising at least $25 million during the Campaign to support strategic investments in our students and faculty

This Campaign will secure the Law School’s future, ensure its vitality, reinforce its reputation for innovation, and assure that Seton Hall remains a premier destination for legal education in an increasingly competitive marketplace

Join us as Seton Hall Law rises to the next level

HALL LAW RISING CAMPAIGN CO-CHAIRS,

VICKI FLEISCHER

Assistant Dean, Alumni and Development

B A , University of Wisconsin-Madison

J.D., Notre Dame Law School

A s e a s o

p r o fe s s

decade of alumni and development experience and brings with her the understanding of what is needed to oversee a successful campaign from start to finish In her role as Assistant Dean, she super vises the Alumni and Development staff, assists the Seton Hall School of Law ’s Board of Visitors, serves as a liaison to the Law School’s contacts within the pharmaceutical industry, and conducts principle and major gift work She has been instrumental in preparing for the public phase of the Seton Hall Law Rising Campaign

SHANNON MARCOT TE

Major Gift Officer

B.A., University of Massachusetts, Amherst

J D , Seton Hall Law School

An alumna herself, Shannon Marcotte is an

positions with the Alumni and Development Office for six years She was instrumental in the campaign planning process and worked with Dean Patrick E. Hobbs to form the Law School’s inaugural Board of Visitors She has a t re m e n d o u

responsible for the major gift work critical to the success of the Seton Hall Law Rising Campaign

B R I A N N E W M A N

M ajor Gif t O fficer

B S , Merc y College

As the newest addition to the Alumni and D evelopment O ffice, Brian Newman has made the transition to development after a successful career in management and sales for LexisNexis. Brian is responsible for identifying, cultivating, and stewarding major gift prospects throughout the duration of the campaign In addition, Brian is charged with handling special projects to suppor t Seton Hall School of Law ’s alumni and development outreach efforts

LISA CARGILL

Direc tor of Development

B A , State University of New York College at Buffalo

J D , Albany Law School

L i s a Ca

development experience, oversees the Annual Fu n d, w h i c h p r ov i d e s

suppor t to Seton Hall School of Law She administers the Law Firm Representative program, student telephone outreach effor ts, direct mail campaigns, and many of our scholarships A liaison to our Alumni Council, Lisa also helps to facilitate alumni volunteer effor ts to assist other depar tments in the Law School, including Admissions, Student Ser vices, and Career Ser vices

LORI THIMMEL

Direc tor of Alumni Relations

Lori Thimmel brings decades of experience in event planning, which has proven to be helpful as Seton Hall School of Law increases its alumni outreach. In addition to organizing all alumni and Campaign events, she assists with the alumni Web site and ser ves, along with the Director of Development, as the office’s liaison to the Alumni Council Lori aims to ensure that Seton Hall Law ’s

networking oppor tunities for alumni

CARRIE WRIGHT

Law School D evelopment O fficer

B A , I thaca College

As someone fairly new to the development field, Carrie Wright brings much energy to the Alumni and D evelopment O ffice She is responsible for two of Seton Hall School of Law ’s newest programs: Graduation Class Gift and Reunion Giving. Carrie also assists with internal prospect research, the Web site, and the super vision of student workers.

DANIELLE SWICK

Secretar y, Alumni and Development

B.A., The College of New Jersey

Danielle Swick assists with event planning, the Annual Fund, reunions, and alumni relations, a

School of Law alumni. Danielle is likely the first point of contact for alumni and friends.

KRISTINA DZWONCZYK

Secretar y, Alumni and Development

B A , Seton Hall University

M.A., University of Connecticut

Kristina Dzwoncz yk assists Seton Hall School

Ask Michel F “Mitch” Baumeister ’72 how he managed to combine a passion for flying with an interest in the law to become one of the nation’s most highly respected aviation trial attorneys, and he’ll point to the people in his life

Growing up in a four-story walkup in the Bronx in the late 1950s, his opportunities were limited What he received instead were a spirit of resourcefulness and a desire to help the “little guy ”

“My mom was a hero to me, an incredible woman who struggled under extraordinarily difficult circumstances to raise a strong, loving family,” he says “She was a stay-at-home mom who made sure the one pair of shoes you owned had soles on them, your pants had patches on them, and she knew how to cut that occasional ‘chuck’ steak five ways to feed her family ”

He and his sister also were taught that as part of the family, they shared a responsibility for caring for their brother George, who was born profoundly retarded “Some of my earliest memories are of walking my brother to the schoolyard, and the kids would tease him and be very cruel,” recalls Mr Baumeister “It showed me early on that people who are less able to defend themselves need someone to help them fight life’s battles ”

The recipient of Seton Hall School of Law’s 2007 Distinguished Graduate Award, he has fought that battle for many over the course of his career He has represented clients from nearly every c o m m e rc i a l a i r l i n e

conducted several high visibility investigations and trials as an Assistant District Attorney in Manhattan and as an Assistant United States Attorney for the Southern District of New York Following that, he handled various types of plaintiffs’ cases, but concentrated his practice primarily on aviation matters

Over the past several decades, he has worked on behalf of injured passengers, crew and the families of those killed in aviation disasters ranging from the Pan Am F l i g h t 1 0 3 b o m b i

, Scotland, to TWA Flight 800, to Swissair Flight 111, to the World Trade Center attacks on September 11, 2001, including United Airlines Flight 93 Currently, he is representing two families of victims from the Comair Flight 5191 tragedy in Kentucky last year

A JOURNEY OF LEARNING

His journey from a four-story walk-up to a nationally renowned trial attorney, however, was neither direct nor planned

In the 1960s when drugs began infiltrating the city, his parents decided to move the family to Rockaway, New Jersey “We had our own home with a backyard, and all of a sudden life was very different,” recalls Mr Baumeister “I began to realize Mitch Baumeister could do things ” Included among those things was learning how to fly Discovering the Morristown Municipal Airport as a teenager, he started mowing lawns to pay for lessons

Then as a college student at Fairleigh Dickinson, in Madison, he met Bob Shields, the director of athletics and lacrosse coach

“Bob took me under his wing and encouraged me to join a new team on campus - lacrosse He constantly reinforced the idea that with hard work, discipline, and dedication, I could develop into a good player and a leader,” says Mr Baumeister And develop he did In his senior year, he was elected team captain and the team won its first divisional championship He was voted MVP and a t h

e U S Lacrosse Association as the 1966 National Scoring Leader with a single-season total of 79 points

HELPING TO REBUILD LIVES

After graduation, it was Vietnam “In 1966, they were just starting to build up the American presence overseas My family consisted of firemen and cops, and if your country says it needs

The Alumni Dinner Dance: A Time to Celebrate,

FAMILY TIME

Michel “Mitch” F Baumeister ’72 (r) shares some family time with his wife, Lynn, and son Jared

TIME TO CATCH UP

Michel “Mitch” F Baumeister ’72 (center) catches up with some friends during the Alumni Dinner Dance reception

PINNING THE CORSAGE

ALUMNI LEADERS

Fred Regenye ’95 (l) Immediate Past President of the Alumni Council, and Tim Donohue ’80, President, pose for a photograph

A KISS AND A DANCE

you, there were no questions asked You did what’s required - it’s that simple ” The war, however, left him “feeling betrayed by the leaders of my government ” His answer was to enroll in law school “I thought maybe I could help to change things Maybe I could do that by becoming a lawyer ”

Rutgers refused to accept his application because he had missed its spring deadline So he tried Seton Hall Law Again, he was told he had missed the deadline, but was directed to Associate Dean Robert Diab “I told him my story, that I had been overseas and that if I didn’t get into law school I didn’t know where I’d wind up, ” says Mr Baumeister “He listened with a smile on his face, and told me to speak with Dean (John) Loftus ” Dean Loftus told him to take the LSAT and he was enrolled that fall

It was that willingness to consider his circumstances and be flexible that has made him such a strong supporter of Seton Hall Law “They gave me a chance to have a career that has been both rewarding and fulfilling,” he says Since graduating with his law degree, he has taught as an adjunct professor for almost 20 years, currently is serving as Vice Chair of the Board of Visitors, and has helped in various fundraising activities Recently, he and his wife, Lynn, also chose Seton Hall Law to honor their son Matthew who died unexpectedly from a heart condition in 2005 He was only 19 The renovated cafeteria with its bright, welcoming design was their gift to the students of Seton Hall Law in memory of Matthew

After their sons Jared, now 25, and Matthew were born, Mr Baumeister says, he and his wife made it a priority to put their family first Although he offered to be the stay-at-home parent because “Lynn is the better lawyer,” they decided that he would pursue his interest in the law

Lee S Kreindler, the preeminent aviation attorney in the nation, gave him that opportunity At Kreindler & Kreindler, Mr Kreindler, along with Milt Sincoff, guided his development as an attorney and as a person, he says He ultimately became a partner in 1980 One of the things he also learned early on from Mr Sincoff, he says, was to be home for dinner, to attend his children’s extracurricular activities, even if it meant having to work late at night while everyone was sleeping, and to take family vacations

and Connec t Again

A PROUD WIFE

Lynn Baumeister, wife of Michel “Mitch” F Baumeister ’72 listens to her husband’s acceptance speech upon being named the 2007 Distinguished Graduate

JUSTICE

Building on the lessons he learned at the Kreindler firm, he decided in 1988 to launch his own firm, Baumeister & Samuels, P C with his partner Thea Capone “I wanted to form a small, boutique firm that focused on the clients,” says Mr Baumeister “My clients were and are people who in an instant have had their lives destroyed and are facing an uncertain future, struggling to keep their families together and rebuild their lives I wanted my firm to be a business last and to focus on our clients and aviation safety first ”

While that concern about his clients has helped to draw him back into his professional world following the death of Matthew, it is his son Jared, Mr Baumeister says, who has provided the support to even make that possible

“Tragically on May 11, 2005, our world disintegrated when Matthew died suddenly,” he says “Each day, Lynn and I struggle to continue on It is incomprehensible that our smiling, loving son is not here enjoying his life - the pain and emptiness of not being able to hold and protect him is indescribable Slowly, and with great support and patience, our wonderful son Jared has kept us connected and engaged in life He has been our lifeline ”

He notes that family and friends also have been waiting for a chance to help, “being incredibly supportive, but that it is just slow and painful to re-engage ”

Hearing about the Comair crash in Kentucky, he says, “I was so incensed about this needless tragedy that when two of the families asked me to get involved, I felt I had to help Both families lost their beautiful children ”

Although he considers himself fortunate to have built a career where he can help others to reclaim their lives, he stresses that he did not do it alone

“Lynn is an extraordinarily smart and loving woman, and an incredible mother and wife - someone I fell in love with at first sight almost 34 years ago Without her, nothing in my life or my sons ’ lives would be possible ”

Justice

SAMUEL

Exchanging his U.S. Supreme Cour t robes for a Seton Hall School of Law cap and gown, Associate Justice Samuel A Alito urged the Class of 2007 at its May 25th commencement ceremony to identify those things that are “essential and permanent ” and to abide by them.

I t is a process, he noted, that the countr y ’s founders worked through as they crafted the Constitution, and a process that provides a solid compass for living a life of integrity

“Don’t confuse the things that are merely impor tant with the things that are essential and permanent for the rules that matter most are the rules that cannot be bent,” said Justice Alito. “If we don’t have fixed and clear principles, we can easily go astray ”

H

s

s represented a warm welcome back to Seton Hall Law, where he taught for several years as an adjunct faculty member. The keynote speaker at the commencement ceremony held at the New Jersey Per forming Ar ts Center, he met with several standing ovations, cheers, and resounding applause during his time with the graduates.

“Because of my connection to Seton Hall Law School,” he told the Class of 2007, “I k now what an excellent legal education you have received ”

H

intolerance, noting that Seton Hall’s namesake, Elizabeth Ann Seton, was a stanch suppor ter of religious freedom.

“I hope that all of you... will be on guard against the revival of the old and ver y dangerous lie that there are people of cer tain religions who are not fit to hold office or not fit to hold citizenship in the United States because they cannot be counted upon to exercise independent judgment and to be true Americans,” said Justice Alito.

In her introduction of Justice Alito, U S Appeals Cour t Judge Mar yanne Trump Barr y, his friend and colleague for nearly 30 years, described Justice Alito as the Bruce Springsteen of the legal profession.

“Like the Boss,” she said, “Justice Alito has been received in this state with fer vor and affection ”

In recognition of his outstanding contributions to the field of law, S eton Hall bestowed an honorar y D oc tor of Laws, Honoris Causa degree upon Justice Alito.

Justice Alito was nominated as an Associate Justice of the U.S. Supreme Cour t by President George W. Bush and was sworn in on Januar y 31, 2006 He previously ser ved on the United States Cour t of Appeals for the Third Circuit

In 1999 and 2000, he taught Constitutional Law at Seton Hall Law, and in 2003 and 2004 he taught a course on Terrorism and Civil Liber ties that he developed following the events of September 11, 2001

Seton Hall Law bestowed 355 J D , 26 M S J , and two LL M degrees during its 2007 commencement

1 GET TING READY

Mireille Bahri (r) and her mother, Kathleen, help Allen Alfano with his graduation attire

2. LAW SCHOOL FRIENDS

(l-r) Judy Pak, Maura Caroselli, Philippe Dehaene, and Lauren Yassine, who all took par t in the Immigration and Human Rights Clinic their last semester, pose for a group photo

3. LINING UP

The Class of 2007 lines up on the ramps to position themselves for the procession to the New Jersey Per forming Ar ts Center.

4. A HARD-EARNED DEGREE Colleen Ayers proudly displays her J D degree

5. A MUSICAL INTERLUDE “ The Restatements,” a Seton Hall Law student band with Professor Howard Erichson on drums, takes center stage at the New Jersey Per forming Ar ts Center during the 2007 commencement exercises

6. MAKING YOUR DREAMS COME TRUE

Anthony Rapa shares his pride with his fellow graduates noting that “for anyone with a degree from this law school, you have a ponderous chance to make your dreams come true ”

7 ALL SMILES

Lillie Nkenchor is all smiles with degree in hand as she gets ready to leave the New Jersey Per forming Ar ts Center.

Class Ne ws &Notes

1960

The Honorable Gerald C. Escala ’64, of Demarest, has contributed courtroom stories to the recently published book NEW JERSEY ESTATE LITIGATION The Honorable John A. Conte ’67, of Hackensack, has stepped down from the Bergen County Superior Court bench after 15 years. Judge Conte will serve as a part-time adviser in his son’s (John A. Conte Jr. ’84) law firm Henry J. Walsh ’69, of Bridgewater, has become Counsel at the law firm Ventantonio & Wildenhain PC.

1970

Jeffery L. McCormick ’75, of Longmeadow, MA, has been appointed a member of the Board of Bar Overseers of Massachusetts. Richard H. Steen ’75, of Lawrenceville, has been named Second Vice President of the New Jersey State Bar Association Rober t J. Brennan ’76, of Morristown, has been appointed to the Superior Court bench in Morris Count y. Paulette Brown, ’76, of Plainfield, has become the first firm-wide Chief Diversity Officer at Edwards & Angell. Brown recently received a Trailblazer Award from the state chapter of the NAACP and a Spirit of Excellence Award from the American Bar Association; she also has been nominated for a three-year term on the ABA’s Board of Governors. Maury Cartine ’76, of Montville, has accepted the position of Partner-InCharge of the Tax Department at Marcum & Kliegman. Peter G. Sheridan ’77, of Trenton, has been appointed to the Federal Judge bench Ronald L. Chapman ’78, of North Carolina, has been appointed as a judge in the 26th Prosecutorial District Court in Mecklenburg County.

1980

Lynn Fontaine Newsome ’81 has been named President of the New Jersey State Bar Association Shelia Gaddis ’81, of Rochester, NY, has joined Hiscock & Barclay as of counsel. James A. Kosch ’81, of Allendale, has been elected Chair of the Toxic Tort & Environmental Law Committee of the ABA’s TIPS Section James E. Trabilsy ’81, of Watchung, has been named a “Super Lawyer ” in Law & Politics magazine and Shareholder at the firm Wilentz, Goldman, & Spitzer P A Joseph A. Gallo ’82, of Middletown, served on the Editorial Advisory Board for T. Evan Schaeffer ’s newest book, DEPOSITION CHECKLISTS AND STRATEGIES, published in December 2006 Lawrence N. Lavigne ’82, of Bridgewater, has been certified as a civil trial attorney by the Supreme Court of New Jersey. Margaret Leggett Tarver ’82, of Willingboro, has been re-appointed as a trustee of the New Jersey Bar Foundation. Eric J. Marcy ’82, of Long Valley, has been named a “Super Lawyer ” in Law & Politics magazine. John F. McKeon ’83, Partner at Hardin, Kundla, McKeon & Poletto, PC, in Springfield, a New Jersey Assemblyman, and Mayor of West Orange, was an honoree at the Communit y Health Law Projec t ’s 19th Annual Ann Klein Advocate Awards Dinner in October 2006. The Honorable John McKeon was recognized for making “ex traordinar y contributions to improving the lives of people with disabilities ” Ellen O’Connell ’83, of Somerville, has been re-elected First Vice President of the New Jersey State Bar Foundation She has practiced

Theodore J. Wells Jr. Visits Seton Hall Law

Calvin Souder (l), Vice President of the Black Law Student Association (BLSA), presents Theodore J Wells Jr , defense counsel for I. Lewis “Scooter ” Libby, with the BLSA Distinguished Practitioner Award at its annual banquet in April Also attending the event was Mr Well’s wife, Nina Mitchell Wells, New Jersey Secretar y of State, who ser ved as the keynote speaker

law in New Jersey for 23 years concentrating her practice in corporate executives and employers in labor and employment cases Bonnie Frost ’84, of Bernardsville, has been appointed by the New Jersey Supreme Court as a member of the Disciplinary Review Board. Last year, she was named one of the top 100 lawyers and one of the top 50 female lawyers in the state by Law & Politics magazine She also is former chair of the Family Law Section of the New Jersey State Bar Association and currently Secretary of the American Academy of Matrimonial Lawyers John J. Henschel ’84, of Warren Township, has been appointed as a trustee of the New Jersey State Bar Foundation. Adrienne C. Rogove ’84, of Somerset, was appointed Vice Chair of the Business and Commercial Litigation Committee for the New Jersey State Bar Association. The committee assists the business bar by working with the courts to ensure the needs of business clients are being met. Liza M. Walsh ’84, of Caldwell, was named one of New Jersey ’s Best 50 Women in Business for 2006. Robert F. Walsh ’84 has been admitted to partnership at White and Williams, LLP in Philadelphia, PA. John P. Belardo ’85, of Basking Ridge, has been appointed Associate Legal Counsel to the New Jersey State League of Municipalities as well as Township Attorney for Bedminster Township. Noel Hillman ’85, of Great Falls, VA, was confirmed by the United States Senate, by a vote of 98-0 on June 8, 2006, to serve as a United States District Court Judge for the District of New Jersey. He was nominated by President George W Bush on January 25,

2006, sworn into office on June 26, 2006, and sits in Camden. Richard M. Marano ’85, of Oxford, CT, has been elected President of the Housatonic Council, Boy Scouts of America Pamela T. Miller ’85, of Hackensack, has received the 2007 Corporate Trailblazers Award from the Association of Black Women Lawyers. Charles M. Naselsky ’85, of Philadelphia, PA, has joined Blank Rome LLP as Partner in the Firm’s Real Estate Group. Marianne J. Gilmartin ’86, of Moscow, PA, was elected President of Dress for Success Lackawanna Julio C. Morejon ’86, of Union City, has been sworn in as Municipal Court Judge of West New York. Amy Zylman Shimalla ’86, of Somerset, has been appointed as a trustee of the New Jersey State Bar Foundation She is a partner in the Warren law firm of Copeland, Shimalla & Wechsler, sits on the Early Settlement Panel in Somerset County, and is a member of the Somerset County Bar Association’s Family Law Committee. Paul C. Dritsas ’87, of Colts Neck, has been named Partner at McCarter & English, LLP. Edward T. Kole ’87, of Freehold, has been named a “Super Lawyer ” in Law & Politics magazine. Michael J. Marone ’87, of Morristown, and his firm McElroy, Deutsch, Mulvaney, & Carpenter have been inducted into one of the premier legal associations in America, the American College of Trial Law yers. Judith J. Sullivan ’87, of Oak land, has been appointed President of the Transatlantic Business Council, a nonprofit trade organization. Robert A. Bianchi ’88, of Morris Plains, has been made a prosecutor in Morris County

A Warm and Welcoming Place

Through a generous donation from

All for a Good Cause

Dean Patrick E Hobbs was among the stars at this year ’s annual Pie-in-The Face fundraiser to suppor t the Public Interest Network Fellowship Fund and the Law School’s loan forgiveness program. Here his wife, Joanne, gets ready to help him after landing a pie squarely in his face

Paul F. Cullum III ’89, of Williamsburg, VA, has co-authored the book NEW JERSEY ESTATE LITIGATION. He ser ves as Counsel in Gibbons P C ’s Business & Commercial Litigation Department, and has considerable experience in trust and estate litigation, insurance coverage, and environmental litigation. Tommie Ann Gibney ’89, of Medford, has been named President-Elect of the Association of Trial Lawyers of America - New Jersey. Jeffrey S. Goldstein ’89, of Fair Lawn, has been named Partner at Schenck, Price, Smith & King, LLP Dorothy A. Harbeck ’89, of Rumson, has been appointed to the Elizabeth Immigration Court bench. Jeffrey J. McWeeney ’89, of Brick, has been appointed as a trustee for the New Jersey State Bar Foundation

1990

Frances P. Allegra ’90, of Miami, FL, has been selected by the Eleventh Judicial Circuit of Florida as a 2007 inductee to the Juvenile Court Wall of Honor. Roberta E. Berger ’90, of Phoenix, AZ, has joined Wells Fargo Bank, N.A. in the Phoenix Law Depar tment as Senior Counsel Timothy D. Lyons '90, of M iddletown, has been designated by the Supreme Court of New Jersey as a certified civil trial attorney D avid P. Pepe ’90, of Caldwell, has been named a “Super Lawyer ” in Law & Politics magazine. Sheila E. Calello ’91 has been named Partner at McCarter & English, LLP Patrick C. Dunican Jr. ’91, of Suffern, NY, has been appointed as a trustee of the New Jersey State Bar Foundation. Steven A. Karg ’91 has been

selected for inclusion in the Business Litigation section of New Jersey Super Law yers 2007, as well as named Second Vice President of the Somerset County Bar Association Ellen W. Lambert ’91 is Director of Corporate Relations and Contributions at Hoffmann-La Roche Inc., Nutley. Vincenzo Paparo ’91, of Ramsey, has co-authored an article entitled “Lending to Private Equity Funds” which appeared in The S ecured Lender. Meredith Kaplan Stoma ’91, of Essex Fells, was named one of New Jersey ’s Best 50 Women in Business for 2006 Thomas F. Doherty ’92, Morristown, has been named Partner at McCarter & English, LLP. James M. Maggio Jr. ’92, of Boonton, has been elected Counsel at Riker Danzig Scherer Hyland & Perretti, LLP John J. Ratkowitz ’94, of Livingston, has been named Partner at Starr, Gern, Davidson, & Rubin, P C Sharon L. Weiner ’94, of Morristown, has joined Scarinci & Hollenbeck, LLC as Counsel in its Environmental & Land Use Law Group.

Continuing her prac tice in the areas of land use, environmental, public entity, and public utility law, she is a resident of the firm’s Lyndhurst office. She also serves as Special Tax Appeal Counsel for the Town of Morristown, is a governmental affairs agent with the State of New Jersey, serves as President of the Women’s Political Caucus’ of New Jersey and as Chair of its Political Resource Committee, and is a member of the Editorial Board of New Jersey Lawyer newspaper Thomas C. Conniff ’95, of Chatham, joined C.R. Bard, Inc. as Assistant General Counsel and will be handling various

NJSBA’s Newest President

Lynn Fontaine Newsome ’81 was installed as President of the New Jersey State Bar Association at its annual meeting in May Par tner at Donahue, Hagan, Klein, Newsome & O’Donnell, PC, in Morristown, Ms Newsome specializes in family law Also installed at the NJSBA’s annual meeting was Richard H. Steen ‘75 as Second Vice President His firm, Richard J Steen, LLC, is located in Princeton.

Moot Cour t Successes

Seton Hall Law students Vanessa Campagna ’07 (l) and Krista Gundersen ’07 pose with their first-place trophy from the Capital Law School’s National Adoption Law Moot Cour t Competition. Along with them, 29 other Interscholastic Moot Cour t Board members competed in 11 competitions throughout the 2006-07 academic year, earning 21 awards on behalf of Seton Hall School of Law. Jodi Anne Hudson ’96 directs the Moot Cour t Board

commercial matters Michele Meyer-Shipp ’95, of Princeton, has received the 2007 Corporate Trailblazers Award from the Association of Black Women Lawyers Cathleen T. Butler D’Orsi ’96, of Scotch Plains, has coauthored the book NEW JERSEY ESTATE LITIGATION. She works at the law firm, Gibbons P.C. in Newark. Louis A. Chiafullo ’96 has been named Partner at McCarter & English, LLP Thomas M. Crino ’96, of South Plainfield, has been named the new Equit y Par tner at the law firm Ventantonio & Wildenhain James B. Johnston ’96, of Union, was promoted to Lieutenant of Prosecutor ’s Detectives at the Essex County Prosecutor ’s Office in Newark Along with his promotion, he also completed his 20th year in law enforcement Jeralyn L. Lawrence ’96 has been selected for inclusion in the Family Law sec tion of New Jersey Super Law yers 2007 Amy S. (Cleghorn) Park ’96 has been elec ted Par tner at Skadden Arps. Sunitha Ramamurthy ’96 is the new Director of Eisai Corporation. She previously worked as Director of Compliance at Newark Beth Israel Medical Center. Linda A. Spagnola ’96, of Cranford, is the new Editor-in-Chief of the American Association for Paralegal Education and has published a tex tbook entitled CONTRACT LAW FOR PARALEGALS: LEGAL PRINCIPLES AND PRACTICAL APPLICATIONS. Scott M. Baach ’97, of Basking Ridge, has been selected for inclusion in the Business/Corporate section of New Jersey Super Lawyers Rising Stars 2007 Andrew T. DiMauro ’97, of Chicopee, MA, has accepted the position as Vice President and Estate Settlement

Officer for the Bank of America Richard A. Garza ’97 has been promoted to Director of Legal & Business Affairs of BMI’s Per forming Rights group Alison G. Greenberg ’97 has been named Partner at McCarter & English, LLP Mark Manigan ’97 has been named to NJBiz’s 2006 “Forty Under 40” list. The list recognizes New Jersey entrepreneurs who share a commitment to business growth, professional excellence, and the community. Terri Soaries ’97, of Somerset, received the 2007 Corporate Trailblazers Award from the Association of Black Women Lawyers. Angelo Stio III ’97, of Princeton, has been named Par tner at Pepper Hamilton LLP. Paula M. Winters-Tziavragos ’97 has been named Par tner at Cotton Wollan & Greengrass Melissa MacLeod ’98, of Haddonfield, has been named Partner at K lehr, Harrison, Har vey, Branzburg, & Ellers LLP

Kara McCarthy Perry ’98 is a faculty researcher for The Center for Health & Pharmaceutical Law at Seton Hall Law School. She came to the Law School from sanofiaventis where she was senior corporate counsel Jason W. R insky ’98, of East Hanover, has joined DRS Technologies, Inc. as Senior Vice President of Corporate Taxation Donna T. Tamayne ’98 completed divorce mediation training and now serves as review attorney or mediator for matrimonial and family related matters. Dina M. Vanides ’98, of Englewood, has been named Par tner at Greenbaum Rowe and also appointed to the Judicial and Prosecutorial Appointments Committee for the Essex Count y Bar Association

Sister Rosemary McSorley

Katharine S. Hayden

Anthony Thomas

A popular Seton Hall Law event, the annual Public Interest Network Auction raises funds to suppor t students interested in pursuing a career in public interest This year ’s auction honored (l-r) Sister Rosemary McSorley ’91, Director of Cornelian Community Counselors, with a Lifetime Achievement Award; The Honorable Katharine S. Hayden ’75, of the United States District Cour t for the District of New Jersey, with the Richard J Hughes Award; and K. Anthony Thomas ’95, Assistant Federal Public Defender, with the Excellence in Advocacy Award

Laura L. Van Tassel, ’98 completed divorce mediation training and now serves as review attorney or mediator for matrimonial and family related matters. Janet Castro Castellano ’99, of Maywood, has joined Bristol-Myers Squibb Company as Associate Counsel concentrating in Labor and Employment. Lani M. Dornfeld ’99, a graduate of the Health Law & Policy Program, has been named Counsel in WolfBlock’s Health Law practice group in Roseland. Daniel A. Hagan ’99, of Washington, D.C., has joined White & Case LLP as Counsel in its Energy, Infrastructure, and Project Finance Practice Michele Renee Nance ’99 has joined Polaris Management Partners in New York City as a compliance specialist and senior consultant William S. Peck ’99, of Manalapan, has joined Esquire Litigation Solutions of Woodbridge, concentrating in litigation. Gina M. Pontoriero ’99, of Watchung, is a senior associate at Greenbaum, Rowe, Smith & Davis LLP Gary J. Ruckelshaus ’99, of Princeton, has been named Partner at Reed Smith. Theresa L. Widmann ’99, of Stone Ridge, NY, has joined Esquire of New York, NY, concentrating in trial consulting

2000

Iskender H. Catto ’00, of Paterson, has been elected Partner at Kirkland and Ellis LLP Sanjay P. Ibrahim ’00, of Belle Mead, has accepted an in house counsel position with JPMorgan Chase. Andrew C. White ’00, of Hillsborough, was honored by the New Jersey State Bar Association with the Young Lawyer ’s 2006 Service to the

Community Award He also is the Corporate Counsel for Vonage, Inc Susan Aufiero ’01, of Hoboken, has coauthored an article with Vincenzo Paparo ’91 entitled “Preparation: The Key to Enhancing Distressed Debt Recover y Oppor tunities,” and co-authored an ar ticle entitled “Lending to Private Equit y Funds” which appeared in The Secured Lender. Matthew P. Bennett ’01, of Rockaway, has joined Schulte Roth & Zabel LLP as an associate. Brian J. Pollock ’01 has joined the firm Giordano, Halleran & Ciesla, P.C. as an associate. Michael C. Zisa ’01, of Bethesda, MD, has been named Partner of Quagliano & Seeger, P.C. Lauren (Makar) Haley ’02 has joined the healthcare practice of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P C as an associate Lindsay P. Kern ’02 has joined the firm Wolf, Block, Schorr & Solis-Cohen, LLP as an associate. Michael J. Ovsievsky ’02 has joined the firm Wolf, Block, Schorr & Solis-Cohen, LLP as an associate Anna (Kasimis) Patounakis ’02, a graduate of the Health Law & Policy Program, is Senior Staff Attorney at UMDNJ-Robert Wood Johnson Medical School in New Brunswick Sean Cotton ’03 has been named an associate at Simpson Thacher & Bar tlett LLP, in New York City. Peter M. Perkowski Jr. ’03 of West Orange, has become an associate at Riker Danzig Scherer Hyland & Perretti, LLP. Bryan P. Schroeder ’03, of Hamilton, has joined Wolf, Block, Schorr & SolisCohen, LLP, as an associate in its Cherr y Hill office He previously worked as an associate at Saiber, Schlesinger, Satz & Goldstein, LLC, in Newark.

Access to Health Care as a Human Right

Paul Farmer, medical anthropologist, physician, and founding director of Par tners in Health, spoke at Seton Hall School of Law in Februar y on the need to protect the social and economic rights of the world’s poor. The recipient of a MacAr thur Foundation “genius award,” he also is the subject of Trac y Kidder ’s MOUNTAINS BEYOND MOUNTAINS: THE QUEST OF DR PAUL FARMER, A MAN WHO WOULD CURE THE WORLD.

Candice E. Chesson ’04, of New York, NY, has been hired as an associate at Hodgson Russ, LLP in the Business Litigation Practice Group. Ernest Anemone ’05, of Red Bank, has been named President of the Legal Services Union Thomas R. Basta ’05 has joined DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C. as an associate. Joshua H. Beinhaker ’05 has joined DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C. as an associate. William E. Donohue ’05, of Fair fax, VA, a graduate of the Health Law & Polic y Program, recently was commissioned as a lieutenant in the U.S. Coast Guard and appointed a judge advocate. Lieutenant Donohue is currently stationed in Washington D C in the Office of General Law A. Paul Genato ’05, of Staten Island, NY, has joined the firm McCarter & English as an associate. Jaime Pego ’05, a graduate of the Health Law & Policy Program, joined the healthcare group, forensic practice, of KPMG’s New York City office. Michael D. Shapland ’05, a graduate of the Health Law & Policy Program, is an associate at Dewey Ballantine LLP, New York City Casey Silvia ’05, of Boston, MA, has been appointed Assistant District Attorney for Middlesex County. Christine D. Socha ’05 has joined the law firm of Norris, McLaughlin & Marcus as an associate Laura E. Staiger ’05 has joined DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C. as an associate Maria Venezia, M.S.J. ’05, a graduate of the Health Law & Polic y Program, is Associate Director, Program Finance, Medical Operations, at Novar tis.

Carol Ann Armenti ’06, a graduate of the Health Law & Policy Program, provided testimony to the House of Representatives Public Health Committee in Austin, TX in February regarding Gov Rick Perry ’s Executive Order requring the immunization of young women from the cancer-causing human papillomavirus (HPV ). Margot Eves ’06, a graduate of the Health Law & Policy Program, is a fellow in Bioethics at the Cleveland Clinic in conjunction with a program at Case Western Reserve University and two area hospitals in Cleveland, Ohio. Leanne Fosbre, M.S.J. ’06, a graduate of the Health Law & Policy Program, has been appointed to the Institutional Review Board at Saint Barnabas Medical Center. Allana (Holub) Nason ’06, a graduate of the Health Law & Policy Program, completed a one-year clerkship with the Honorable Donald G. Collester Jr. and is a new associate at Gibbons P C Newark Cornelius Sailer, M.S.J. ’06, a graduate of the Health Law & Policy Program, joined sanofi-aventis as Head of Life Cycle Management and Base Business. He was formerly the Director of Women’s Health at Novartis Pharmaceuticals Corporation

IN MEMORIAM:

Daniel A. Degnan ’54

Har vey M. Sklaw ’63

Philip H. Shore ’68

Raymond F. Meisenbacher ’73

James M. Burke ’77

Henr y F. Collins ’78

Barbara Coles Bolella ’79

Amy Grossman ’92

Thank You Mr. Heyman!

Through a generous $250,000 donation from Samuel J Heyman, Assistant Attorney General under Rober t Kennedy, Seton Hall School of Law students and alumni have been provided with critical financial suppor t to pursue careers in government ser vice. Pictured here Mr Heyman (l) and Dean Patrick E Hobbs announce the launching of the Heyman Fellowship Program, offering one-time grants of $10,000 and loan-repayment assistance to students and graduates working in federal public ser vice

Admitted to the U.S. Supreme Cour t Bar

In Januar y, a number of Seton Hall Law graduates and members of the Board of Visitors had the special distinction of being sworn into the U.S. Supreme Cour t. Pictured here are: (l-r): Lori Thimmel, Director of Alumni Relations; Louis Andreozzi ’84 (Board of Visitors); Glenn Williams ’93 (Board of Visitors); Peter Larson ’74 (Board of Visitors); Clay Constantinou ’81 (Board of Visitors); Armando Bonilla ’92; Supreme Cour t Justice Samuel Alito; Joseph Accardo ’96; Dean Patrick E. Hobbs; Randal Turner (husband to Kimberly Hunter Turner); Brian Behrmann (husband to Laura Genovese); Kimberly Hunter Turner ’90; Laura Genovese ’00; Vicki Fleischer, Assistant Dean of Alumni & Development; Barbara Schiavone (wife of Joseph Schiavone); and Joseph Schiavone (Board of Visitors)

Levi Barnes, M.S.J. ’07, a graduate of the Health Law & Policy Program, has been appointed as an ethics advisor at Merck & Co and will work in both the Whitehouse Station and Rahway campuses Kinksuk Bhattacharya ’07, a graduate of the Health Law & Policy Program, is an associate at Bendit Weinstock, West Orange. Ami Doshi ’07, a graduate of the Health Law & Policy Program, is a new associate at Frommer, Lawrence & Haug. Alfred W. Evans Jr., M.S.J. ’07, a graduate of the Health Law & Policy Program, is an adjunct instructor for the Division of Academic Affairs at Elizabeth City State University, N.C., teaching a new online course on health law and regulatory compliance for pharmacy students Jason J. Faler, M.S.J. ’07, a graduate of the Health Law & Policy Program, is a projec t consultant in the Strategy & Business Development Division at Oregon-based Salem Hospital/Regional Health Ser vices He also recently formed a charitable nonprofit organization the Checkpoint One Foundation to assist Iraqi and Afghan nationals who have served as interpreters with the U S Armed forces and their families. Nupa Patel ’07, a graduate of the Health Law & Policy Program, is Director of Compliance at Newark Beth Israel Medical Center Tara Swenson ’07, a graduate of the Health Law & Policy Program and recipient of Seton Hall Law School’s 2007 Health Law Award for high academic per formance, is an associate at Mintz Levin Cohn Ferris Glovsky and Popeo, PC, Washington, D.C.

BIRTHS:

Wayne F. Simmons Jr. ’96 and his wife announce the birth of their third child, Darby Flynn, on August 23, 2006 Brett Anders ’97 and wife, Joanna, announce the birth of their daughter Kaitlyn Taylor on April 21, 2007. Andrew T. Dimauro ’97 and his wife announce the birth of their daughter Adrienne Giana “GiGi” on November 2, 2005 Shannon Kasley ’97 and wife, Amy, announce the birth of their second daughter, Emerson Elizabeth, on May 4, 2007 Jeffrey M. Sponder ’97 and wife, Ann Marie, welcomed a baby girl, Samantha Lyn, on November 5, 2006. Melanie Cradle Simms ’98 and her husband announce the birth of their daughter Sydney Morgan on October 6, 2006 Rosemary Gencarelli Vinitsky ’98 and her husband announce the birth of Jack Angelo Jr. on November 15, 2006 Thomas C. Humbert Jr. ’98 and wife, Kathleen Kalaher, announce the birth of their first child, Elise Kalaher, on July 3, 2005. Kevin and Lisa Walsh ’98 announce the birth of their daughter Miriam Seton on January 17, 2006 Brian A. Fiorello ’99 and his wife announce the birth of their son Anthony on January 17, 2006. Jeanne P. Lukasavage ’99 and her husband announce the birth of their son Jack Anthony on March 12, 2006. Jack joins older sister Gwendolyn, now 2. Donna V. ( Vigor) Payesko ’99 and husband, Rob, announce the birth of their daughter Anna William S. Peck ’99 and his wife announce the birth of their son Alexander William on August 19, 2006. Alexander joins

An Evening Out

(l-r) Erica Hernandez-Deluna, Anneris Hernadez, and Kenesha Brathwaite attend the 15th Annual Black Law Student Association’s Cocktail Reception at the Newark Club This year, BLSA honored Theodore J Wells, defense attorney for I. Lewis “Scooter ” Libby, with its Distinguished Practitioner Award. (See photo page 33.)

A Graduation Gif t for Seton Hall Law

(l-r) Upneet Teji, Student Bar Association President, Anthony Rapa, Christopher Clark, and Associate Dean John Kip Cornwell attend the Class of 2007 Graduation Gift Luncheon. A relatively new tradition at Seton Hall School of Law, each year ’s graduating class now presents a gift for the students who follow them The Class of 2007 purchased a closed-circuit T V system to help keep the law school community informed of events and activities at Seton Hall Law.

older sister Abigail, now 3 Cherilyn Guido Carlson ’00, her husband, and their two-year-old son Luke announce the birth of their twins Lindsey Rose and Logan Richard on June 1, 2006 Rupal Dalal ’00 and her husband Sonny, announce the bir th of their daughter Asha on Oc tober 9, 2005. Lillian Livoti-Burke ’00 and husband, Robert, announce the birth of their daughter Marisa Lauren on March 23, 2006. Carla (Palumno) Dorsi ’01 and husband, Matthew Dorsi ’01, announce the birth of their son Luke Alexander on May 8, 2007 Lauren (Makar) Haley ’02, and husband, Patrick, announce the birth of their first son, Caleb Patrick, on July 30, 2006.

Paul M. da Costa ’03, and wife, Stefanie Carwright ’03, announce the birth of their daughter Ava Elizabeth on May 16, 2006 Conway Lee ’05, wife, Michelle, and son Trevor announce the bir th of Evangeline Grace on November 24, 2006.

MARRIAGES:

W. Andrew Clayton ’87 to Jessica Lavely

Michael S. Simon ’95 to Allegra Toback.

Br yan P. Schroeder ’03 to Jacqueline Ann Labik

Rober t Marasco ’03 to Allyson Villano ’05

Mar tin Foncello ’05 to Nicole D yer ’04

Christine M. Lupinski ’05 to Jack N. Frost ’05

IN APPRECIATION

The Seton Hall School of Law community would like to recognize the contributions of several alumni, professors, and friends who recently passed away.

Barbara Coles Bolella ’79, a respected member of the Seton Hall Law community, passed away March 10, 2007 A specialist in family law, she ser ved as a super vising attorney in Seton Hall Law ’s Family Law Clinic before retiring in 1990. Daniel A. Degnan ’54, an instrumental figure in the growth of Seton Hall Law, passed away March 17, 2007 After graduating f r o m S e t o n H a

L

graduating class, he prac ticed law in Newark for several years before entering the Society of Jesus in 1958 He ser ved as Dean of Seton Hall Law from 1978 until 1983 and remained a member of the faculty until 1990. Paul R. Flynn, a dedicated alumnus of Seton Hall University and former development officer a t S e t o n H a l l L aw, p a s s e d aw ay J u n e 1 8 , 2 0 0 7 Born in the Bronx, he moved to Newark in 1994 to assist city residents. Among his many public ser vice

contributions, he helped to raise awareness about lead poisoning and organize Kids in Business and Volunteer Advantage Alexander J. Menza, former Superior Cour t Judge, State Senator, and Adjunct Professor at Seton Hall Law, passed away March 5, 2007. Judge Menza was credited by many for being a “voice of the voiceless” as he defended the rights of the disabled, retarded, and poor He also was a strong suppor ter of Seton Hall Law and a regular contributor t o t h e a n n u a l Pu b

Har vey M. Sklaw ’63, former Associate Dean and Professor Emeritus, passed away June 16, 2007 After earning his law degree from Seton Hall Law, Professor Sk law taught at the law school from 1965 until his retirement in 2001, and ser ved as Associate Dean from 1977-78. A memorial law scholarship has been created by his family and friends.

A

A L AW Y E R ’ S

R E S P O N S I B I L I T Y

By Jamie L. Schron ‘07

Even as a high school student, Marcus O Hicks ’03, Founder and President of YouthCollege Inc and Policy Advisor to Gov Jon Corzine, knew he wanted to study law

While growing up in Richmond, Virginia, he was a member of the debate team and student government “I enjoyed speaking on behalf of those without a voice,” he says “My mom was very supportive and always emphasized the importance of education ”

It apparently is a message he took to heart Not only did he pursue a quality education, he has helped to provide that opportunity for others. In 2003, he founded YouthCollege Inc , www youthcollege org, a thriving nonprofit organization dedicated to improving the lives of at-risk youth And in 2004, at the age of 25, he joined the governor’s office to advise on issues ranging from ethics to steroid abuse

As an undergraduate at the College of William & Mary, he was elected as the first African-American student body president After graduating with a bachelor’s degree in government and political science, the Virginia native set his sights north when it came time to attend law school

“I had heard of Seton Hall School of Law and the opportunities available to its graduates. On a visit to my cousin’s house in New Jersey, I made the decision to apply,” recalls Mr Hicks

During his time at Seton Hall Law, he participated in the Housing and Homelessness Clinic and served as editor of the Legislative Journal. Always looking to explore, he also chose to study abroad in Italy before finishing law school

“Taking the opportunity to go somewhere different and experience another culture is one of the best things I have ever done,” he says

BUILDING FOUNDATIONS

Mr Hicks explains that he was inspired to start YouthCollege Inc as part of a national leadership seminar in Chicago Once at Seton Hall Law, he and fellow law students Darlene Ramos, France Casseus, Kristina Trauger, and Zoila Casanova started YouthCollege “because there weren’t many organizations catering to the pre-professional development of at-risk middle school students ” YouthCollege helps young people to understand that the actions they take now are important for developing successful professional careers by involving them in workshops, career fairs, and even etiquette lessons “These are the things I wish someone would have taught me,” says Mr Hicks

The program initially targeted middle school students in New Jersey, but since has branched out to colleges and universities Mr Hicks’ hope is that YouthCollege will continue to grow and become available across the nation

Looking back, he recalls his original plan was to become a prosecutor He inter ned at the U S Attor ney’s Office in Washington, D C and the Legal Aid Society in New York Those

experiences, however, he says, helped him to realize that he could make an impact on society in other ways, too

“I wanted to serve the public in some capacity, but I didn’t necessarily want to be a prosecutor anymore I wanted to find a way I could reconcile my passion for government and law,” he says

A PERFECT COMBINATION

Subsequent to clerking for the Honorable Joseph Isabella, he began his legal career in state government in the governor’s office

“Honestly, I found the job on an employment listing Web site There was a post seeking a young attorney with a background in criminal justice and an interest in politics who didn’t mind commuting to Trenton everyday I sent my resume and a few interviews later, I was working at the governor’s office as policy advisor to former Gov Richard Codey ”

Having continued in that position under Gov. Corzine, Mr. Hicks explains that “being in the governor’s office is a unique experience because you have the opportunity to make a positive impact at the highest level of government ”

Possessing a strong commitment for government service, Mr. Hicks says he may even run for political office himself one day “There’s such a tremendous responsibility for those us of who have the privilege of serving in government. You have a chance to affect people’s daily lives – quickly,” he explains

In one of his first projects as Policy Advisor, he worked with Seton Hall Law Professor Paula Franzese and former New Jersey Supreme Court Justice Daniel O’Hern on improving ethics laws in New Jersey Together, they produced a set of recommendations that the governor signed and implemented – which Mr Hicks describes as a “tremendous achievement ”

More recently, he helped develop a program to prevent steroid use among high school students “We recognized that steroid abuse was a growing problem throughout the country and wanted to stop it before it worsened in New Jersey. I spearheaded a task force and drafted a report on the issue for the governor,” he explains As a result, New Jersey was the first state to mandate steroid testing for high school athletes

As he views it, part of an attorney’s responsibility is to give back and serve others “Being a lawyer means providing a service for other people – whether paying client, pro bono, or government service,” he says. “It is important to remember that we all have a responsibility to utilize our talents for the betterment of society ”

Jamie Schron ’07 received her B A in communications from Rowan University As a student at Seton Hall School of Law, she participated in the Juvenile Justice Clinic and served as a Research Assistant for the Office of Communications

CHAIR

William B McGuire ’58

VICE CHAIR

Michel F Baumeister ’72

MEMBERS

Louis J Andreozzi ’84

Frank A Bellis Jr ’82

Angelo R. Bianchi ’58

Reverend Monsignor Patrick E Brown

Maur y Car tine ’76

Christopher J. Christie ’87

Terence G Connor ’67

Ambassador Clay Constantinou ’81

Michael Critchley ’72

Diane J D’Agostino ’75

Joseph M DeCotiis ’94

Michael R. DeCotiis ’91

Patrick C Dunican Jr ’91

Kathr yn P Duva ’01

Carol L. For te ’84

Reverend Nicholas S Gengaro

John C Gibbons ’72

Bernard M. Har tnett ’55

The Honorable Katharine S Hayden ’75

Alfred F Jablonski ’66

Vivian Sanks King ’85

Alfred C Koeppe ’75

Peter N Larson ’74

Joseph P. LaSala ’72

Alfred J Luciani ’70

Kevin H Marino ’84

Daniel J. McCar thy ’87

Thomas M Nee ’73

James C Orr ’64

William J. Palatucci ’89

Michael J. Quigley III ’80

Ronald J Riccio ’71

Rober t G Rose ’74

Timothy G. Rothwell ’76

Joseph J Schiavone

John J Sumas ’00

Frank J. Vecchione ’64

James B Ventantonio ’64

Karol Corbin Walker ’86

Glenn Williams ’93

EX OFFICIO MEMBERS

Patrick E. Hobbs, J.D., LL.M.

Kathleen M Boozang, J D , LL M

John Kip Cornwell, J D , LL M

Timothy M. Donohue ’84

R Erik Lillquist, J D

Charles A Sullivan, LL B

Vicki B. Fleischer, J.D.

S e t o n H a l l U n i v e r s i t y S c h o o l o f L a w

A l u m n i C o u n c i l 2 0 0 7 - 0 9

PRESIDENT

Timothy M Donohue ’84

PRESIDENT-ELECT

Jodi Hudson ’96

SECRETARY

Mara Zazzali Hogan ’98

MEMBERS

Christopher D. Adams ’98

Victor A Afanador ’98

Brett M Anders ’97

Karen M. Baker ’97

Rober t Bianchi ’88

David V Calviello ’96

Paul A. Carbon ’95

John F Chiaia ’93

Frank De Angelis ’96

James F. Flanagan ’72

Mar tin J Foncello ’05

Deborah A Gabr y ’89

Laura Genovese ’00

Brandon C. Gruner ’05

James B Johnson ’96

Sandra L Lascari ’90

Rober t G. Marasco ’03

Melissa P Marschner ’99

John Michael McDonnell ’90

Karen Walsh Pappas ’94

Jacqueline C Pirone ’94

Gina M Pontoriero ’99

Cissy M. Rebich ’95

Frederic J Regenye ’95

Elaine Rocha ’98

Diane Ruccia ’94

Darren Rydberg ’99

Jonathan Samon ’04

Erin Scanga ’05

Shoshana Schiff ’98

Thomas P Scrivo ’89

John L Shahdanian II ’97

Terri R. Soaries ’97

Remi L Spencer ’02

Meredith K Stoma ’91

Charles J. Uliano ’74

Kevin G Walsh ’98