Seton Hall Law School Fall 2005 Magazine

Seton Hall Law FALL TWO THOUSAND AND FIVE • VOL. 7 ISSUE 1 News for Alumni and Friends of the Seton Hall University School of Law

DEFENDING THE RULE OF LAW IN GUANTANAMO

Calendar of Events for 2005-06

NOVEMBER TBD New Jersey Bar Swearing In Seton Hall Law School 3

7th Annual Young Alumni Night 7-9 p.m.

10

25th & 30th Year Reunions TBD 6-9 p.m.

OCTOBER 3

Supreme Court Swearing In U.S. Supreme Court, Washington D.C.

7

LEO Dinner, Pronto Cena Newark, NJ 6-9 p.m.

29

Admissions Open House 9 a.m. - 2 p.m.

FEBRUARY 11

Graduate Programs Open House 9 a.m. - 2 p.m.

MARCH 6-9 Health Care Compliance Certification Program

FOR MORE INFORMATION, CONTACT: Shannon Marcotte Assistant Dean for Alumni & Development (973) 642-8512 marcotsh@shu.edu fax (973) 642-8799 Deana Cynar Director of Alumni Relations (973) 642-8711 cynardea@shu.edu Christine Bland Director Law School Communications (973) 642-8724 blandchr@shu.edu We’d like to hear from you.

Please contact us at lawalum@shu.edu

Table of Contents Letter from the Dean . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Letter from New Alumni Council President . . . . . . . . . . . . . . . . . . . . . . . . . .3 No Prison Beyond the Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 The Haiti Rule of Law Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 The Case of Theresa Marie Schiavo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 A Myriad of Ways to Donate to the Annual Fund . . . . . . . . . . . . . . . . . . .24 Distinguished Graduate 2005 Christopher J. Christie, J.D. ’87 . . . . . . . .27 Merck Visiting Scholars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 Louis J. Andreozzi, J.D. ’84 Delivered Keynote Address at 51st Annual Commencement . . . . . . . . . . . . . . . . . . .34 New Faculty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 New Administrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 Class News & Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 In Memoriam: Seton Hall Law School Professor Peter W. Rodino, Jr, and former Seton Hall Law School Dean John F.X. Irving . . . . . . . . . . . . . . . .52

Letter from

THE DEAN The opening of this academic year marks my seventh year as Dean, and this issue of the alumni magazine is my favorite so far–it epitomizes the absolute best of our Law School. Our striking cover announces an article authored by a professor from our Center for Social Justice who is defending the civil rights of a Guantanamo Bay detainee. As I am sure you have read in the Washington Post and New York Times, Professor Baher Azmy has been to Gitmo three times to counsel his client. His representation is merely a small window into the work of our Center for Social Justice, which toils each day towards the fulfillment of the Church’s social justice mission.

Many of our faculty focus their scholarship and other activities on legal issues that intersect with Catholic teaching or are of special importance to the Catholic Church. The next issue of the Law School’s Legislative Journal will publish the papers that were presented at a November 2004 conference organized by Professors Angela Carmella and Stephen Lubben on Bankruptcies by Church Entities. Catholic teaching was also much discussed in relation to the treatment termination case of Terri Schiavo. Kathleen Boozang, Associate Dean of Academics and Professor of Law, and Carl Coleman, Director of the Health Law & Policy Program and Professor of Law, disentangle some of the issues implicated in the Schiavo case that became muddled in the media frenzy that occurred. Specifically, they seek to clarify Church teaching on treatment termination. Before joining Seton Hall, Dean Boozang represented Catholic hospitals, and wrote an amicus brief for the Missouri Supreme Court on behalf of several Catholic hospital sponsors in the case of Nancy Beth Cruzan.

Professor Coleman, a nationally known bioethicist, has just published his first book which focuses on the ethical and legal issues arising out of experimentation involving human subjects.

Seton Hall Law’s commitment to its social justice mission is increasingly global in its outreach. Seton Hall faculty and students accompanied me on Seton Hall’s second (with many to follow) trip to Haiti in February. Supporting what is now officially called the Seton Hall Rule of Law Project, students raised more than $4,000 for our sister-institution, the L’Ecole Superieure Catholique de Droit de Jeremie, a small evening law school in Jeremie, Haiti. The Haitian law school was founded 10 years ago by Archbishop Willy Romulus and Fr. Jomanas Eustache to achieve their vision that Haiti’s salvation lies in a commitment to the rule of law. Seton Hall’s efforts were initiated by Seton Hall alum Fr. Eugene Squeo, J.D.‘81, whose involvement in the Haiti Solidarity Network of the Northeast is part of his ministry to his Haitian parishioners in Jersey City. In a country where hope is in short supply, Fr. Jomanas and his students provide hope for a brighter future for the people of Haiti. We are proud to be a small part of their ministry.

Last Fall, I formed a Law School Board of Visitors to contribute to our vision for the Law School, to expand the opportunities we offer our students, and to assist us in developing the resources required to continue our climb toward becoming one of the nation’s top Catholic law schools. The Board has met twice, and has already become an important contributor to the advancement of Seton Hall Law’s mission.

This issue of Seton Hall Law gives a taste of what it is about Seton Hall Law School that makes me so proud to serve as its Dean.

I hope you enjoy reading this issue as much as I did. Comments and feedback are always welcome – feel free to inform me or any administrator at Seton Hall what’s on your mind. Until then, God bless you, your loved ones, and the Law School.

Patrick E. Hobbs

Dean and Professor of Law

Letter from New Alumni Council President Frederic J. Regenye Greetings Fellow Alumni, As the year progresses, so too do the activities and achievements of our great Law school. Let’s take a brief look back, and then jump ahead to see what’s in store for the future.

Several years ago, the Law School recognized the need for an organization specially designed to ensure that our most recent graduates would remain as active after commencement as they were before. That led to the creation of the Young Alumni Council, which has been so successful that it has now formally been made a part of the larger Alumni Council. One of the most well-attended events is the annual Young Alumni reunion, which is traditionally held in November and draws in excess of 200 of our best and brightest. Our alumni have now spoken again, and wish to develop an organization specially tailored for those graduates living and working in New York. This particular project is still in the nascent stages, but we expect positive news to report in the near future.

In keeping with the Law School’s need to expand and grow, Dean Hobbs has recently formed a Board of Visitors comprised of leaders in the legal and business fields to help spearhead future development. I am proud to be a part of this distinguished and involved group.

These are only the tip of the iceberg. There are so many projects, plans, and studies under way that it would be impossible to list them all in this limited space. But don’t take that to mean that we are not receptive to input. Quite the contrary – we would love to hear from the alumni as to what you would like to see next.

Dean Hobbs and the faculty and administration are unwaveringly committed to making Seton Hall one of the premier legal academic institutions in the country, but they cannot do it alone. Our alma mater needs each and every one of us to contribute in some way,be it financial, mentoring, volunteering for programs, or simply attending some of our many fabulous events. It is up to every one of us to demonstrate to the world that Seton Hall Law School is without peer. Become involved.

You will be glad that you did.

Onward and upward!

Frederic J. Regenye, ‘95

President, Seton Hall Alumni Council

No Prison Beyond the Law: Seton Hall Gets Involved Two Seton Hall Law School professors, Baher Azmy and Mark Denbeaux, each have been assigned as Counsel to two Guantanamo Bay detainees. Each professor is in a different stage in the process, and each professor has an interesting perspective to share. Their stories are recounted here. •

4

• Seton Hall University School of Law

Baher Azmy, Associate Professor of Law, Center for Social Justice

Professor Azmy compellingly related his experiences working with his client, Murat Kurnaz, a 22 year-old newly married man of Turkish ancestry who was born and raised in Germany. Azmy received his B.A., magna cum laude, with distinction in American History, from the University of Pennsylvania before pursuing a Master’s degree from Columbia University’s School of International and Public Affairs. He received his J.D. from the New York University School of Law, magna cum laude, where he distinguished himself as a Root-Tilden-Snow Public Interest Scholar and as a member of the Order of the Coif.

Professor Mark Denbeaux and his son, Seton Hall Law School alumnus Joshua Denbeaux, J.D. ‘94, were appointed Counsel to two Tunisian citizens who are prisoners in Guantanamo Bay. As of press date of this magazine, the two had never met their clients and were packing their bags to fly down to Guantanamo Bay. Professor Denbeaux received his A.B. from the College of Wooster and J.D. Seton Hall Law Professor Mark and his son, Joshua from New York University. Prior to teaching, he was senior attorney in Denbeaux Denbeaux , J.D.‘94. charge of litigation for Community Action for Legal Services of New York City. He was subsequently Chair of the Board of New York City Legal Services Program.

He has published numerous articles on evidence, constitutional law, civil procedure and remedies. He co-authored NEW JERSEY EVIDENTIARY FOUNDATION: NEW JERSEY AND FEDERAL RULES OF EVIDENCE (1995) and TRIAL EVIDENCE, CASES AND MATERIALS (1978).

He came to Seton Hall in 1972.

Joshua W. Denbeaux practices First Amendment Law, commercial and general litigation, criminal defense in the firm of Denbeaux & Denbeaux in Westwood, N.J. He also has a substantial appellate practice.

Fall Two Thousand and Five

•

5

•

Baher Azmy Gets Involved On the morning of April 20, 2004, John G. Gibbons, former Chief Judge of the Third Circuit Court of Appeals and Seton Hall School faculty member, rose before the nine members of the United States Supreme Court to deliver the memorable opening lines of the argument that would represent a crowning achievement of a remarkable 55year legal career. A group of seasoned lawyers had asked Judge Gibbons to brief and argue this case in the Supreme Court on behalf of Iqbal Rasul – a British citizen detained by the U.S. government at the U.S. military base in Guantanamo Bay, Cuba as a so-called “enemy combatant.”

They did so not only because Gibbons has uncommon expertise in the complex areas of federal jurisdiction, but also because, through his personal experience as a naval officer stationed after World War II at Guantanamo Bay and his senior, statesmanlike stature in the federal judiciary, he appears to embody the very fundamental principle he was asking the Court to recognize: the application of the rule of law.“Mr. Chief Justice and may it please the Court,” Judge Gibbons began.“What is at stake in this case is the authority of the federal courts to uphold the rule of law.”

Were the U.S. government to continue to act as if the detainees in Guantanamo Bay are entitled to no legal process whatsoever, on the theory that they are foreigners held outside U.S. territory, Judge Gibbons argued, “it would create a lawless enclave insulating the executive branch from any judicial scrutiny now or in the future.”

In its historic decision in Rasul v. Bush issued that summer, the Supreme Court agreed with Gibbons that this would be an unacceptable result. The Court held, 6-3, that the detainees had a right to challenge the lawfulness of their detention through a petition for habeas corpus – a writ described by Blackstone as the “great and efficacious writ in all manner of illegal confinement” and the “most celebrated in English law.” The Court reasoned that,

the federal courts to hear. A number of the nations’top law firms, including Covington & Burling, Sherman and Sterling, Clifford Chance and Wilmer Hale Cutler & Pickering, signed on to represent detainees. Gibbons also contacted me because I worked on many cases with the lawyers in the Gibbons Fellowship in Public Interest and Constitutional Law. I would represent detainee Murat Kurnaz, a then 22 year-old man of Turkish ancestry who was born and raised in Germany. I had no hesitation in agreeing to take on what I thought was a historically important case. I knew little about the facts in the beginning, but as a lawyer and constitutional law professor, I thought the very simple issue was obtaining the most basic access to due process so that Murat’s status could be fairly adjudicated consistent with years of U.S. practice, and not determined merely by executive or military fiat. As an American of Egyptian descent, I also thought it critical to demonstrate to the world, particularly the Muslim world, that the United States would uphold its commitment to freedom, democracy, and honesty.

Because Murat had been held incommunicado in Guantanamo Bay since about January 2002, I could not get his consent to file a petition on his behalf. Instead, I filed on behalf of Murat’s mother, Rabiye Kurnaz, who served as his “next friend” and was able to represent that she believed that he would want to challenge his detention. In his habeas corpus petition, Murat alleged that he was not an “enemy combatant” because he had never entered Afghanistan or intended to, never held a weapon or made any threats against the United States or its allies – allegations later confirmed to be true by Murat and the U.S. government itself. Also because he was not afforded any process to challenge the government’s classification of him, the petition claimed that his detention violated the due process guarantees of the U.S. Constitution, international treaties such as the Geneva

“ON THE SECOND DAY, I BROUGHT COFFEE...BECAUSE I KNEW [MURAT] WAS TURKISH... because Guantanamo Bay was within the “exclusive jurisdiction and control” of the government – making it in all practical respects, U.S. territory – detainees held there have the “right to judicial review of the legality of the Executive Detention” imposed upon them. The decision was lauded by lawyers and legal scholars, not so much because of its technical treatment of complex questions of federal court jurisdiction, but for its essential premise: under a constitutional system such as ours, the government cannot create a space completely unrestrained by the rule of law.

Immediately after the Rasul decision was handed down, lawyers at Gibbons, Del Deo, working with lawyers from the Center for Constitutional Rights in New York, attempted to find counsel for a number of detainees for whom relatives abroad had sought assistance, in order to file petitions for habeas corpus that Rasul had required

•

6

• Seton Hall University School of Law

Convention, and U.S. military regulations which require a speedy and reliable determination of a prisoner of war’s status. After filing the petitions, I, and other lawyers for detainees, prioritized meetings with our clients in order to understand the circumstances that led to their detention and also to find out about their mental and physical health – a substantial concern based on the length of their incommunicado detention in reportedly harsh conditions.

But getting to Guantanamo was no easy task. All lawyers working on the case had to obtain “top secret” security clearance, which took approximately eight weeks. The government lawyers also contended that, despite the Court’s ruling in Rasul, the detainees actually enjoyed no right to counsel; as a result, the government maintained it could prohibit lawyer access to detainees and fully monitor all lawyer-client communications. After a federal court rejected the government’s argument, I made plans

to visit my client in Guantanamo in early October 2004; I was the third civilian lawyer to visit the base.

Gitmo: A Strange, Isolating Place I touched down in Guantanamo, best described as strange and isolating, on October 9, 2004, after taking a chartered flight by a militarily contracted civilian airline from Ft. Lauderdale. Guantanamo is on the island of Cuba, obtained in 1903 through a perpetual lease from the then-friendly Cuban government. Though Fidel Castro’s government does not recognize the legitimacy of Guantanamo, the U.S. still dutifully sends Castro a rent check for use of the island reportedly in the amount of $450 a month which he, in turn, dutifully refuses to cash.

The island was once a sleepy military outpost. After the conflicts began in Afghanistan,however,the military decided to transform it into a detention and interrogation center for prisoners of the war and other terrorist suspects; it is now extremely active – populated by thousands of military personnel,contractors and workers servicing those personnel and, of course, by hundreds of foreign detainees. The U.S. now holds approximately 550 persons in detention there as “enemy combatants,” though many hundred others have passed through before and have either since been released by the military or, in some cases, still kept in what human rights groups claim are secret detention facilities there or in other parts of the world.

I was assigned a military escort around the island, who was a wonderful guy, but very chatty. At the mess hall breakfast on the morning I was to meet Murat Kurnaz, the Marine Sergeant wanted to talk about everything under the sun, while I was incredibly anxious about what I would say to someone who had not had any non-military human contact for three years and, for all I knew, would want nothing to do with me or the legal process.Twenty minutes after breakfast, we were standing in front of Camp Echo, in

to get some kind of proceeding for him where we could see and test whatever evidence the government had against him. Murat had absolutely no idea that any one knew he – or Guantanamo itself – existed; he assumed no one knew or cared. At the conclusion of my introductory explanation, he simply said, “this is good” and agreed to my representation.

The first day with Murat, I chose not to talk about the facts surrounding his case, electing instead to spend hours telling him about how Murat’s family was doing, my own life, and all that had been happening regarding the case, all in order to develop some trust, which I thought would be a real issue. On the second day, I brought coffee with me, because I knew he was Turkish, with lots of sugar, and apple pies from the McDonald’s base into our meeting. He was very grateful. He hadn’t had a cup of coffee in three years and said the pies reminded him of his mother’s. On the second day of our meeting, Murat told me everything that had happened, which is exactly what he had been telling his interrogators for three years.

Here is his story: Around age 18, Murat had become increasingly religious, shunning his family’s more secular brand of Islamic practice, for one more devout and rigorous. In the summer of 2001, he married a young woman in Turkey, who was herself very religious. Plans were being made to bring her to Germany to live with him and his family by December 2001. In the meantime, Murat wanted desperately to learn more about Islam, specifically how to pray and read the Koran in Arabic. He and a friend carried out a long-considered plan to study for a few weeks in Pakistan, where they could work inexpensively and intensively. They traveled to Pakistan in October 2001, a plan Murat now admits was unwise, but at the time didn’t concern him. He joined up with a large missionary group in Pakistan, one that is well known to be

. HE HADN’T HAD A CUP OF COFFEE IN THREE YEARS.” – BAHER AZMY, PROFESSOR OF LAW the blazing sun, with the sound of military practice rounds in the background, awaiting to enter a military sanctum only two civilian lawyers had previously seen. Camp Echo houses detainees during the time in which they have lawyer visits. Unlike Camp Delta, where most detainees are housed, in Echo there was a small table and two chairs just outside the 5.5' x 8' cell. When I entered the room, Murat was sitting down, his feet were chained to each other and to a bolt in the floor; I had requested that his hands be left unchained.

I sat across from him, shook his hand, and introduced myself. In three years, I was the first person with whom he spoke who wasn’t an interrogator or MP. I spent the first couple of hours trying to explain how I got there – how his mother had hired lawyers in America, how she’d been fighting for him in the German and American media, how we filed legal papers on his behalf, and how we were trying

completely peaceful and apolitical. In about November, he was on a bus full of Pakistanis on his way to the airport to return home, when police pulled him off at a routine bus stop, asked him questions because of his obviously Western complexion and dress, and finally detained him.

After some time, the Pakistanis turned him over to the American military for what I suspect was a financial bounty.

Murat was taken to a military base in Afghanistan, where he was interrogated – and badly abused – for several weeks, before being transferred to Guantanamo.

Murat, before his detention at Guantanamo.

The Government’s Legally Insufficient Evidence Against Kurnaz Soon after I returned to Newark, the government filed with the court the unclassified basis for Murat’s detention – a document which purported to meet the requirement of providing a “factual return” to Murat’s habeas corpus’ petition. This was a historic development because in three years the government had never proffered any reasons for any detainee’s detention. I was quite stunned by the allegations. They ranged from astonishingly tangential to genuinely absurd. There was no allegation that Murat ever entered Afghanistan or intended to, ever took up arms against the United States or intended to, or even communicated with anyone who is specifically connected with Al Qaeda or any terrorist group. Instead, the government claimed that Murat received “food and lodging” from the missionary group he admittedly traveled with, which the government believed had at some point had some members who supported groups hostile to the United States.Second, the government claimed that Murat’s friend in Germany, Selcuk Bilgin, with whom he planned to travel, had “engaged in a suicide bombing.” This last charge has become quite an embarrassment to the government,because as newspapers such as the Wall Street Journal, Washington Post and New York Times, have repeatedly reported, Bilgin is alive and well in Germany. We asked the prosecutor in Bremen about this allegation, and he responded that he never heard of such a thing and that he had fully investigated Bilgin and Murat after Murat’s apprehension and concluded that there was no evidence connecting either of them to any terrorist groups or activities.

All the classified evidence against detainees with pending habeas petitions was held in a secure, secret facility near Washington, D.C. I traveled there in November to review Murat’s classified file. I couldn’t believe what I was reading. His file had virtually nothing to incriminate him. It simply corroborated his own story, demonstrated that he had no political sophistication or sympathy for terrorism and, most astonishingly, included a number of conclusions by military officials that actually completely exonerated him. It was nearly impossible to keep this to myself. But, because of security restrictions, I could not tell the specifics of what he had learned to my clinic students working on the case or even to Murat’s German co-counsel.

However, there were procedures in place that allowed the federal district judge managing the consolidated detainee cases to see both the unclassified and classified evidence against Murat.

On January 31, 2005, one day after I returned from my second visit with Murat, that judge, Judge Joyce Hens Green, issued a lengthy legal opinion. In spite of the Court’s holding in Rasul, the government had to dismiss the numerous Guantanamo habeas petitions once again.

Judge Green denied that motion, holding because the Rasul Court concluded that Guantanamo was U.S. territory and the detainees had the right to file habeas petitions, the detainees possessed basic due process rights to challenge those detentions.Those rights included the right to counsel, the right to see or have counsel see all of evidence against

•

8

• Seton Hall University School of Law

them, and the right to an impartial decision-maker, all of which she concluded were seriously disregarded by the process that the government had instituted in a purported attempt to comply with Rasul.

Remarkably, in an opinion dealing with 11 consolidated habeas petitions on behalf of 55 Guantanamo detainees, Judge Green spent a great deal of time discussing Murat’s specific case, perhaps recognizing it to be one of the most egregious examples of the flawed processes at Guantanamo. She held that, even if all the unclassified allegations against Murat were true, they are insufficient as a matter of law to detain him as an enemy combatant.

In so doing, she placed limits on the otherwise unfettered discretion of the executive to determine who can be designated an enemy combatant. Presumably unaware that Bilgin did not, in fact, ever engage in any suicide bombing, Judge Green, nevertheless, concluded that Kurnaz could not be detained for a friend’s actions he concededly had no part in. She noted that there was no evidence that Murat “planned to be a suicide bomber himself, took up arms against the United States or otherwise intended to attack American interests. … [or] to establish that his studies [in Pakistan] involved anything other than the Koran.” She thus concluded that, the U.S. government is holding Murat, “possibly for life, solely because of his contacts with individuals or organizations tied to terrorism and not because of any terrorist activities that the detainee aided, abetted, or undertook himself.”

Judge Green also reviewed Murat’s classified file in detail and agreed that the file actually tends to exonerate him.

She cited to no less than five statements in his classified file that demonstrate that the U.S. military itself has concluded that Murat has no connections to Al Qaeda, the Taliban or other terrorist groups. For example, as has been now widely reported, military intelligence concluded, that it “is not aware of any evidence that Murat has knowingly harbored any individual who was a member of al-Qaida or who has engaged in, aided or abetted, or conspired to commit acts of terrorism against the U.S., its citizens or its interests.” And, that “The Germans confirmed that this detainee has no connection to an al-Qaida cell in Germany.”

My students and I were exhilarated with the reach of the decision. As the students suggested, this changed the theory of the case from one demanding a fair adjudication of Murat’s status to one that emphasized the innocence of our client and unjustness of his detention. We began preparations for a summary judgment motion, demanding our client’s release. We knew the government had no other evidence it could present, so the logic of the Green opinion suggested he had to be released. Before we could finish, however, the government successfully sought a stay of the decision pending appeal to the D.C. Circuit Court of Appeals.

Making the Case through the Media and Diplomacy Since the judicial stay left the Center For Social Justice temporarily without legal recourse, we moved ahead simultaneously on diplomatic and media fronts. Armed

Professor Azmy, seated, far right, is pictured here with, seated, Art Ownens; standing, from right, are Jessica Yager, Faculty Fellow; Allyson Villano, J.D. ’05; and Kathleen Hirce, J.D. ’05.

with comprehensive briefing books prepared by clinic students, I attended meetings with diplomatic officials in the German and Turkish embassy, neither of which was terribly successful. The German Embassy was very interested in Guantanamo in general because Germany has a strong opposition to its existence, but refused to act diplomatically on his behalf because technically he is a citizen of Turkey. The Turkish officials recognize they have a formal obligation to receive Murat if the U.S. releases him, but seemed remarkably uninterested in arguments about international law and human rights violations committed against one of its citizens. I also traveled to Germany to conduct a series of very well-attended press conferences there and meet with high-ranking government officials in the parliament and foreign ministry. I left with some lukewarm promises to approach the United States directly or in cooperation with Turkey to inquire about Murat.

Though my trip was certainly helpful, it confirmed my instinct that only the American media could impact my client’s case. I pitched my client’s story to a number of major newspapers, suggesting that Murat’s case provided the most complete factual picture of any of the remaining Guantanamo detainees and raised very disturbing questions about Guantanamo itself. I knew Murat’s case seriously undermined the government’s claim that Guantanamo only houses the “worst of the worst” or that the military should be completely insulated from any scrutiny of their practices. On Easter Sunday, the Washington Post ran a front page, above-thefold story about Kurnaz, documenting the substantial evidence – from U.S. and German intelligence – that Murat has no connection to terrorist groups. The article was very embarrassing to the government because it made clear what we had been saying for several months: not only is Murat innocent, the government actually knows it. Yet, he is now starting his fourth year of detention. In June the New York Times ran a lengthy feature about Murat’s case, tracking down evidence in Germany that demonstrates he had no connection with terrorist groups there. Murat’s case has also received prominent attention in New York Newsday, the Boston Globe and the Miami Herald.

No Ordinary Clinical Case In all of the Seton Hall clinics, students work on real cases on behalf of live clients, and the clinics in particular emphasize giving students substantial decision-making authority over their cases, developing a personal relationship with a client, doing intensive factual investigation and handling all court appearances. In this case, however, students lacking the required top secret security clearance obviously could not meet with the client or even see all the evidence against him; they also are not permitted to appear in the District of Columbia, where this case is located. Nevertheless, the students participated fully in decision-making, drafting sections of briefs for the consolidated opposition to the motion to dismiss, drafting a successful preliminary injunction motion to preclude their client’s rendition to a third country possibly to face torture, and the dozens of letters, briefing books, press releases and untraditional advocacy documents that have given this case the pronent international stature it currently enjoys. The students considered this a remarkable, once-in-a lifetime experience.

“It was fascinating to work on a case involving Guantanamo Bay, a place at the forefront of controversy in the media worldwide,” said Dana Citron, J.D.‘05, one of the students working on the case. “Since the issues involving detainees’ rights are novel and unclear, it was exciting to see the law unfold before our eyes in the courts, albeit slowly, and to be a part of shaping the law in this area.

Working on Murat’s case was an extremely gratifying experience; I only hope that one day I’ll be able to meet him in person.”

Turning A Corner?

As Murat started his fourth year of detention, Congress has taken a serious interest in the detention facilities in Guantanamo, with numerous members of both parties of Congress recommending an independent commission to review the legal processes employed there and to investigate increasing allegations of abuse that have been surfacing. I believe this attention is important.

Transparency is crucial to democracy, even more so at a time when we are trying to convince hesitant states, particularly in the Muslim world, to open their own societies and adopt democratic reforms.

As of the time this magazine went to press, I was preparing for my third visit to Guantanamo, despite the very serious obstacles my students and I are facing during the course of this litigation. I remain optimistic. After I returned from my first visit, we received the government’s factual return, which proved the government had no evidence against Murat. After I returned from my second visit, Judge Green issued her opinion ruling that Murat’s detention was essentially unlawful. After I return from my third visit, I hope to learn that Murat can go home.

Fall Two Thousand and Five

•

9

•

… And the Caboose Picks Up Steam Professor Baher Azmy has described the Guantanamo Bay litigation from the Supreme Court litigation to the present. We are not addressing those issues because we joined the “Guantanamo Bay Bar Association” long after he did and also after others have completed much of the hardest work. We view ourselves as the caboose to Professor Azmy’s locomotive.

Professor Azmy has been to Guantanamo repeatedly and has traveled widely on behalf of his clients. We have only now been granted security clearance so that we can meet with our clients.

Our pressing issue is how to create the attorney client relationship during our first client visit. The issue is one all lawyers confront but not usually with the difficulties faced by lawyers for Guantanamo prisoners.

“WE MUST TRY TO DEVELOP TRUST THROUGH PEOPLE SKILLS, HONESTY,

A little background may help to place the upcoming visit and the issue of attorney client representation in context.

Perhaps the most counter-intuitive feature of our attorney client relationship is that none exists now. We have never met our clients. We claim to be representing clients who are unaware of our efforts on their behalf and who have not retained us. How can this be? The answer is: our clients have a right to a lawyer but to date have been prevented from making any communications that would enable them to obtain legal counsel. In essence, the government is estopped from objecting to lawyers representing Guantanamo inmates before the lawyers have been allowed to meet with their clients.

We know nothing about our clients except that they are both reported to be from Tunisia. We do not know where they were arrested, why they are being held, what the basis for their imprisonment is, what languages they speak, and how educated they are.

One might expect that representation of Guantanamo prisoners would be dramatic and interesting. Certainly, we did. To date, our experience has been anything but dramatic. Instead it has been frustratingly slow and burdensome.We filed the habeas corpus petition in March and several other motions in April and May, and the Court ordered the government no to render our clients (i.e., remove to another country) without 30 days’ notice to us.

We have now received security clearance and signed the necessary protective orders. This is no small achievement.

We spent May and June seeking security clearance.We now have “secret”security clearance, which is required before we can communicate with our clients. We have also sent letters of introduction to our clients – in English and Arabic. We do not know if our letters of introduction will be received by our clients before we arrive.

• 10 • Seton Hall University School of Law

The government procedures to protect the information that we might receive from or pass on to our clients are intricate and burdensome. For example, all letters to our clients must be reviewed for security purposes at a secure government facility before being sent on to our clients.The same will be true when our clients communicate with us.

So far, most of our time has been spent coping with the security restrictions because of the government’s claim that the prisoners held at Guantanamo are a threat to national security. For instance, when the two of us need to discuss the case, we must do so only in a locked room, and we must not use the same room for consecutive meetings.

Each time we meet to consult, we must shift from one locked room to another.

Our clients, during their years in Guantanamo may have been (and may still be) interrogated as often as once a day

by CIA or Military Intelligence. Such interrogators use a variety of guises. Sometimes the interrogators are disguised as members of the International Red Cross and portray themselves as friendly, trustworthy sources of assistance.

Unfortunately, the interrogators have also impersonated American lawyers and have claimed to be interviewing the prisoners to assist them with their defense. With this background, how does an attorney begin to prove that he is a detainee’s lawyer?

Building trust is always crucial for lawyers, but in this case the difficulties are especially great. Putting aside the problems caused by interpreters and location, what about people who are unaware of the most basic principles of the role of lawyers, our obligations of confidentiality and the adversary system? Worse, trust must be built in a limited time. Our first visit to Guantanamo will be five days, from start to finish, but the actual time with each client will be only one and one half days. We believe, but do not know, that our clients speak Arabic and not English. For that reason, we must bring an interpreter with us. Our interpreter is a Unitarian minister, who learned Arabic as a translator for the Air Force!

Assuming we can convince our clients that we are their lawyers and not government interrogators disguised as their lawyers, what do they expect from their lawyers? It will be difficult to bridge deep and wide cultural, religious, and political divides through interpreters during a dayand-a-half meeting with each of our clients.

How can we overcome these obstacles? Here is what we cannot do. We have to avoid all appearances of

So what to do? We must try to develop trust through people skills, honesty, openness, and some degree of intimacy. Trust is built by human interaction over time. We anticipate the only safe beginning with our clients is to talk about who we are. We are father and son. We have families (children and grandchildren). One of us is a lawyer in private practice, and one is a law professor. In addition to personal communications about families, we may be able to talk about cases we have been involved with if

OPENNESS, AND SOME DEGREE OF INTIMACY.” - MARK AND JOSHUA DENBEAUX

interrogation.We need to convince our clients that we can, and will, help them. Once we are trusted, we can discover what our clients really want and what they know and what other information they might need. Some inmates have begun to appreciate, in a rudimentary way, the role of American lawyers. Other prisoners are discouraged because their lawyers have accomplished so little for them to date. Some prisoners have become so impatient and discouraged that they have lost confidence in the benefit of being represented by lawyers.

Those prisoners who understand the role of lawyers in our adversary system do not understand why our legal process is so slow. Just try to imagine the conversation that we will have with our clients trying to explain why, after the Supreme Court said that they were entitled to a day in court, two lower courts cannot agree on what that day in court actually means.We do not look forward to explaining to our clients that due to the disagreement between two lower courts about what kind of day in court they are entitled to, that their cases are stayed pending Court of Appeals answer to that question. We have to advise them that whatever the Court of Appeals decides should be their day in court, they will not receive it until the decision is returned to the Supreme Court so that the Supreme Court can explain what it meant in its first decision.

doing so will help to explain our legal system. We do not know much about our clients’ culture and history, but we have had the assistance of former members of the foreign service who served in Tunisia. They have given us some knowledge and some insights that might assist us to begin a dialogue after our introduction.

We have been advised that we should bring some appropriate food to share with our clients during our meetings. One suggestion is to find the kind of food that they might favor and to bring with us each day as much as they can eat. All indications are that food provided to them is horrible.

Indeed, as we plan our visit, some prisoners are reported to have begun hunger strikes. Hopefully, our clients will accept food.

We are currently researching Tunisian cuisine.We are limited because whatever we take with us cannot be perishable.

So far, we have found little besides nuts and dates. Dates and nuts seem trite, but they may be the only choice. We can and will bring coffee each day in a thermos (with a great deal of sugar ).The coffee and sugar can be obtained at the base each morning. Dates and nuts, etc., must be brought from the mainland. We are not allowed to leave food with our clients, so each day we must bring back what has not been eaten.

Everything seems vague and uncertain as departure approaches.Nothing we have thought of seems imaginative, only obvious. Yet that is all we have at this time. Hopefully, we will learn form this visit so that our second visit will be more productive.

Seton Hall Law Professor Mark Denbeaux and his son, Joshua Denbeaux , J.D.‘94.

Fall Two Thousand and Five

• 11 •

The Haiti Rule of Seton Hall Law School students and faculty

Pictured here, from left: Church that doubles as a school; Haitian Law School class in session; Dean Hobbs with Seton Hall Law School faculty and students.

• 12 • Seton Hall University School of Law

Law Project strengthen a relationship with a Haitian law school

Several years ago, Seton Hall Law School developed a relationship with L’Ecole Superieure Catholique de Droit de Jeremie, a small evening law school located in Jeremie, Haiti. The school was founded 10 years ago by Archbishop Willy Romulus and Fr. Jomanas Eustache. Both Fr. Jomanas and Bishop Romulus share a belief that Haiti can emerge from its poverty and endless cycles of political violence only by establishing a much greater respect for the rule of law.

Seton Hall began its support of the Haitian law school after one of our alum, Fr. Eugene Squeo, J.D. ’81, visited the school through the Haiti Solidarity Network of the Northeast.

When he returned, he urged Seton Hall to get involved. “We began by sending books for its library as well as other supplies,” said Dean Patrick E. Hobbs. “Two years ago, I made a trip to the school along with Professors John Kip Cornwell, Baher Azmy and Lori Nessel. We delivered lectures on Constitutional Law, Criminal Law, Immigration Law and Taxation. All of us came away inspired by what we saw taking place in Jeremie – students literally walking miles to class, at a great financial sacrifice for their families, all in order to learn the law.”

Fall Two Thousand and Five

• 13 •

This past Spring, five students were selected based on essays detailing their interest in the Haiti Rule of Law Project. After several months of meetings, and a very successful fundraising effort, the students, three faculty members, and the Dean departed Seton Hall Law School with 10 cartons of supplies for Port-au-Prince. Jeremie, however, is a long way from Port-au-Prince, and the group arrived late in the afternoon. After dinner at the restaurant of a law student’s family, it was on to the law school for the first lectures. Professor Cornwell delivered a lecture on criminal law and third-year law student Eric Magnelli recounted his time as a U.S. Marine stationed in Haiti and Cuba.

The Seton Hall delegation also visited the Palais de’ Justice, where both teachers and former students from Jeremie’s law school were hard at work providing the rule of law. The ever-present threat of violence was also evident. A judge told of shots fired outside his house the night before. A bag of M-16 shells sat on his desk – a reminder of the risks involved in promoting the rule of law. Later that afternoon, the group visited a dilapidated church that now serves as both Fr. Jomanas’ church and a grammar school outside Jeremie. The school was also started by Fr. Jomanas in order to provide access to education for children in his parish.

In the evening, one lecture focused on creating a fairer tax system for Haiti, where most view the tax system as more benefiting the wealthy elite rather than the general

A Haitian Policeman stands at attention.

population. Akinyemi Akiwowo, J.D. ’05 discussed his representation of an 87-year-old client at the Center for Social Justice, who had to file for bankruptcy.

The group’s last day in Jeremie provided an opportunity to view the conditions of Haiti up close. Accompanied by a member of the Jeremie law school’s faculty, the students walked through the city of Jeremie witnessing scenes of both poverty and industry. They also visited the prison.

Later that evening, the talent and commitment of Seton Hall Law students was again on full display. First, Danielle Franken and Michael Welch presented computer equipment and supplies, all paid for with funds raised by the students of Seton Hall Law School. They discussed the need for the students in Haiti to create their own student organizations to help the school progress.

Professors Kevin Kelly and Anjum Gupta described Seton Hall’s Center for Social Justice. They were followed by Elizabeth Merry Condon’s discussion of her experience representing a victim of sexual harassment.

“The students and faculty did a wonderful job throughout our stay, not only through lectures and discussion but also through the many one-on-one conversations — the expressions of support — the encouragement to continue,” said Dean Hobbs. “That night we sat out on the porch of the Eveche, our home during our stay in Jeremie, and all agreed - Haiti is a remarkable place and the law school in Jeremie is a remarkable endeavor.”

“It is difficult to prepare yourself for the devastation and extreme poverty you are certain to witness on a trip to Haiti. Still, I had told myself before I left to expect the worst.What I was not prepared for was the incredible spirit and resilience of the Haitian people, even in this time of political and economic upheaval. The students, activists, government officials, attorneys, and judges with whom we met each conveyed an intense drive to seek justice and peace and to work to build a government that all Haitians could trust to protect them and their interests.

Although countless individuals and organizations in the United States work to achieve similar goals, I was struck by how much more difficult that pursuit would be working in conditions of limited resources, extreme poverty, and daily violence. I will miss the sights, smells and sounds of Haiti dearly, but, above all, what I have taken away from this trip is a deep appreciation for the perseverance and optimism of its people.”

— Anjum Gupta, Faculty Fellow, Center for Social Justice “From the first time I contacted Dean Hobbs about the possibility of traveling with the next group to Haiti, I tried to come up with ways that we could help while we were there.

Unfortunately, the truth is, it works out a little bit backwards. Now that I am back, I have a solid appreciation and understanding for what the students in Haiti need that I could not have possibly had before I went. This realization speaks most to why the Haiti Rule of Law Project holds such an important place in our hearts. By forming the Haiti Rule of Law Project, students and professors can pass on their experiences in order to make each trip more effective than the last. I strongly support the continuation of this initiative because I have had the experience necessary now to visualize what it can become and what we can achieve. I hope I am able to pass my experiences on to those who will follow so that they can continue to help restore the rule of law in Haiti. I will make every effort to return to Haiti as it will always hold a special place in my heart.” — Danielle D’Onofrio, J.D. ’05

“When I look back to the trip, I think of reciprocity. The main purpose of our trip was outreach, so I did not expect to learn as much from the students and the people of Jeremie as I actually did. Our time there was a reaffirmation of the importance of the rule of law, and, more importantly, the humanity that is central to the practice of law. The time that we spent there taught us that we, as American students, have just as much to learn from the Haitian students as they do from us, and I am grateful to have been able to experience that first hand.”

— Akinyemi Akiwowo, J.D. ’05

“Seton Hall Law’s two visits to Haiti are just the beginning. The Haiti Rule of Law Project can be an influential catalyst for the greater New Jersey, New York legal communities’ involvement in strengthening respect for the rule of law in Haiti. Lawyers can end the indifference that has left Haitians forgotten in “the mud and the blood.” Haiti has a constitution and elections are held, but one essential ingredient is missing: the rule of law. Without it, there is no hope that individual liberties and basic human rights will be respected. Establishing liberal democracies is not easy work. But lawyers have the expertise to shape attitudes and cultivate an environment where conflict is resolved peacefully and fairness prevails. I hope that the NJ/NY legal community will respond to this moral calling and, in turn, show the world that the U.S. is not indifferent to people struggling to create a liberal democracy in our own backyard.”

— Elizabeth-Merry Condon, J.D.‘05

Fall Two Thousand and Five

• 15 •

An arial view of the city of Jeremie, Haiti

“From my first moments at ESCROJ, I was struck by the zest for learning these students share. Even though some journey up to two hours each way in the dark to attend classes, none complain. On the contrary, they consider themselves lucky to have the opportunity to participate in the program. In completing their studies, the students also faced challenges incomprehensible to American law students. They lack even the most basic supplies: paper, pens, computers or even typewriters. But again, none complain. They are grateful for the chance to improve themselves, their community and the lives of those around them.Their optimism and positive attitude in the face of severe hardship are truly inspirational.” — Kip Cornwell, Professor of Law, Seton Hall Law School “When I am asked ‘What do you expect to accomplish?’ my answer is a little ideological. But as long as we can lay a foundation on which others can build, there is no reason why our efforts cannot assist Haiti’s future lawyers to bring the rule of law to their country.” — Eric Magnelli ’06

“My experience in Haiti taught me the importance of having trust in the law. Whether it be social law that governs relationships between neighbors or the official laws that govern a country, without trust in that system, it is very hard to build a society. Haitians don’t trust that justice will be served, so they take the law into their own hands. Our support of the law school in Haiti is long term. But none of this transformation can start until there is a respect for the rule of law.” —Michael Welch ’06

“Having closely followed the daily events in Haiti following Aristide’s removal from office, I was well aware of the dangers of traveling there, particularly on the one-year anniversary of the coup. However, the time I spent in Haiti was truly exhilarating. Among many other things, I was deeply moved by Father Jomanas and the law school community in Jeremie, who struggle against all odds to fulfill their worthy mission of promoting the rule of law in Haiti. The people of Haiti have much to teach us about humility, compassion and perseverance, and most of all, about having a true commitment to spreading peace and justice throughout the world.” — Kevin Kelly, Professor of Law, Center for Social Justice • 16 • Seton Hall University School of Law

“No one can ever forget the first images of Haiti. It is the poorest country in the Western Hemisphere and no matter how much you prepare yourself, the sights of decay and poverty are stunning. It is not a society on the verge of collapse; it has long passed that point. The wealth of the country is concentrated in the hands of less than 200 families. For more than 90 percent of the population, every day is a struggle for survival.”

– Patrick Hobbs, Dean and Professor of Law, Seton Hall Law School

Danielle D’Onofrio shows her camera to a group of awe-struck students.

Fall Two Thousand and Five

• 17 •

Kathleen M. Boozang

Schiavo

THE CASE OF THERESA MARIE

Carl H. Coleman

The Florida case of Theresa Marie Schiavo presented the opportunity to tutor the American public on the medicine, ethics, law, social policy, and Catholic teaching that guide decision-making about the termination of life-sustaining medical treatment. Unfortunately, the case turned into a media event for so many agendas that it ended up exacerbating people’s confusion about these issues, and violating the dignity and privacy of all of the involved parties. At Seton Hall Law School, Dean Kathleen Boozang, Professors Carl Coleman and Edward Hartnett collaborated to provide students and faculty with a contemporaneous explanation of law, medicine, and Church teachings relevant to the dispute.

Subsequently, Professors Boozang and Coleman, who are both part of the Law School’s nationally ranked Health Law & Policy Program, committed their insights to writing for SETON HALL LAW. While in practice, Dean Boozang represented Catholic hospitals, and wrote an amicus brief for the Missouri Supreme Court on behalf of several Catholic hospital sponsors in the case of Nancy Beth Cruzan, a young woman in a persistent vegetative state whose family wanted to remove the feeding tube that was keeping her alive. Before joining the Seton Hall faculty, Professor Coleman was the Executive Director of the New York State Task Force on Life and the Law, during which time he became nationally known as an expert on bioethical issues.

All of the Church documents discussed in this article can be found on the Web pages of The Holy See, United States Catholic Conference of Bishops or Catholic Health Association of the United States.

This discussion also draws from an article by Daniel Sulmasy, M.D., O.F.M., which recently appeared in the JOURNAL OF LAW, MEDICINE & ETHICS, and a timeline of the Schiavo case located at http://www.miami.edu/ethics2/schiavo/timeline.htm, which provides links to all of the judicial decisions in the case.

• 18 • Seton Hall University School of Law

Theresa Marie Schiavo suffered a cardiac arrest in February 1990. Her husband, Michael Schiavo, was appointed her legal guardian, and successfully withstood an attempt to remove him in 1993 when his relationship with Theresa’s parents, the Schindlers, deteriorated. Despite years of aggressive therapy,including experimental “brain stimulator” therapy pursued by Michael Schiavo in California, doctors repeatedly diagnosed Ms. Schiavo as being in a persistent vegetative state (PVS), the same diagnosis as Karen Ann Quinlan and Nancy Beth Cruzan. The legal dispute about Ms. Schiavo’s care arose when her parents opposed her husband’s 1998 petition to discontinue her feeding tube.

In 2000, Judge Greer issued his first order allowing the termination of Ms. Schiavo’s tube feeding. Many, many legal motions later, Ms. Schiavo died on March 31, 2005.

It is important to understand that there are very few patients in PVS; most patients who require mechanical feeding have less extensive brain injuries.What distinguishes patients in PVS is that the upper hemispheres of their brains are irrevocably destroyed, thereby, permanently precluding them from engaging in any cognitive, emotional or interactive functioning. Consequently, patients in PVS are not in pain. However, patients in PVS have a completely or partially functioning brain stem, which enables them to retain autonomic functions like regulation of blood pressure and heart rate and to reflexively respond to stimuli. Also consistent with a functioning brain stem, PVS patients experience eyes-open unconsciousness, sleep wake cycles, may be able to breathe independently, and can digest food. Patients in PVS will not recover; the longer they live in this condition, the greater their brains atrophy – brain cells do not replicate themselves. Ms. Schiavo’s autopsy confirmed that her brain injuries were consistent with PVS, that her brain had deteriorated to half its normal size, and that she was blind. It would have been impossible for her to ever recover any functioning.

It can take several months to definitively make a PVS diagnosis. Consequently, artificial feeding is almost always commenced for at least a trial period. PVS patients are fed through a device surgically inserted into the stomach or intestine, through which processed nutrition and hydration are delivered. Nutrition and hydration are mechanically provided to PVS patients for a combination of reasons – most PVS patients lack sufficient gag reflex for oral ingestion; oral ingestion for patients in this condition may increase the chances of aspiration or pneumonia; and finally, for those few PVS patients who may be theoretically capable of oral ingestion, the time and labor required to provide such care is prohibitively expensive for the institutions in which most of these patients reside.

Many PVS patients were young and healthy prior to the event that caused their brain injury.While most PVS patients live three to five years, those whose complications are aggressively treated, and who are sustained by artificial nutrition and hydration, can live much longer. Thus, the question inevitably arises for many families whether and when they should request discontinuation of feeding.

PVS patients from whom feeding is discontinued do not suffer as they die. Those parts of the brain that enable the patient to experience suffering are non-functioning. In addition, the professional caregivers who are experienced in caring for patients at the end of life employ a number of techniques to prevent the kind of bodily deterioration that could be emotionally traumatic to those surrounding the patient.

The Legal Dispute Michael Schiavo’s efforts to terminate his wife’s feeding tube began in 1998, after Ms. Schiavo had been in PVS for eight years. In the public discussion of the Schiavo case, it was sometimes claimed that Mr.Schiavo was seeking judicial approval of “euthanasia” for his wife. As a legal matter, however, the withholding or withdrawal of life-sustaining treatment based on the consent of the patient or a legally authorized surrogate does not constitute euthanasia or assisted suicide. Instead, as the United States Supreme Court observed in Washington v. Glucksberg, such decisions are a natural extension of “the common-law rule that forced medication was a battery, and the long legal tradition protecting the decision to refuse unwanted medical treatment.”

Although the law governing the withholding or withdrawal of life-sustaining treatment varies somewhat from state to state, a few basic principles apply in all jurisdictions. First, individuals who have the mental capacity to make their own medical decisions have a near-absolute right to refuse any form of medical treatment, including measures necessary to sustain life. Second, all states allow competent persons to execute documents, known as “advance directives,” through which individuals can ensure that they are not subjected to unwanted medical treatment even after they lose decision-making capacity. There are two types of advance directives, the “living will” and the “health care proxy.” Living wills are documents that set forth an individual’s specific wishes about the circumstances under which particular medical interventions should or should not be provided. For example, a living will might state, “In the event I am irreversibly and severely braininjured and no longer have the ability to communicate or interact with others, I do not want to be given any form of life-prolonging medical treatment.”A health care proxy, by contrast, does not specify particular treatment wishes but instead designates another person (often called the “agent”) to make decisions on the patient’s behalf. Under most states’ health care proxy laws, the agent can make any decision on behalf of an incapacitated patient that a competent patient could make on his or her own behalf, including decisions to withhold or withdraw lifesustaining care.

Unfortunately, Ms. Schiavo, like the vast majority of Americans, had never executed an advance directive.

However, in the 1990 case of Guardianship of Browning, the Florida Supreme held that, even without an advance directive, life-sustaining treatment may be withheld or withdrawn from an incapacitated patient if there is “clear Fall Two Thousand and Five

• 19 •

and convincing evidence”that doing so would be consistent with the patient’s previously expressed wishes. The court concluded that that the evidence of the patient’s wishes need not be in writing, and that a close family member or friend could make the decision to refuse lifesustaining treatment “without prior judicial review”— although it noted that judicial review would be appropriate if a dispute about the decision arises. Moreover, it specifically held that, for purposes of treatment refusal cases,“there is no legal distinction between gastrostomy or nasogastric feeding and any other means of life support.”

After Browning, the Florida legislature enacted a statute that codified and expanded the principles established by the Florida Supreme Court. The statute sets forth a list of persons, in order of priority, who may act as the patient’s surrogate, and provides that such surrogates may refuse life-sustaining treatment if the patient “does not have a reasonable medical probability of recovering capacity” and has “an end-stage condition,”is in a persistent vegetative state, or has a physical condition that is “terminal.” The statute further provides that a surrogate’s decision to withhold or withdraw life-prolonging procedures “must be supported by clear and convincing evidence that the decision would have been the one the patient would have chosen had the patient been competent or, if there is no indication of what the patient would have chosen, that the decision is in the patient’s best interest.” In authorizing surrogates to refuse life-sustaining treatment based on the patient’s “best interest,”even when there is “no indication” of what the patient would have decided, the statute represents a significant extension of Browning. Most other states have adopted approaches similar to the Florida statute, either by statute or caselaw.

In his petition to the guardianship court, Mr. Schiavo argued that there was clear and convincing evidence that his wife would not want to remain on the feeding tube in her current medical condition;he did not invoke the statutory provisions authorizing the refusal of treatment based on the patient’s “best interest.” Ms. Schiavo’s parents, Robert and Mary Schindler, opposed the petition. In addition to disputing the claim that Ms. Schiavo would have wanted to have the tube removed, they argued that Mr. Schiavo should be disqualified from making the decision to withdraw the feeding tube because he had a conflict of interest.

The alleged conflict stemmed from the fact that Ms. Schiavo had received a substantial payment in resolution of a malpractice claim brought on her behalf in the early 1990s, money that was being used to pay for her care but that Mr. Schiavo stood to inherit if his wife died. In rejecting this argument, the court found that the conflict of interest was not relevant because Mr. Schiavo was not asking to be given the authority to make his own decision about whether to remove the feeding tube. Instead, he was asking the court to make the decision, based on its independent evaluation of the evidence of Ms. Schiavo’s previously expressed wishes.The court,crediting Mr.Schiavo’s testimony about conversations he had with his wife about being • 20 • Seton Hall University School of Law

kept alive “artificially,” as well as similar testimony by Ms. Schiavo’s brother-in-law and sister-in-law, granted Mr. Schiavo’s petition and ordered that the tube be removed.

Over five years elapsed between the guardianship court’s initial order to remove the feeding tube and Ms. Schiavo’s death in March 2005. During those years, the Schindlers pursued a variety of legal strategies to keep their daughter alive. These strategies can be divided into three phases: initial efforts to overturn the guardianship court’s order through a variety of appellate and collateral proceedings; the enactment of “Terri’s law”by the Florida legislature and the subsequent order by Governor Jeb Bush to reinsert the feeding tube; and, finally, the passage of federal legislation requiring the federal courts to review the Schindlers’ constitutional and statutory challenges to the Florida state court proceedings.

In their initial efforts to overturn the order to remove the feeding tube, the Schindlers relied on a variety of factual assertions. For example, they claimed that Mr. Schiavo had perjured himself at the guardianship court hearing when he claimed to have had discussions about life-sustaining treatment with his wife before she lost decision-making capacity.They alleged that Mr. Schiavo had abused his wife and therefore should not be entitled to act as her guardian. And they challenged the medical determination that Ms. Schiavo was actually in PVS and that she would never regain consciousness.

The first stage of the dispute saw the removal of Ms. Schiavo’s feeding tube, its temporary reinsertion while the courts examined the Schindler’s challenges, and the second removal of the tube in October 2003 when the first round of court decisions ended.

Less than a week later, Governor Jeb Bush signed into law a statute enacted by the legislature at the urging of the Schindlers and others who opposed the removal of Ms. Schiavo’s feeding tube. “Terri’s law” gave the Governor 15 days to issue a “one-time stay to prevent the withholding of nutrition and hydration” from patients who fit a narrowly defined set of circumstances – circumstances that described Ms. Schiavo and probably no other person in the state. It also directed the appointment of a guardian ad litem for the patient “to make recommendations to the Governor and the court.” Based on this statute, Governor Bush issued an executive order directing the reinsertion of Ms. Schiavo’s feeding tube.

The success of this strategy was short lived. In September 2004, the Florida Supreme Court found that the statute violated the Florida constitution because it represented an unconstitutional encroachment on the power reserved for the judiciary, it inappropriately delegated legislative power to the governor, and it provided “no guarantee that the incompetent patient’s right to withdraw life-prolonging procedures will in fact be honored.” Although Ms. Schiavo’s feeding tube remained in place for several more

months as the Schindlers pursued additional actions in the Florida state courts, they eventually exhausted those efforts and the tube was again removed on March 18, 2005.

The final stages of this case were played out at the federal level, during a tense two-week period that captured national media attention. On March 21, 2005, President Bush signed into law a hastily enacted statute entitled “An Act for the Relief of the Parents of Theresa Marie Schiavo,” which gave the federal courts jurisdiction to hear claims “for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or the laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain life.”

Based on this statute, the Schindlers asked a federal district court in Florida to order the reinsertion of Ms. Schiavo’s feeding tube. They based their petition on a multitude of legal theories, including alleged procedural and substantive due process violations and claims under federal statutes prohibiting discrimination on the basis of disability and religion.

Both the federal district court and the Court of Appeals for the Eleventh Circuit rejected all of these claims.They found that the Florida courts had provided ample procedural due process to protect Ms. Schiavo’s interests, and that the substantive due process and statutory claims could not succeed because the defendants were not state actors.

The United States Supreme Court declined the Schindlers’ petition for review.

Relevant Catholic Teaching Because Ms. Schiavo was raised Catholic, one of the Schindlers’central arguments was that removing the feeding tube would be inconsistent with their daughter’s religious beliefs. As a result, much of the public discussion of this case focused on the Church’s teachings related to end-oflife care. Unfortunately, the media’s portrayal of Catholic doctrine was often overly simplistic, and the public was therefore left with a distorted impression of a highly nuanced body of moral teachings.

Much of contemporary Catholic analysis about treatment termination is grounded in ancient Church teaching about the individual’s moral obligation to receive care.

As far back as the 16th century, the Church began distinguishing between ordinary and extraordinary care, teaching that refusing the latter was not suicide.

Pope Pius XII reaffirmed this teaching in a 1957 speech to anesthesiologists in which he discussed resuscitation and ventilator treatment. Pope Pius XII stated that a patient is normally required to use only ordinary means – “that is to say, means that do not involve any grave burden for oneself or another.” Ordinary means, he observed, vary according to “circumstances of persons, places, times and culture.”He reminded his audience that the patient was not required to consent to the provision of treatment that “go beyond the ordinary treatment to which one is bound.”

The bioethics literature and civil law of the 1970s in the United States initially incorporated this dichotomous approach to treatment decision-making. However, it soon became apparent that for both doctors and judges, the distinction between ordinary and extraordinary care was too imprecise to be helpful. Nonetheless, the concept remains an important one in Catholic teaching. The most recent edition of the CATECHISM OF THE CATHOLIC CHURCH explains: Discontinuing medical procedures that are burdensome, dangerous, extraordinary or disproportionate to the expected outcome can be legitimate; it is the refusal of “over-zealous”treatment. Here one does not will to cause death; one’s inability to impede it is merely accepted. The decisions should be made by the patient if he is competent and able or, if not, by those legally entitled to act for the patient, whose reasonable will and legitimate interests must always be respected.

Notably, the disproportionate burden analysis became part of many states’advance directive statutes and so-called “right to die”cases.The analysis reflects another important commonality between Church teaching and civil law in the United States– that, if possible, it is the patient— whether guided by conscience (pursuant to Church teaching) or pursuit of self-determination/personal autonomy (the secular conceptualization) – who engages in the balancing that determines the treatment plan. Church teaching also recognizes the propriety of surrogate decision-making “by those legally entitled to act for the patient” when the patient lacks the capacity to make decisions for him or herself.

The Church has also addressed treatment termination issues from the perspective of Catholic health care facilities’ obligations to their patients. The Ethical & Religious Directives for Catholic Health Care Services, promulgated by the United States Conference of Catholic Bishops, serves as the primary guide, as interpreted by the local bishop, for the operation of Catholic hospitals.

Directives 56 and 57 reflect the Church’s centuries old teachings: A person has a moral obligation to use ordinary or proportionate means of preserving his or her life.

Proportionate means are those that in the judgment of the patient offer a reasonable hope of benefit and do not entail an excessive burden or impose excessive expense on the family or the community.

A person may forgo extraordinary or disproportionate means of preserving life. Disproportionate means are those that in the patient’s judgment do not offer a reasonable hope of benefit or entail an excessive burden, or impose excessive expense on the family or the community.

Fall Two Thousand and Five

• 21 •

These directives articulate a subjective test that focuses on the balance between the benefits and burdens of treatment to the particular patient. The Church’s articulation goes further than the civil law by recognizing as legitimate considerations the imposition of burden on the patient’s family or community. Of course, these directives address the easiest treatment scenarios – those in which it is the competent patient who decides. Unfortunately, that option is not available to the caregivers of patients in PVS who have not left behind clear instructions regarding their treatment preferences. As a prelude to Directive 58, which addresses nutrition and hydration provided orally or medically, the “legislative history” explains that nutrition and hydration are not morally obligatory when “they bring no comfort to a person who is imminently dying or when they cannot be assimilated by a person’s body.”The Catholic Conference of Bishops was equivocal regarding the application of Directive 58 to patients in PVS. Observing that the magisterium had not spoken to the question, the Bishops invoked the “necessary distinctions between questions already resolved by the magisterium and those requiring further reflection.” Consequently, Directive 58 provides:

it noted that some theologians allow for treatment termination. Those theologians assert that the spiritual good of the person is union with God, which can be advanced only by human acts, i.e., conscious, free acts.

Since the best current medical opinion holds that persons in the persistent vegetative state (PVS) are incapable now or in the future of conscious, free human acts these moralists conclude that, when careful diagnosis verifies this condition, it is not obligatory to prolong life by such interventions as a respirator, antibiotics, or medically assisted hydration and nutrition.

There should be a presumption in favor of providing nutrition and hydration to all patients, including patients who require medically assisted nutrition and hydration, as long as this is of sufficient benefit to outweigh the burdens involved to the patient.

Irrespective of how one resolves the question of benefit to the PVS patient of continued feeding, Catholic teaching requires a balancing of this benefit against the burdens of treatment to the patient, before making an ultimate determination regarding the propriety of continued treatment. In 1980, the Vatican’s Congregation for the Doctrine of the Faith issued a statement entitled the Declaration on Euthanasia, which elucidated the notion of burden to include the risks, costs, likelihood of success, and the patient’s “physical and moral resources”. It is clearly burdensome and medically contraindicated to force feed a patient in the final stages of cancer or congestive heart failure. While some may find it difficult to accept that a patient who is wholly unaware of her circumstances or even of being alive is burdened by a feeding tube, a March 2005 COMMONWEAL editorial suggested that “[b]y any moral measure, fifteen years in PVS is an ‘extraordinary’ – even heroic – burden for someone to bear.” Adherents to this position focus on the burden to the patient’s “attributed” dignity. Less existentially, PVS patients do generally experience a variety of complications, including feedingtube site infections, incontinence and other bowel and bladder disorders, bedsores, and deformities caused by muscle deterioration and contracture. Some would argue, however, that it is only appropriate to consider the burdens of the specific treatment that is at issue, that is, in this case, the feeding tube, as opposed to more general burdens associated with continued life in a severely diminished state.

So, while the Directive commends a presumption in favor of feeding, it does not require the artificial provision of nutrition and hydration. Instead, the patient/family and physician must weigh the benefits and burdens of treatment in light of the patient’s condition and circumstances.

For caregivers of patients in PVS, interpreting Directive 58 is not straightforward. On the one hand, patients in PVS can assimilate food, and, if they continue to be fed, barring some other complication, they are not at risk of imminent death.On the other hand,it is difficult to resolve the question of whether they benefit from tube feeding. Continued feeding unquestionably sustains the patient’s life. But, as recently explained in COMMONWEAL: The notion of “benefit” has traditionally been understood as a moral category,not merely a biological one. In other words, it is not self-evident that sustaining a person in PVS by artificial means is of benefit to that person. The mere prolongation of bodily functions where there is no hope of recovery and where the patient has no ability to realize any human or person goods, is not obligatory. Some values transcend the mere prolongation of physical existence.

In 1992, the Bishops’ Committee on Pro-Life Activities issued a very thoughtful paper summarizing the competing moral analyses regarding the PVS patient. On the question of what benefit PVS patients receive from continued feeding, • 22 • Seton Hall University School of Law

The Bishops’ Committee rejected this analysis as not “theologically conclusive.”Instead,the Committee preferred an approach grounded in the concern that “it is morally questionable and would create a dangerous precedent to imply that any human life is not a positive good or ‘benefit.’”

According to this view,“while life is not the highest good, it is always and everywhere a basic good of the human person and not merely a means to other goods.” The Committee aligned with those who consider PVS patients to be disabled, and therefore entitled to the special protections against discrimination we afford disabled citizens.

The long and the short of this entire discussion is that, by the time the Schiavo case became one that her family was unable to resolve, the Church had not resolved questions about the treatment of patients in PVS. Confusion was exacerbated when,in March 2004,Pope John Paul II delivered

a speech to a scientific conference, which included the following paragraph: I should like particularly to underline how the administration of water and food, even when provided by artificial means, always represents a natural means of preserving life, not a medical act. Its use, furthermore, should be considered, in principle, ordinary and proportionate, and as such morally obligatory, insofar as and until it is seen to have attained its proper finality, which in the present case consists in providing nourishment to the patient and alleviation of his suffering.

Because the Pope’s statement struck many as a stark departure from prior Catholic teaching, as well as a potentially dramatic conflict with the standard of care for patients with ALS, cancer, Alzheimer’s disease, and other conditions that make ingestion of life-sustaining nutrition difficult or impossible, theologians and Catholic health care providers around the world have since been studying the Pope’s statement.

The first question that arises in interpreting any pronouncement from a bishop, the United States Catholic Conference, or the Pope, is the authority of the particular teaching. In our civil law, statutes, regulations, guidances and legislative history carry differential authoritative weight; so too it is with Church teaching. As explained by Rev. Kevin O’Rourke and Sr. Jean DuBlois in a 1992 article published by HEALTH PROGRESS, the Second Vatican Council identified two forms of teaching: infallible teaching and authentic teaching. Infallible teaching is to be accepted by divine faith, ‘definitively and absolutely.’ Authentic teaching, which concerns matters pertaining to faith and morals, is to be accepted by the people to whom it is directed with trust and confidence because authentic teachers speak in the name of Christ. . . The same document of the council offers signs by which Catholics may judge that the teaching of a bishop, and especially the teaching of the Holy Father, is to be considered authentic: “By the character of the document in question, by the frequency with which a certain doctrine is proposed, by the manner in which the doctrine is formulated.”

The bishops, speaking alone or in a group, seldom speak infallibly and often do not offer authentic teaching. Rather, they offer encouragement, guidelines, or admonitions to the people whom they serve. These statements, called “pastoral teachings,” are to be taken seriously, but they do not have the force of infallible or authentic teaching.

The Pope’s statement was presented as a paper for a conference; as such, it is being treated by most moral theologians as pastoral teaching to be considered together with the Church’s prior teaching. This approach is most clearly demonstrated by the conclusions of a July 2004 meeting of Catholic scholars convened by the Canadian Catholic Bioethics Institute: • The papal speech needs to be understood in the context of the Catholic tradition.The words “in principle” (n.4) do not mean ‘absolute’ in the sense of ‘exceptionless’ but allow consideration of other duties that might apply.

• Persons in a state of lost cognitive and affective capacity retain a spiritual soul; their life has intrinsic value and personal dignity, and they must be treated with the full respect and care owed to a human being.

• For unresponsive patients to whom ANH can be delivered without being in itself in conflict with other grave responsibilities or overly burdensome, costly or otherwise complicated, ANH should be considered ordinary and proportionate, and as such, morally obligatory.

Closing Thoughts Perhaps the greatest error in the media’s portrayal of the Schiavo case was that it left the public with the impression that the case involved a choice between Mr. Schiavo’s personal desire to have the feeding tube discontinued and the Schindlers’ equally strong desire to keep their daughter alive. In fact, as the discussion above demonstrates, neither the law nor the relevant Catholic teaching entitle either a husband or a parent to impose their personal beliefs on an incapacitated patient. Instead, from a legal perspective, the critical question was evaluating the evidence presented about Ms. Schiavo’s own wishes; in terms of Church doctrine, the focus should have been on balancing the benefits and burdens of continued treatment as Ms. Schiavo would have experienced them.

The entire episode emphasizes the importance of thinking about these issues in advance, advising our loved ones about our preferences, and, ideally, identifying who should serve as our proxy decision-maker in case we lose the capacity to make our own decisions. Persons who hope to avoid the kind of protracted dispute that occurred in the Schiavo case should take a few moments to complete their own advance directives. State-specific forms for this purpose are available through the National Hospice and Palliative Care Organization, at www.caringinfo.org, or at any hospital.

Fall Two Thousand and Five

• 23 •

Today, tuition dollars no longer support the daily operations of a law school.

Because of this, the Annual Fund was established as Seton Hall’s financial lifeline. When alumni contribute to the Annual Fund, their gifts have a direct and immediate impact upon Seton Hall Law School, unlike other funds and endowments, where the effects of a gift may take years to be felt. Annual Fund dollars allow Seton Hall to offset educational expenses, provide innovative classes and curriculum, recruit gifted faculty and expand its scholarship resources and financial aid for gifted and needy students.

A Myriad of Ways to

Donate

to the Annual Fund

Donors to the Annual Fund can choose how their money is spent. They can designate a gift as unrestricted or restricted.

When a donor chooses to make an unrestricted gift, he or she allows Seton Hall Law School to use that money wherever it is needed most. Unrestricted money maintains programs that are not entirely supported by other revenue.

Making an unrestricted gift is especially valuable because it allows the school administration to plan for both expected and unexpected costs that arise in a Law School setting. Additionally, Seton Hall receives corporate and foundation support in such areas as matching gift donations and grants.

However, some donors have a particular fondness for a certain program, perhaps one participated in or benefited from while attending Seton Hall Law School. Thus, the Annual Fund enables donors to restrict their gifts. Currently, a donor has the choice of contributing to six specific programs at the law school: Health Law & Policy Program (HeLPP), The Center for Social Justice, Student Aid, Legal Education Opportunity (LEO) Academic Support, Institute of Law, Science & Technology, and the Evening Program.

Besides the immediate and direct impact that annual fund dollars have on Seton Hall Law School, there are other far-reaching results of fund success. In various rankings of academic institutions, annual fund contributions are a critical factor. A school with a closely connected alumni community that contributes both time and money to the institution will get a boost in the rankings.

• 24 • Seton Hall University School of Law

There are a number of recent programs that have been implemented over the past five years to encourage alumni to give back to Seton Hall. Among these is the Class Gift Program. As do many schools, Seton Hall Law School encourages its graduating class to make a pledge to the Annual Fund before graduation. The Class Gift Program is a way to introduce graduating students to the Annual Fund, while instilling in them the importance of giving back to their alma mater. Each year, representatives from the graduating class establish a fundraising goal and strategize new and interesting ways to raise money. Not only does this effort raise money for Seton Hall, but it builds class unity and spirit. To alleviate any financial burden, the pledges that students make during the spring of their third year are not due until one year after graduation, easing the concerns of many recent graduates who have student loan payments ahead of them. To date, the most successful fundraising effort was made by the Class of 2005. Their goal was to raise enough money to name a classroom in memory of one of their former classmates, Billy Streiter, and his sister Ashley, who tragically lost their lives in a car accident during Billy’s first year of law school. One hundred two students from the Class of 2005 pledged almost $20,000, and a classroom was dedicated in memory of Billy and Ashley on graduation day.

Another program that took effect under Dean Hobbs’ leadership is the Law Firm Representative Program.

During fiscal year 2005, eight law firms participated in this grassroots initiative, which encourages Seton Hall alumni at participating firms to make a gift to the annual fund.

One or two alumni at each firm offer to serve as

representatives at their firm, acting as a liaison between the firm’s alumni and Seton Hall Law School’s Alumni & Development Office. Only a few years old, the program’s success rate continues to climb.

Another very successful fundraising effort is the student-run phonathon. Law students call alumni to request financial gifts. “Student callers establish a personal connection between the law school and the alumni, said Frank Morano, a 3L graduate assistant, who oversaw the phonathon during fiscal year 2005. “It gives the alumni an opportunity to hear first-hand about the progress being made at Seton Hall.” Alumni have responded positively to these calls because they enjoy hearing about what classes the students are taking or if a certain professor is still teaching. At the end of fiscal year 2005, 27.8 percent of annual fund dollars were raised by the phonathon.

The rate of annual giving among alumni has tripled over the last five years.At the end of fiscal year 2000, only 4.6 percent of alumni were making gifts to the Annual Fund. Five years later, the alumni participation rate rose to 14.5 percent, making fiscal year 2005 the most successful year to date, bringing in $500,000 in unrestricted gifts.(See graph below) Today, alumni are recognizing that their law degree, whether it was earned 50 or five years ago, increases in value as Seton Hall continues to offer a top-notch legal education. This ensures both future and past graduates success in their legal careers. If you have any questions about making a gift to the Annual Fund, please contact The Office of Alumni and Development at (973) 642-8094.

Alumni Unrestricted Gift Totals $300,000

$248,064

$250,000

$200,000

$150,000 $123,329 $100,000

$50,000

$0 FY00

FY02

FY05

Fall Two Thousand and Five

• 25 •

MEET THE LAW SCHOOL’S BOARD OF VISITORS THE SETON HALL UNIVERSITY SCHOOL OF LAW BOARD OF VISITORS WAS FORMED LAST FALL TO PROVIDE COUNSEL TO THE SCHOOL OF LAW ON A WIDE RANGE OF TOPICS. NOW NUMBERING FORTY-FIVE, THE BOARD ADVISES THE DEAN, ASSOCIATE DEAN AND SENIOR ADMINISTRATION ON MATTERS OF POLICY, PLANNING, ACADEMIC PROGRAMMING, ADMISSIONS AND FINANCIAL AID, CAREER SERVICES, ALUMNI RELATIONS AND DEVELOPMENT. MEMBERS OF THE BOARD OF VISITORS ARE AMBASSADORS FOR THE LAW SCHOOL, ITS VISION AND MISSION.

Seated in the first row, left to right, are Louis J. Andreozzi ’84; Joseph P. LaSala ’72; Joseph M. DeCotiis ’94; Kathryn P. Duva ’01; William B. McGuire, Chair ’58;, Dean Patrick E. Hobbs. Standing in the second row, left to right, are Glenn Williams ’93; Alfred C. Koeppe ’75; Alfred F. Jablonski ’66;Timothy G. Rothwell ’76; James B.Ventantonio ’64; Ambassador Clay Constantinou ’81; Frederic J. Regenye ’95; Angelo R. Bianchi ’58; Bernard M. Hartnett ’55; and Carol L. Forte ’84. In the third row, left to right, are Michel F. Baumeister, Vice Chair ’72; Ronald J. Riccio ‘71; Christopher J. Christie ’87; James C. Orr ’64; Patrick C. Dunican Jr. ’91; Thomas M. Nee ’73; Frank A. Bellis, Jr. ’82; Reverend Nicholas S. Gengaro; Peter N. Larson’74 ; The Honorable Katharine Sweeney Hayden ’75; Alfred J. Luciani ’70; Terence G. Connor ’67; Maury Cartine ’76; Daniel J. McCarthy ’87; and John C. Gibbons ’72.

Not Pictured: Associate Dean Kathleen M. Boozang; G. Mickey Brown ’67; Reverend Monsignor Patrick E. Brown; Alberto R. Cardenas ’74; Michael Critchley ’72; Diane J. D’Agostino ’75; Michael R. DeCotiis ’91; Vivian Sanks King ’85; Kevin H. Marino ’84; William J. Palatucci ’89; Michael J. Quigley, III ’80; Robert G. Rose ’74; Joseph J. Schiavone; John J. Sumas ’00; Frank J. Vecchione ’64; Karol Corbin Walker ’86; Shannon K. Marcotte ’00; and Charles A. Sullivan.

Visiting Fellow Seton Hall Law School Professor Catherine M.A. McCauliff will be a Visiting Fellow in Research at Princeton University with the Department of Politics, sponsored by the James Madison Program in American Ideals and Institutions. Professor McCauliff will be visiting Princeton in the Fall semester.

• 26 • Seton Hall University School of Law

Extraordinary achievement, service, moral character, and commitment are among the criteria considered by the Seton Hall Law School Alumni Council when choosing alumni who have succeeded in the professional arena. Contributions to the law – whether on the bench or in the bar, through pro bono, public or community service – are all factors that affect the Alumni Council’s final recommendation. While many are worthy of consideration, one individual usually stands out among the rest. This year, Christopher J. Christie, J.D. ’87, United States Attorney for the District of New Jersey, received the Distinguished Alumnus Award.

DISTINGUISHED GRADUATE 2005

CHRISTOPHER J. CHRISTIE, J.D. ’87 After graduating from the University of Delaware in 1984 with a B.A. degree, Mr. Christie received his J.D. from Seton Hall University School of Law in 1987. He was admitted to the Bar in the State of New Jersey and the Bar of the United States District Court, District of New Jersey in 1987. He then joined the law firm of Dughi, Hewit & Palatucci in Cranford, N.J. and was named Partner in 1993.

From 1995 to 1997, he served as a Morris County Freeholder and was elected Director of the Board in 1997.

Mr. Christie was nominated by President George W. Bush to be United States Attorney for the District of New Jersey on December 7, 2001. He was unanimously confirmed by the United States Senate on December 20, 2001, and sworn into office on January 17, 2002, by the Honorable Joel A. Pisano, U.S.D.J. Mr. Christie will serve a four-year term as the chief

federal law enforcement officer in the State of New Jersey.

He is in charge of a 137-lawyer operation with offices in Newark,Trenton, and Camden. His office is charged with the enforcement of federal civil and criminal laws in the District.

In that capacity, he works with the FBI, DEA, ATF, Secret Service, Immigration and Customs Enforcement, Postal Inspectors and other federal agencies in New Jersey.

In 2004, Mr. Christie was named one of America’s top 10 prosecutors by the Corporate Crime Reporter. He has served on a number of charitable boards, including Daytop Village – NJ, United Way of Morris County, Family Services of Morris County and the Christie Family Foundation.

Mr. Christie was born and raised in New Jersey and now resides in Mendham, N.J., with his wife and four children.

Mr. Christie and his wife, Mary Pat, pictured here with members o the Class of ’87

Fall Two Thousand and Five

• 27 •

2005-06 Merck Visiting Scholars During the 2005-06 academic year,

Seton Hall Law School welcomes Professors

Philip Peters, Jr., in the Fall semester and

Rebecca Eisenberg in the Spring semester.

Since 1994, Merck & Co. has been a generous

supporter of the Health Law & Policy Program’s

visiting scholar series. Merck’s interest in and

support of health law in New Jersey has

allowed Seton Hall Law School to bring

outstanding health law scholars to its

students and the wider legal community.

• 28 • Seton Hall University School of Law

PHILIP PETERS, JR. Ruth L. Hulston Professor of Law University of Missouri-Columbia School of Law Professor Peters, Ruth L. Hulston Professor of Law at the University of Missouri-Columbia School of Law, was in residence at Seton Hall Law School from September 12-16, 2005. He is a leading scholar on medical malpractice, the withholding of life support, the tension between cost control and disability rights, and the regulation of reproductive technology, and is the author of more than 24 articles in law journals – 10 of them on the topic of medical malpractice – and has numerous other articles and works in progress. His work on reproductive technology includes the book HOW SAFE IS SAFE ENOUGH? OBLIGATIONS TO THE CHILDREN OF REPRODUCTIVE TECHNOLOGY, (Oxford University Press, 2004).

Professor Peters is a member of the American Law Institute, where he serves on two consultative groups for the Restatement Third of Torts. He is the founding Director of the University of Missouri-Columbia Biotechnology & Society Program, an interdisciplinary initiative assembled to study the social and legal implications of modern genetic technology. He has taught law at numerous institutions, among them, the University of Louisville, the University of Oklahoma, and Oklahoma City University.

He began his career as a civil rights lawyer in the Civil Rights Division of the U.S. Department of Justice and then spent several years in private practice specializing in medical malpractice and product liability defense. He received his B.A., cum laude, from Harvard College in 1972. Thereafter, he completed a one-year fellowship for advanced study at the University of Edinburgh. Professor Peters attended Boalt Hall School of Law at the University of California, Berkeley, where he received his J.D., Order of the Coif, in 1976.

REBECCA S. EISENBERG Robert and Barbara Luciano Professor of Law The University of Michigan Law School Seton Hall Law School welcomes Merck Visiting Scholar Professor Rebecca S. Eisenberg, a well-known lecturer and writer in health and intellectual property law, who will be in residence March 26-28 and April 2-4, 2006.

Professor Eisenberg specializes in patent law as it applies to biotechnology, as well as the role of intellectual property in the public vs. private sectors in research science. She has been on the faculty of The University of Michigan Law School for more than 20 years.

She has lectured widely, serving as a distinguished visiting faculty member at the University of Toronto Law School and giving workshops at George Washington Law School, the University of Chicago Medical School, the University of Wisconsin Business School, the University of California, Los Angeles Law School, and Cardozo Law School. She has presented faculty workshops at the University of North Carolina and the University of Virginia.

Professor Eisenberg serves as a member of the advisory committee to the Director of the National Institutes of Health, the Panel on Science, Technology and Law of the National Academies, and the board of directors of the Stem Cell Genomics and Therapeutics Network in Canada. She was also appointed to the Committee on Intellectual Property in Genomic and Protein Research and Innovation for the National Academies of Science.

Professor Eisenberg is a graduate of Stanford University and Boalt Hall School of Law at the University of California, Berkeley. At Berkeley, she was Articles Editor for the CALIFORNIA LAW REVIEW.

Fall Two Thousand and Five

• 29 •

Distinguished Guest Lecturer Series Featuring Nancy Neveloff Dubler

Nancy Neveloff Dubler is the Distinguished Guest Lecturer for the Health Law & Policy Program. Her lecture, titled Solid Organ Transplantation: Meeting Recipients’ Needs Thoroughly will be at 6 p.m. Monday, November 7. Ms. Dubler is Director of the Division of Bioethics, Department of Epidemiology and Population Health at Montefiore Medical Center, and Professor of Bioethics at the Albert Einstein College of Medicine. Renowned as one of the country’s top attorneys in the field of bioethics, Ms. Dubler has practiced and taught law for almost 40 years and has various appointments and honors to her credit, including the World Health Organization Traveling Fellowship and the Bernard Harrison Award, given by the National Association of Correction Health Care.

She received her A.B. from Barnard College and her LL.B. from Harvard Law School. Soon after earning her Bachelor of Laws, Professor Dubler embarked on a career that would include working as a Staff Consultant for the New York City Criminal Justice Coordinating Counsel, Independent Consultant for the Federal Legislation for Children’s Programming and Adjunct for Bank Street College of Education teaching courses such as “Society, Family and the Law” and “The Role of Women and the Care of Children, an International Perspective.”

Professor Dubler has published extensively on termination of care, home care and long-term care, geriatrics, prison and jail health care, and AIDS. Her most recent books are THE ETHICS AND REGULATION OF RESEARCH WITH HUMAN SUBJECTS (Lexis, 2005) (with Carl Coleman, Jerry A. Menikoff and Jesse A. Goldner), and ETHICS ON CALL: TAKING CHARGE OF LIFE-AND DEATH CHOICES IN TODAY’S HEALTH CARE SYSTEM and MEDIATING BIOETHICAL DISPUTES: SEEKING CONSENSUS IN CONFLICT (2003) (with Carol Bensinger Liebman). She lectures extensively, consults often with federal agencies, national working groups, and bioethics centers and served as co-chair of the Bioethics Working Group at the National Health Care Reform Task Force. Professor Dubler founded the Bioethics Consultation Service at Montefiore Medical Center as a support for analysis of difficult cases presenting ethical issues in the health care setting. She is also co-director of the Certificate Program in Bioethics and the Medical Humanities, conducted jointly by Montefiore Medical Center/Albert Einstein College of Medicine and Benjamin N. Cardozo School of Law. In addition to her present position with Albert Einstein College of Medicine, she also teaches at New York University School of Law.

• 30 • Seton Hall University School of Law

Hobbs, Franzese and Jacobi — Working for the Betterment of New Jersey

In November 2004, Seton Hall Law School’s Dean and two faculty members were appointed to three prominent positions within New Jersey government, where they can use their expertise to help address some of the state’s most pressing problems and perhaps, set examples of how to conduct ethical, moral standards in the future.

Joining our Dean, Patrick E. Hobbs, are Seton Hall Law Professors Paula A. Franzese and John V. Jacobi.

Fall Two Thousand and Five

• 31 •

Hobbs, Franzese and Jacobi Obtain Important PATRICK E. HOBBS Dean and Professor of Law, Seton Hall Law School The State Commission of Investigation (SCI) The State Commission of Investigation (SCI) was created in 1968 amid an intensifying problem involving organized crime and political corruption. A special Joint Legislative Committee to Study Crime and the System of Criminal Justice in New Jersey confirmed a crisis in those areas and issued sweeping recommendations to improve key areas of the state’s criminal justice apparatus, including the establishment of the SCI to provide continuing monitoring on a variety of threats against the public welfare.

The Commission conducts fact-finding investigations, brings the facts to the public’s attention, refers findings to appropriate law enforcement agencies for possible prosecution, and makes recommendations to the Governor and the Legislature for improvements in laws and in the operations of government.

One of the Commission’s primary statutory responsibilities is to bring the results of its fact-finding investigations to the public’s attention with the goal of promoting remedies and reforms. The format for public action by the Commission is based on the complexity of the subject and the clarity, accuracy and thoroughness with which the facts can be presented. The Commission has proceeded by way of public hearings, the issuance of public reports, or both.

The Commission, through a professional staff of attorneys, special investigative agents, accountants, support and administrative personnel, specifically is vested by law with the duty and power to conduct investigations in connection with: • The faithful execution and effective enforcement of laws of the state, with particular reference, but not limited, to organized crime and racketeering; • The conduct of public officers and public employees, and of officers and employees of public corporations and authorities; • Any matter concerning the public peace, public safety and public justice.

Seton Hall Law School Dean Patrick E. Hobbs was appointed to the Commission in November 2004 by former Governor James E. McGreevey. Dean Hobbs joins W. Cary Edwards, J.D. ’70, Chair of the S.C.I. Mr. Edwards was first appointed to the Commission in 1997 by former Governor Christine Whitman. A graduate of Seton Hall University, he earned his law degree in 1970 from Seton Hall Law School.

• 32 • Seton Hall University School of Law

He was reappointed Chair by Acting Governor Richard J. Codey. The SCI is also comprised of Joseph R. Mariniello, Jr., a partner at Mariniello & Mariniello, P.C., and Kathy Flicker, Assistant Attorney General in charge of Office of Counter Terrorism.

PAULA A. FRANZESE Peter W. Rodino, Jr. Professor of Law Special Counsel for Ethics Reform Last November, Acting Governor Richard J. Codey announced the appointment of a new Special Counsel for Ethics Reform, as part of his broader effort to help regain public trust in government. He appointed Former Supreme Court Justice Daniel J. O’Hern Sr. and Seton Hall Law Professor Paula Ann Franzese to jointly serve as Special Counsel for Ethics Reform.

As Special Counsel, Justice O’Hern and Professor Franzese had a twofold mandate. First, they conducted a thorough ethics audit of the ethics rules, statutes, regulations and codes of conduct that apply to all employees of the Executive Branch and the State Authorities. Within 120 days, they presented a comprehensive plan to improve and strengthen the ethics rules. Second, they developed an expansive, mandatory ethics training program for Executive Branch and Authorities employees.

“In Professor Franzese and Justice O’Hern we have two independent people who will help us perform a thorough audit, and build a better system,” said Gov. Codey.” An independent audit of this magnitude has never been done before – and it’s overdue.”

Among findings of the commission were: • New Jersey lacks a single, uniform ethics code for state employees. Rules are spread among dozens of agencies.

• New Jersey does not impose a business ethics code on vendors who do billions of dollars worth of business with the state and the process for state contracts is not transparent enough.

• Most state employees do not know what the ethics rules are because there is no mandatory ethics training program.

• The public lacks easy access to financial disclosure firms and a way to voice concern about ethics issues.

• Nepotism rules are difficult to enforce and confusion exists about the state’s ban on employees receiving gifts.

• The State Ethics Commission needs greater enforcement powers and more independence.

Government Positions for New Jersey Gov. Codey proposed increasing the budget of the Commission on Ethical Standards by 70 percent to allow the commission to add a full-time ethics training office and create a mandatory training program for employees; add a full-time ethics compliance officer to conduct regular audits to make sure departments comply with rules; and create a toll-free, confidential reporting hotline for state employees and the public.

Professor Franzese has been a Professor of Law at Seton Hall Law School since 1986. She teaches Property and Commercial Law. She also serves as Chair of the Public Interest Committee, serving on behalf of a wide array of public interest initiatives, including public interest law fellowships, loan forgiveness programs and the pro bono program. Prior to her work at Seton Hall, she served as an Adjunct Professor at Fordham Law School; Visiting Professor at Barnard College; and as an Associate at Cahill Gordon & Reindel in New York.

JOHN V. JACOBI Associate Director of the Health Law & Policy Program and Institute of Law and Mental Health, and Professor of Law, Seton Hall Law School New Jersey Mental Health Task Force “Nowhere is the need for help more prevalent than in the area of mental health,”declared Acting Governor Richard J. Codey in establishing the Mental Health Task Force.“If there is anything that my administration will stand for, it is compassion and standing up for those who may not be able to stand up for themselves.This task force has members that are independent, fresh thinkers who bring national expertise. They will recommend how we can better help the mentally ill lead normal lives.”

Governor Codey met with mental health advocates from across New Jersey, who joined him for the signing ceremony in the Governor’s Outer Office. The executive order established an 11-member Mental Health Task Force that will examine issues ranging from housing, to jobs, to access to care for the mentally ill. John V. Jacobi, Seton Hall Law School Professor and Associate Director of the school’s Institute of Law and Mental Health, is one of the members appointed to the task force. Jacobi previously served in the Office of the New Jersey Public Advocate.

The Task Force established advisory committees and held public hearings throughout the state to obtain meaningful input from mental health consumers, family members, providers and the public. As a result of the extensive study and public input process, several reoccurring issues emerged and are considered by the Task Force to be central in providing a roadmap for system reform, obtainable by reaching three primary goals: 1) Improving Access to Care, 2) Offering Better Quality Care and 3) Providing Better and Appropriate Community-based Services.

The Task Force’s report (available at http://www.psychlaws .org/PressRoom/rls-NJTaskForce.htm.), represents a blueprint for reform,categorizing the main issues and recommendations into four areas of implementation: Systems of Care and Services; Planning, Management and Budget; Special Populations and Issues; and Legislation and Regulation.

As a result of Governor Codey’s visionary leadership, New Jersey’s mental health system is now a priority for state government and the challenges of mental illnesses are on the agenda of more people than ever before.

Seton Hall Adjunct Professor JOINS THE NJ BENCH The New Jersey State Senate Judiciary Committee confirmed Seton Hall Law School Adjunct Professor Robert McCarthy for a judiciary position in New Jersey Superior Court for Morris and Sussex Counties.

Professor McCarthy was Senior Vice President and General Counsel to Time Inc. before opening his solo practice in Chatham. From 1978 to 1984, he was with New York’s Patterson, Belknap, Webb & Tyler. He earned his B.A., M.A., and J.D. from Georgetown University. At Seton Hall Law School, Judge McCarthy teaches a Mass Media Law Seminar.

Fall Two Thousand and Five

• 33 •

Louis J. Andreozzi, J.D. ’84 Delivered Keynote Address at 51st Annual Commencement Exercises

Keynote Speaker and Seton Hall Law School Alumnus Louis Andreozzi pictured here with his family.

• 34 • Seton Hall University School of Law

Louis J. Andreozzi, J.D. ’84, former President and Chief Executive Officer of the North American Legal Markets division of LexisNexis, delivered the keynote address at Seton Hall University School of Law’s 51st Annual Commencement Exercises on Friday, May 27, 2005, at PNC Bank Arts Center in Holmdel, N.J. In recognition of his contributions to the field of law, Seton Hall University bestowed a Doctor of Laws, Honoris Causa degree upon Mr. Andreozzi during the ceremony.

Seton Hall Law School also bestowed more than 450 Juris Doctor (J.D.) degrees, Master of Science in Jurisprudence (M.S.J.) degrees, and Master of Laws (LL.M.) degrees.

Mr. Andreozzi’s portfolio at LexisNexis included some of the most prominent legal products and brands – including the Lexis online service, Shepard’s, Mathew Bender, Martindale-Hubbell, and lawyers.com. As president and CEO, Mr. Andreozzi was responsible for broadening LexisNexis’ product offerings from predominately print and online research to a broad range of legal tools and services. He acquired the top two electronic filing companies, the leading electronic discovery company, the leading court docket database, the primary customer relationship management system for law firms, and numerous market-leading practice management tools.

While at LexisNexis, Mr. Andreozzi led the MartindaleHubbell division, where he presided over the migration of the legal directory from a purely print-based product to one of the leading destinations on the web for attorney information. In 2004, more than 45 million searches were done on the flagship products martindale.com and lawyers.com – making these sites two of the primary Web destinations for finding an attorney.

Mr. Andreozzi began his career with Reed Elsevier as a law clerk in 1983 while a third year law student at Seton Hall. He quickly progressed upward in the legal department going from staff attorney to assistant general counsel to general counsel of the U.S. Holding Company.

In 1994, Reed Elsevier purchased LexisNexis, a leading global media company headquartered in London and Amsterdam. Mr. Andreozzi became Vice President, Secretary and General Counsel of the newly merged enterprise. Today, LexisNexis has annual revenue of $1.2 billion dollars and employs more than 6,000 people throughout the United States and Canada.

Mr. Andreozzi received his J.D. from Seton Hall in 1984 and his B.S. from Rutgers University.

Fall Two Thousand and Five

• 35 •

SETON HALL UNIVERSITY SCHOOL OF LAW PROUDLY CONGRATULATES OUR 2003-05 FACULTY FELLOWS, AS THEY BEGIN THEIR ACADEMIC CAREERS

Jeremy Blumenthal

David Opderbeck

Syracuse University

Baruch College

Iris Goodwin

Nicole Huberfeld

University of Tennessee

University of Kentucky

• 36 • Seton Hall University School of Law

Introducing Visiting Professor of Law Richard Murphy is a Visiting Professor at Seton Hall University School of Law for 2005-06 and a Professor of Law at William Mitchell College of Law in St. Paul, Minnesota. His scholarship has focused on judicial review of agency action, the nature of judicial power and the scope of legislative power to regulate it, and punitive damages. He has also taught as a Visiting Associate Professor at University of Idaho Law School.

Richard W. Murphy, J.D. J.D., University of Minnesota M.A., DePaul University B.A., Carleton College

Before entering teaching, Professor Murphy was a litigation associate at the Minneapolis office of Dorsey & Whitney LLP. After law school, he clerked for the Honorable Stephen S. Trott of the United States Court of Appeals for the Ninth Circuit (which was, by the by, a fantastic experience). He graduated summa cum laude from the University of Minnesota Law School in 1995, and graduated with a B.A. in religion from Carleton College in 1987.

His publications include: Judicial Deference, Agency Commitment, and Force of Law, 65 OHIO ST. L. J. (forthcoming 2005); Judicial Review, in DEVELOPMENTS I N A DMINISTRATIVE L AW A ND REGULATORY PRACTICE 2003-2004 (J. Lubbers, ed., 2004) (book chapter); The Limits of Legislative Control Over the Hard Look, 56 ADMIN. L. REV. 1125 (2004); A New Counter-Marbury: Reconciling Skidmore Deference and Agency Interpretive Freedom, 56 ADMIN. L. REV. 1 (2004); Separation of Powers and the Horizontal Force of Precedent, 78 NOTRE DAME L. REV. 1075 (2003); Punitive Damages, Explanatory Verdicts, and the Hard Look, 76 WASH. L. REV. 995 (2001); Superbifurcation: Making Room for the State in the Punitive Damages Process, 76 NORTH CAROLINA L. REV. 463 (1998); Book Review, 13 CONSTITUTIONAL COMMENTARY 330 (1996) (review of Martin H. Redish, THE CONSTITUTION AS POLITICAL STRUCTURE (1995)); and Note, Can They Do That? Due Process and Article III Problems of Proposed Findings of Criminal Contempt in Bankruptcy Court, 78 MINN. L. REV. (1994).

Fall Two Thousand and Five

• 37 •

New Faculty Jenny-Brooke Condon, a 2003 magna cum laude graduate of Seton Hall University School of Law, returns to work in the Law School’s Center for Social Justice as a faculty fellow.

Ms. Condon earned her B.A. in Journalism/Fine Arts, magna cum laude, from George Washington University.

Professor Condon has a strong background in public interest work and will be an important complement to the Center for Social Justice’s already outstanding faculty and staff who provide a wide range of legal services to the citizens of Newark and the community at large. Ms. Condon brings to Seton Hall Law an extremely wellrounded list of accomplishments in the realm of legal issues that touch upon the poor and disenfranchised.

While with the Urban Justice Center in New York City, Ms. Condon represented low-income individuals with psychiatric disabilities before administrative law judges in welfare benefits and Social Security decisions. She also represented disabled citizens who were illegally being denied food stamps. In New Jersey, Ms. Condon worked equally hard at the New Jersey Institute for Social Justice where she challenged a New Jersey administrative agency’s violation of the landmark Mount Laurel doctrine.

Jenny-Brooke Condon, J.D. ’03 J.D., Seton Hall University B.A., George Washington University

• 38 • Seton Hall University School of Law

Ms. Condon has also been involved in the legal realm of U.S., foreign and international laws impacting the human rights of women, including laws criminalizing female genital mutilation. She has contributed to the ongoing multi-pronged legal effort to eliminate the sexual trafficking of women. In a unique solution to human rights abuses, Professor Condon researched and proposed using state criminal and licensing laws to shut down U.S.-based sex tourism operators. Professor Condon has worked on immigration and human rights and has successfully represented a diverse clientele including torture survivors and asylum seekers. Most recently, Ms. Condon was the litigation director of the World Organization For Human Rights USA in Washington, D.C. where she has been on the frontlines of litigation in matters involving habeas petitions for U.S citizens who were refused the assistance of counsel.

Sister Melanie DiPietro comes to Seton Hall University School of Law as a Distinguished Visiting Practitioner with an extensive and impressive curriculum vitae – the result of education, professional practice and scholarship spanning five decades. Sister DiPietro’s legal practice and scholarship includes tax-exempt health, social service and educational corporations. She has served as associate counsel to the Diocese of Pittsburgh and worked extensively in representing non-profit corporations in matters such as the negotiation and design of governance structures of national and regional healthcare systems and mergers and joint operating companies between regional systems and communitybased religiously affiliated corporations.

She earned her B.A. from Seton Hill University in 1969 and an M.A. in 1971 from Occidental College. She went on to earn her J.D. from Duqusne University in 1975. Sister DiPietro completed the executive Management Program of the United Way, National Academy for Volunteerism, Harvard Graduate School of Business, 1984-85. In 1987, she received her licentiate in canon law from the Pontifical University of St. Thomas in Rome. She then completed the Harvard Negotiation Program in 1995 and in 2003, the Pontifical University of St. Thomas conferred upon Sister DiPietro her doctorate in canon law.

Sister DiPietro is an elected member of the American Law Institute. She was a member of the Board of Governors of the Canon Law Society of America, Caritas Internationalis and serves on numerous other boards, including the Professional Advisory Board and The Journal of Contemporary and Health Law Policies at the Catholic University of America Columbus School of Law in Washington, D.C. She serves on the National Advisory Council at Viterbo College in La Crosse, Wisc., and the Pro-Bono Partnership of the Allegheny County Bar Association in Pittsburgh. She also participated in the dialogue between Roman Catholic and Anglican canonists. The colloquia were sponsored by Cardiff law school in Wales, Duquesne Law School and the University of St. Thomas in Rome.

Melanie DiPietro, S.C., J.D., J.C.D. J.D., Duquesne University J.C.D., Pontifical University of St. Thomas M.A., Occidental College B.A., Seton Hill University

She is an author and frequent speaker, both nationally and internationally, on matters concerning management, governance and legal issues for religiously affiliated organizations and has been an educator and faculty member for programs of the Pennsylvania Bar Institute.

Fall Two Thousand and Five

• 39 •

New Faculty Michele Renee Nance, J.D. ’99 joins Seton Hall Law School as a Lecturer of Law and the new Director of the Health Care Compliance Certification Program after clerking for the last two years for United States District Judge Harold Ackerman of the District of New Jersey. She previously worked as an associate at Lowenstein Sandler PC, where she handled bankruptcy related fraud claims, general contract disputes, construction disputes, trademark infringement and employment litigation. She was also the supervising associate on a complex class-action lawsuit in New Jersey to reform child welfare, resulting in a landmark settlement with the state. Professor Nance served as the Allan V. Lowenstein Public Interest Fellow at Essex-Newark Legal Services where she developed housing initiatives for groups, including individuals with AIDS and victims of domestic abuse.She brings insight in the area of employment, labor unions, trademark, copyright, immigration, and constitutional and civil rights.

Professor Nance’s current project, Fundamental Right to Replicate: Does the International Right to Health Protect Therapeutic Cloning?, discusses the upcoming consideration by the U.N. on issues relating to human cloning.

Michele Renee Nance, J.D. ’99 Lecturer of Law Director, Health Care Compliance Certification Program J.D., Seton Hall University LL.M., New York University B.S., Rutgers University

• 40 • Seton Hall University School of Law

Professor Nance is an LL.M. candidate, specializing in Trade Regulation and IP at New York University School of Law. She received her J.D., magna cum laude, from Seton Hall Law School in 1999, where she served as Editor-in-Chief of the SETON HALL CONSTITUTIONAL LAW JOURNAL. In 1996, she graduated with honors from Rutgers University School of Management in Newark. She has been an adjunct professor at Seton Hall Law School for the past three years.

Professor Raymond P. Morasse rejoined the Center for Social Justice in the summer of 2005 as the Visiting Associate Clinical Professor of the Housing and Homelessness Clinic, where he previously served the needs of low-income citizens facing imminent homelessness as both a student and staff attorney.

Professor Morasse received his B.A. in English from Rutgers College, where he was an Edward J. Bloustein Distinguished Scholar. He received his J.D. from Seton Hall Law School, where he was conferred the Mary Franzese Humanitarian Achievement Award, and was recognized for his outstanding contribution to the Housing and Homelessness Clinic. As a student of the law school, he founded and directed the Student Outreach Society, a community service organization that focuses on addressing the many needs of low-income citizens in Newark and the surrounding communities.

After serving as an Assistant Deputy Public Defender in Newark, Professor Morasse founded a successful criminal defense practice, and continued to represent indigent defendants in his capacity as appointed counsel for the New Jersey Office of the Public Defender. As a criminal defense attorney, Professor Morasse litigated dozens of jury trials in the defense of clients charged with the most serious of offenses. He has argued on numerous occasions before various New Jersey Appellate Courts and the United States Court of Appeals.

Professor Morasse brings his wealth of practical trial experience and dedication to public service to the Housing and Homelessness Clinic, where he hopes to pass on some of that knowledge to developing lawyers.

Raymond P. Morasse Visiting Associate Clinical Professor Housing and Homelessness Clinic Center for Social Justice J.D., Seton Hall University B.A., Rutgers University

Professor Seth D. Harris joined the Seton Hall Law faculty this summer, teaching Torts in the Legal Education Program. At New York Law School, he is Associate Professor of Law and Director, Labor & Employment Law Programs.

Professor Harris had spent nearly seven years at the United States Department of Labor as a senior advisor to two Secretaries of Labor. He was a special assistant and policy advisor to then Secretary-designate Robert Reich from November 1992 to late January 1993 as part of President Clinton’s transition team. He returned to New York for one year to practice law before rejoining Secretary Reich’s staff in 1993. He went on to serve as Acting Assistant Secretary for Policy, Deputy Assistant Secretary for Policy, Special Assistant to the Secretary, and Counselor to the Secretary. He also served as an ex officio member of the Commission on the 21st Century Workforce.

Seth D. Harris Visiting Professor J.D., cum laude, New York University B.S., Cornell University

Professor Harris has written about the Fair Labor Standards Act, the National Labor Relations Act, the Americans with Disabilities Act, and the Supreme Court’s employment discrimination jurisprudence, among other topics. His publishing and scholarship have resulted in numerous awards.

He received his J.D. in 1990, cum laude, from NYU Law School, where he was the Editor-in-Chief of the Review of Law & Social Change. He served as Law Clerk for the Honorable William Canby, U.S. Court of Appeals, Ninth Circuit as well as the Honorable Gene Carter, Chief Judge U.S. District Court, District of Maine. Professor Harris received his B.S. degree from Cornell University’s School of Industrial & Labor Relations in 1983.

Fall Two Thousand and Five

• 41 •

New Administrators

Ramona V. Serratelli, Assistant to the Dean B.A., Kean University Ramona V. Serratelli, who has served Seton Hall University School of Law in several capacities, has switched gears and now serves as Assistant to the Dean.Ms.Serratelli is the first-line responder to all Law School and outside constituents. As Assistant to the Dean, Ms. Serratelli relies on a comprehensive knowledge of each department within the Law School as it relates to the broader University mission. She received her B.A. from Kean University.

Maria Polimeni Assistant to the Associate Dean Maria Polimeni was named Assistant to the Associate Dean. She previously served as Assistant to the Vice President for Communications and Marketing and later as Assistant to the Director of the School of Computer Science and Information Systems at Fairleigh Dickinson University. She begins her new position with more than 12 years of experience in academia. She assists the Associate Dean in implementing the various speaker and other academic programs at the Law School and the Dean of Students in administering the Law School’s academic standards.

• 42 • Seton Hall University School of Law

David Weinberg, J.D. Admissions Counselor J.D., University of Pennsylvania B.A., Dartmouth College David Weinberg joined Seton Hall Law School as an Admissions Counselor this past Spring, the busiest time of the year for admitted-student related events. Mr. Weinberg comes to Seton Hall Law with a background in higher education admissions and financial aid at Simmons College in Boston. He represents Seton Hall Law at national and regional recruitment events and is on the road on behalf of Seton Hall Law throughout the Fall semester.

Additionally,he develops and implements pre-and post-admission recruitment strategies, and evaluates candidates for admission and scholarship awards. Mr. Weinberg meets and counsels applicants and admitted students and makes recommendations to the Admissions Committee.

Mr. Weinberg graduated from the University of Pennsylvania Law School in 2001. He worked at several New York law firms, primarily practicing labor law litigation. He attended Dartmouth College and graduated in 1996 with a B.A. in Film Studies and Cognitive Science.

Lisa Ann Cargill, J.D. Director of Development J.D., Albany Law School B.A., State University of New York at Buffalo Lisa Ann Cargill joined Seton Hall Law School as the new Director of Development and oversees the law school’s fundraising activities, especially the Annual Fund. The Annual Fund provides essential financial support to the law school through numerous activities, including golf outings and an annual banquet (see an in-depth article on The Annual Fund, pages 28-29). Ms. Cargill comes to Seton Hall Law with experience in both the legal field and fundraising. As an attorney admitted to the New York State Bar, Ms. Cargill has practiced in the areas of family law and estate planning. In the realm of fundraising, Ms. Cargill also assisted the non-profit New York-New Jersey Trial Conference, on its most recent capital campaign.

She received her J.D. in 1998 from Albany Law School and her B.A. from the State University of New York at Buffalo, in 1993.

Fall Two Thousand and Five

• 43 •

& Notes Class

News 1950

Jersey State Bar Association.Michaelene Loughlin ’77,of Prospect Park, has been honored by The United Nations

1960

Association-New Jersey Division, in recognition of her

Russell A. Vassallo ’61, of Liberty, Kentucky, has retired

contributions to women’s rights and empowerment.

from a successful career as a trial attorney and has now launched a career as a writer. His first book, TEARS AND

1980

TALES, was released in Spring 2005.

Richard M. Sasso ’80, of Warren, has been appointed as Presiding Municipal Court Judge of Bridgewater

1970

Township as well as the Municipal Court Judge in the

Henry M. Matri ’73, of Upper Saddle River, has been

Borough of Watchung. Lynne Fontaine Newsome ’81,

selected as one of the Best Lawyers in America in

of Lawrenceville, has been named First Vice President of

Corporate Law, for his skills as a business litigator.

The New Jersey State Bar Association.Robert E. Bennett

Robert B. Reed ’73, of Flemington, has been sworn in

’82, of Mount Holly, has joined the law firm of Tesser &

as Judge of the Superior Court of New Jersey and

Cohen. Jeffrey S. Brown ’82, of Wyckoff, has been

assigned to the Civil Division of Somerset & Hunterdon

named one of “New Jersey’s Super Lawyers”. John

counties in New Jersey. Walter J. Greenhalgh ’74, of

Geppert, Jr. ’83, of Mendham, has been appointed

Livingston, a managing Partner in the Newark office of

Chairman of the School Law Committee of the New

the law firm Duane Morris, LLP and one of the senior

Jersey State Bar Association. James H. Keale ’83, of Fair

Members of its Business Reorganization and Financial

Haven, has been inducted into The New Jersey Fellows

Reconstructing Practice Group, has received national

of the American College of Trial Lawyers. Paul J. Endler,

certification in business bankruptcy law. Mary P. Keefe

Jr. ’84, of East Brunswick, has been sworn in as President

’75, of Westfield, has been elected to the Board of

of The Union County Bar Association. James D. Ray ’84,

Directors of NUI Utilities, Inc. Richard H. Steen ’75, of

of Basking Ridge, has become a Member of McElroy,

Lawrenceville, has been named Secretary of The New

Deutsch, Mulvaney & Carpenter, L.L.P. Jane A. Rigby ’84,

• 44 • Seton Hall University School of Law

Woman of Substance, Rosemary Alito, 2004 The Women’s Law Forum honored Rosemary Alito with the 2004 Woman of Substance award last Fall. Ms. Alito is well known in the New Jersey legal community and has established a prominent employment practice in and outside the state. Ranked as one of the Best Lawyers in America, Ms. Alito has extensive trial and appellate experience and is a frequent writer and lecturer on employment law issues.

Immediate past president of the Association of the Federal Bar of New Jersey and author of New Jersey Employment Law, she is an active speaker and participant in state and federal bar associations, having served on Supreme Court committees related to Judicial Discipline, Women in the Courts, Lawyers Assistance Program Funding and Professional Responsibility Rules. She is pictured here, fourth from left, with members of the Women’s Law Forum at Seton Hall Law School.

of Fair Haven, has become a Member of McElroy,

California, completed the most popular ocean swim in

Deutsch, Mulvaney & Carpenter, L.L.P. Ralph P. Ferrara

the USA: the La Jolla Rough Water Swim. Kathleen H.

’85, has joined the law firm of Wolf, Block, Schorr and

Dooley ’88, of Lake Wylie, North Carolina, has been

Solis-Cohen, LLP as a Partner, in the Cherry Hill office.

promoted to a Member of the law firm Helms Mulliss &

Richard Marano ’85, of Oxford, Connecticut, recently

Wicker, LLC in its Charlotte office. Donna duBeth

spoke at the 2004 McGovern Center Conference on the

Gardiner ’89, of Morristown, has become a Member of

topic “The Presidency and McGovern’s Political Legacy”

McElroy, Deutsch, Mulvaney & Carpenter, L.L.P. Mark

at Dakota Wesleyan University in Mitchell, South Dakota.

Montana ’89, of Martinsville, of the Somerville firm of

He is the author of a biography of George McGovern

Norris, McLaughlin & Marcus, P.A., has been elected to

titled “Vote Your Conscience”. Elizabeth A. Ryan ’85, of

the Board of Directors of the Rotary Club of Somerville

Burlington County, has been named The New Jersey

and Bridgewater for the 2004 – 2005 term.

Hospital Association’s Chief Operating Officer. Susan Stryker ’85, of Franklin Park, was a featured speaker at

1990

the Insurance Council of New Jersey’s 27th Annual

Lisaanne R. Bicocchi ’91, of Hackensack, has joined the

Meeting and Conference, held in November of 2004 at

law firm of Herten, Burstein, Sheridan, Cevasco,

the Sheraton at Woodbridge Place in Iselin. She has also

Bottinelli, Litt, Toskos & Harz, LLC, as an Associate.

been named one of “New Jersey’s Super Lawyers”.

Florina A. Moldovan ’91, of Kinnelon, has become

Andrew S. Berns ’87, of Parsippany, has joined the law

Counsel to the law firm McElroy, Deutsch, Mulvaney &

firm of Carroll McNulty & Kull as Counsel. Michael A.

Carpenter, L.L.P. Christopher S. Porrino ’92, of

Chagares ’87, of Ramsey, has joined the law firm of Cole,

Woodbridge, has joined the law firm of Lowenstein

Schotz, Meisel, Forman & Leonard as a Partner. Kevin M.

Sandler, P.C. as a Director. Kenneth S. Weitzman ’92, of

Haas ’87, of Ramsey, has been named Managing

Livingston, has joined the law firm of Chadbourne &

Attorney of the law firm Cozen O’Connor, in the Newark

Park LLP,as a Partner in the Intellectual Property practice.

office. Barbara T. Denny ’88, of South Pasadena,

Maria Cristiano Anderson ’93, of Woodcliff Lake, has

Fall Two Thousand and Five

• 45 •

Cornel West Cornel West, Class of 1943 University Professor of Religion, Princeton University, discussed DEMOCRACY MATTERS, his latest book examining the despair and distrust that he feels undermines our democratic process. A book signing and reception followed the lecture. Professor West, professor of African-American studies and philosophy of religion at Princeton University, has been a champion for racial justice since childhood. A noted social and economic philosopher, he has taken his struggle for racial equity to the national spotlight. His best-selling book, RACE MATTERS, touched a nerve in the American public and triggered a national debate on race issues.

been named Counsel to the law firm of Price, Meese,

to the law firm of Sills Cummis Epstein and Gross, P.C..

Shulman & D’Arminio. John F. Chiaia ’93, of North

Adam J. Adrignolo ’95, of Hillsdale, has become an

Caldwell, has been sworn in as North Caldwell Town

Associate with the law firm of Graham, Curtin &

Council. Anthony S. McCaskey ’93, of Newark, has

Sheridan, P.A.. Eric Levine ’95, of Hoboken, has been

become a Member of the law firm of St. John & Wayne,

named Partner at Lindabury McCormick & Estabrook,

L.L.C. Thomas Daniel McCloskey ’93, of Flemington,

P.A. John T. Whipple ’95, of Montclair, has become a

has joined the law firm of Fox Rothschild, LLP as a

Member of the law firm Pashman Stein, P.C. David Di

Partner in the law firm’s Litigation Department in its

Simone, J.D. ’95, a graduate of Seton Hall’s Health Law

Princeton

office. Annmarie Simeone ’93, of

& Policy Program, was named General Counsel for the

Woodbridge, has joined the law firm of Norris

Cathedral Health Care System, Newark, N.J. Peter B.

McLaughlin & Marcus as a Member. Linda A. Tancs ’93,

Ajalat ’96, of Montvale, has been named Counsel to the

of Hillsborough, has joined the law firm of Norris

law firm of Grotta, Glassman & Hoffman, P.C. Aney

McLaughlin & Marcus as a Member. She has also been

Chandy ’96, of Edison, has become Assistant Attorney

selected for inclusion in the 2005-2006 edition of

General in charge of Civil Rights for the State of New

“Who’s Who in American Law,”the definitive biographical

Jersey. Frank J. DeAngelis ’96, of Towaco, has been

resource featuring the most accomplished men and

named Partner at Mound Cotton Wollan & Greengrass.

women in all areas of the legal profession. David

Patrick J. Galligan ’96, of Morristown, has become a

Almroth ’94, of Wayne, has been named Counsel to the

Member of the law firm Graham, Curtin & Sheridan.

law firm of Skadden Arps Slate Meagher & Flom, L.L.P.

James B. Johnston ’96, of Union, has been named

Paul C. Gluckow ’94, of Ridgewood, has been named

Supervisor in the investigation section of the Essex

Partner at Simpson, Thatcher & Bartlett. Nicholas J.

County Prosecutor’s Office. Christopher S. Kozak ’96,

Lochetta, II ’94, of Haddonfield, has been named

of Newark, has become Counsel to the law firm of

Partner at the law firm of Archer & Greiner. Eric I.

Landman Corsi Ballaine & Ford, P.C. Michael Pompeo

Abraham ’95, of Manalapan, has been elected Counsel

’96, of West Carteret, has been named Partner at the

• 46 • Seton Hall University School of Law

Arthur Miller The Student Bar Association’s Distinguished Guest Lecture Series began with a lecture by Arthur R. Miller, Bruce Bromley Professor of Law at Harvard University Law School. Professor Miller’s lecture was titled, Privacy Rights: Are Any Left after 9/11?

He is nationally known for his work on court procedure, a subject on which he has authored or co-authored more than 40 books on a wide variety of subjects.The general public, however, knows him for his work in the field of the right of privacy, a subject on which he has written, testified, debated, and helped formulate legislation. His book THE ASSAULT ON PRIVACY: COMPUTERS, DATA BANKS, AND DOSSIERS (1971) has been extremely influential. He is pictured here with Dean Patrick Hobbs, left, and Professor Howard Erichson, right.

Alumna on the Apprentice Michelle Scarborough, J.D. ’99, appeared on Donald Trump’s hit television show,“The Apprentice.” She appeared in the boardroom with Trump and his top adviser, Carolyn Kepcher, subbing in for George Ross, Mr. Trump’s business and legal adviser. The episode aired on April 7 on NBC Network.

law firm of Drinker, Biddle & Reath, L.L.P. Christopher

has been appointed Assistant Professor at the

E. Torkelson ’96, of Westfield, has been named a

University of Kentucky College of Law in Lexington,

Shareholder at Sterns & Weinroth. Toni Marie

where she will teach Constitutional Law and a variety

Vaccarino ’96, of Far Hills, has joined the law firm of

of health law courses. Jeffrey S. Mandel ’98, of Pine

Saiber Schlesinger Satz & Goldstein as an Associate.

Brook, has been named Young Lawyer of the Year by

Scott M. Baach, J.D. ’97 became a Partner at Norris,

New Jersey State Bar Young Lawyers’ Division.

McLaughlin & Marcus, P.A, in Somerville, N.J. Michael D.

Domenick C. Stampone ’98, of Haledon, has been

Bell ’97, of Vienna, Virginia, has been named one of the

named to the Board of Trustees of New Jersey State Bar

outstanding young healthcare lawyers for 2004.

Association. Mark J. Swearingen ’98, of Camby,

Michael has also been named Partner at Mintz, Levin,

Indiana, a graduate of the Health Law & Policy Program,

Cohn, Ferris, Glovsky and Popeo, PC in its Washington,

has become a health law Associate with the law firm of

DC office. A graduate of Seton Hall’s Health Law &

Hall Render Killian Heath & Lyman, P.S.C. Eric D. Brophy

Policy Program, Bell is a regular faculty member at the

’99, of Wall, has become an Associate with the law firm

Health Care Compliance Certification Program

of St. John & Wayne, L.L.C. Kelly A. Kulak ’99, of

sponsored by Seton Hall Law. Laura H. Corvo ’97, of

Ringwood, has joined the law firm of Cole, Schotz,

Jersey City, has become an Associate with the law firm

Meisel, Forman & Leonard, P.A. Michelle Lokey

of St. John & Wayne, L.L.C. Bernard K. Ham, J.D. ’97 has

Scarborough ’99, of New York, NY, has joined The

joined the firm of Baker & McKenzie in Washington, D.C.

Trump Organization as a Real Estate attorney.

where he practices health law. Allen J. Underwood II ’97, of Oradell, has been named Partner in the law firm

2000

of Becker Meisel L.L.C. Nicole Huberfeld, J.D. ’98, a

Peter F. Berk ’00, of West Caldwell, has become an

graduate of the Health Law & Policy Program and

Associate with the law firm of Epstein Becker & Green.

former Director of the Health Care Compliance

Ryan M. Faden, J.D. ’00, a graduate of the Law School’s

Certification Program and Health Law Faculty Fellow

Health Law & Policy Program, is Regulatory Program

Fall Two Thousand and Five

• 47 •

Order of the Coif Distinguished Visitor Series On April 21st, Professor John Coffee gave a lecture as part of the Order of the Coif Distinguished Visitor Series, for which Seton Hall was selected for 2005. Professor Coffee appeared in several classes, and delivered a talk to the faculty which was titled Gatekeepers: The Role and Reform of Professionals in Corporate Governance. Professor Coffee is the Adolf A. Berle Professor of Law at Columbia University Law School and Director of its Center on Corporate Governance. He is a Fellow at the American Academy of Arts and Sciences and has been repeatedly listed by the National Law Journal as among its “100 Most Influential Lawyers in America”.

ITALY More than 40 students participated in the Law in Italy Program this past June. Students in the program studied comparative constitutional law and comparative procedure at the University of Milan and University of Parma. Pictured here are Law in Italy students in a classroom in Parma.

Manager at Blue Cross Blue Shield Association,

completed a clerkship for the Honorable Denny Chin.

Washington, D.C. Van V. Mejia ’00, of Jersey City, has

Gina M. Graham ’02, of Montville, has become an

joined the law firm of Patterson, Belknap, Webb & Tyler.

Associate with the law firm of Graham, Curtin &

Amy C. Buck ’01, of Little Falls, has joined the law firm of

Sheridan. Lauren Haley, J.D. ’02, a graduate of the

Cole, Schotz, Meisel, Forman & Leonard. Shaji Eapen ’01,

Health Law & Policy Program, is a Health Insurance

of Livingston, has joined the law firm of Morgan,

Specialist within the Program Integrity Group at the

Melhuish,Monaghan,Arvidson,Abrutyn & Lisowski as an

Centers for Medicine and Medicaid Services, Baltimore,

Associate. John Erskine ’01, of West New York, has

M.D. David R. Anderson ’03, of Chester, has joined the

joined the law firm of Thacher Proffitt & Wood LLP, as a

law firm of Carroll McNulty & Kull as an Associate.

Structured Finance Associate. Christopher Froba ’01, of

Christine Chansky, M.D., J.D. ’03, a graduate of the

Levittown, Pennsylvania, has joined the law firm of Stark

Health Law & Policy Program, was appointed Vice

& Stark as an Associate. Steven A. Karg ’01, of

President of Product Development at The Medicines

Somerville, has been named Chair of the New Jersey

Company, Parsippany, N.J. Andrew C. Chien ’03, of Fair

Defense Association Products Liability Committee. Todd

Lawn, has joined the law firm of Landman Corsi Ballaine

Mizeski ’01,of Fairfield,has joined the law firm of Potters

& Ford as an Associate. Seamus Curley ’03, of Rumson,

& Della Pietra, LLP as an Associate. Mark E. Nikolsky ’01,

has become an Associate with the law firm of Ansell Zaro

of Ridgefield Park, has joined the law firm of McCarter &

Grimm & Aaron. Lisa DiPasqua ’03, of Wayne, has joined

English. Donald Schumacher ’01, of Red Bank, has

the law firm of Greenbaum, Rowe, Smith & Davis.

joined the law firm of Weinstein Snyder Lindemann

Maryann E.Gill ’03,of Madison,has become an associate

Sarno as an Associate. Dewan Sharmin Arefin ’02, of

with the law firm of Graham, Curtin & Sheridan. Jennifer

Keasbey,was sworn in as Deputy Attorney General of the

A. Johnson ’03, of Florham Park, has joined the law firm

State of New Jersey.Nicole R. Chhabria ’02, of Montclair,

of Pitney Hardin Kipp & Szuch as an Associate. Damon T.

has joined the law firm of Chasan Leyner Bariso &

Kamvosoulis ’03, of Hackensack, has joined the law firm

Lamparello. Sandra Chiocchi ’02, of Clifton, has

of Herten, Burstein, Sheridan, Cevasco, Bottinelli, Litt,

• 48 • Seton Hall University School of Law

CAIRO Students in the Law in Cairo Program studied Islamic Jurisprudence, Comparative Islamic Property Law and Comparative Constitutional Law, International Criminal Law, and International Oil and Gas Law, at the American University in Cairo.They also visited Egyptian legal institutions and participated in round- table discussions with international lawyers, judges, and scholars who are familiar with cuttingedge issues in international law practice in the Middle East.

Students who participated in Cairo Program are standing in front of the Pyramids with Professors Freamon, Makdisi, and Langenkamp.

IRELAND Seton Hall Law School now offers a four-week summer experience studying international intellectual property law for law students who have completed their first year of law school. Students may take up to six credits of American and European Intellectual Property Law, Comparative Privacy Law, and/or Problems in Transnational Business. Classes began the week of June 13 at the Louvain Institute for Ireland in Europe located in Leuven, Belgium, and continued at the National University of Ireland (“NUI”) at Galway until July 9.

Pictured here is Seton Hall Law Student Dave Sherman on the Isle of Iran, a favorite tourist attraction off the coast of Galway, Ireland.

Toskos & Harz, LLC as an Associate. John Kaplan ’03, of

Compliance. Margaret Buck ’04, of Morristown, has

Randolph, has joined the Real Estate Department of Fox

joined the law firm of Cozen O’Connor as an Associate in

Rothschild.Dina C. Kerman ’03, of Livingston, has joined

the Philadelphia office. Michael Carrato ’04, of Vienna,

the law firm of Genova Burns & Vernoia as an Associate.

Virginia, has joined the law firm of Wickwire Gavin as an

Lisa E. Lomelo ’03, of Morristown, has become an

Associate in the Vienna, Virginia office. Keya C. Denner

Associate with the law firm of McElroy, Deutsch,

’04, of Belleville, has become an Associate with the law

Mulvaney & Carpenter, LLP. Sandra D. Lovell ’03, of

firm of Norris, McLaughlin & Marcus, P.A. Loretta

Morristown, has become an Associate with the law firm

Orlando, J.D. ’04, a graduate of the Health Law & Policy

of McElroy, Deutsch, Mulvaney & Carpenter, LLP. Lauren

Program, is an Associate at Kalison, McBride, Jackson &

D. McFadden ’03, of South Orange, has joined the law

Murphy, P.A., in Warren, N.J. Megan Jordan Strickland

firm of Laddey, Clark & Ryan as an Associate. John

’04, has joined the law firm of Robertson Freilich Bruno &

Noorlander ’03, of Montgomery, New York, has joined

Cohen as an Associate. Marissa Becker, J.D. ’05 has

the law firm of Landman Corsi Ballaine & Ford as an

become an Associate at DeFrancesco, Bateman, Coley,

Associate. Jennifer A. Osborne ’03, of Westfield, has

Yospin,Davis & Lehrer in Warren,N.J.Sarah A.Kaput,J.D.

joined the law firm of Lindabury,McCormick & Estabrook

’05 was awarded the American Bar Association Health

as an Associate. Holly C. Peterson ’03, of Newark, has

Law Section-Bureau of National Affairs, Inc. Award for

joined the law firm of Herten, Burstein, Sheridan,

Excellence in the Study of Health Law in June 2005. A

Cevasco, Bottinelli, Litt, Toskos & Harz, LLC, as an

graduate of the Health Law & Policy Program, Sarah has

Associate. Bryan Schroeder ’03, of Garwood, has joined

become an Associate at Mintz, Levin, Cohn, Ferris,

the law firm of Saiber Schlesinger Satz & Goldstein as an

Glovsky & Popeo, P.C., Washington, D.C. Yezhisai “Isai”

Associate. Michael R. Simcoe ’03, of Bridgewater, has

Thirumavalavan, J.D. ’05, a graduate of the Health Law

recently started his own law firm, Law Office of Michael

& Policy Program, has become an Associate at Wolf Block

R. Simcoe, in Somerville. Frank Bosley ’04, of Flanders,

in Roseland, N.J.

has joined Roche Regulatory Affairs Group as Director of

Fall Two Thousand and Five

• 49 •

PIN The Phi Alpha Delta Law Fraternity, International William Paterson Chapter, and the Public Interest Network of Seton Hall University School of Law sponsored the Fourth Annual Public Interest Auction and Richard J. Hughes Honorary Award Ceremony this past February. The PIN auction donates its funds to benefit the PIN Fellowship Fund and the Law School Loan Forgiveness Program. One of the auction items was a Pie-In-The-Face Contest where several professors and the Dean volunteered themselves for the cause. Among those good-willed (and good-humored) people were, from left, Dean Patrick Hobbs: Professors Glynn, McLoughlin, and Sullivan. The efforts for all PIN activities brought in more than $45,000.

Births:

and his wife Anne announce the birth of their son,

Kathleen H. Dooley ’88 and her husband Bob

Enda, on November 15, 2004. James I. McClammy ’98

announce the birth of their daughter, Caroline Grace.

and his wife Madelyn Camacho ’98 announce the birth

Patrick C. Dunican, Jr. ‘91 and his wife Christina

of their son Robert Thomas, on March 18, 2005.

announce the birth of their son, Michael Patrick, on

Maureen O’Neill Norris ’98 and her husband Michael

December 12, 2004. Kevin J. McGee ’92 and his wife

announce the birth of their daughter, Chaeli Sophia, on

Andrea announce the birth of their daughter, Cydney

March 4, 2005. Shoshana Schiff ’98 and her husband

Elizabeth, on March 15, 2004. Brian D. Gallagher ’94

Warren Usatine announce the birth of their daughter

and his wife Beth announce the birth of their daughter,

Rachel Marissa, on October 6, 2004. Mara Zazzali-

Fiona Danielle, on December 9, 2004. Helen Schinagl

Hogan ’98 and her husband John Hogan ‘98, announce

Smith ’94 and her husband Greg announce the birth of

the birth of their son John Evan, on May 11, 2005.

their daughter, Madeleine Anne on July 31, 2002. David

Lizbeth Aaron-DiGiovanni ’99 and her husband James

V. Calviello ’96 and his wife Amanda announce the

announce the birth of their son Christian James on

birth of their son, Aidan Peter, on February 22, 2005.

August 30, 2003. Jill Dudonis Frohnhoefer ’99 and her

Kim A. Carnesi ’96 and her husband Daniel P.

husband announce the birth of their daughter, Madeline

Silberstein ’96 announce the birth of their daughter

Rose, on April 5, 2003. Joseph H. Lee ’99 and his wife

Madeline Ava, on May 3, 2005. Michelle Bufano ’97

Ellen announce the birth of their son, Joseph Daniel, on

and her husband Chris announce the birth of their

April 3, 2004. William S. Peck ‘99 and his wife Maureen

daughter, Sarah Elizabeth, on October 2, 2004.

announce the birth of their daughter, Abigail Elizabeth,

Christine Haberle Colella ’97 and her husband

born on December 17, 2003. G. Christopher Gleason

Thomas announce the birth of their son, Ryan John, on

’00 and his wife Jennyfer announce the birth of their

September 28, 2004. Christine Shepard ’97 and her

daughter, Ashley Josephine, on December 5, 2003.

husband Anthony announce the birth of their daughter,

Samuel Peckham ‘00 and his wife Danielle announce

Amelia Toni, on October 19, 2004. Brendan Hughes ’98

the birth of their twin daughters, Madeline Elizabeth

• 50 • Seton Hall University School of Law

and Olivia Ann, born on September 22, 2004. Eric D. Garza ‘00

In Memoriam:

and his wife Chelsea King Garza ‘96 announce the birth of their

Robert C. Gruhin ‘37

daughter, Megan Elizabeth, on September 28, 2004.

Peter James Cammarano, Sr.‘42 Calvin S. Koch, Jr.‘59

Marriages:

Charles M. Costenbader ‘60

Joseph Grather ’98 to Eliana Moreira

A. Daniel D’Ambrosio ‘62

J. Paul Vance Jr. ’99 to Michele E. Mays

John P. McGee ‘69

Alyse Berger ’00 to Dr. Ken Heilpern

Irwin M. Krittman ‘74

Kimberly A. Capadona ’01 to Juan J. Trillo ’01

Bruce R. Volpe ‘74

Paul M. Da Costa ‘03 to Stephanie A. Cartwright ’03

Neil S. Rosen ‘79

Damon T. Kamvosoulis ‘03 to Jodie L. Scibetta

Pierce L. Butler ‘80

Michael R. Simcoe ’03 to Donna M. Beres

Leon Shen ‘81 Mary L. Andresini ‘82 Richard T. McCarthy ‘82

SETON HALL LAW SCHOOL would like to thank Robert C. Gruhin ‘37

Laura A. Chip Carey ‘83 John J. McKenna ‘83 Kevin W. Kearney ‘86

(John Marshall School of Law), for his

Daniel J. Cronin ‘87

generous bequest to the Law School.

Robert C. Tyms ‘88 Peter F. Ryan ‘00

To find out more about Planned Giving options, please contact Shannon Marcotte, Assistant Dean for Alumni and Development at (973) 642-8512.

3

Fall Two Thousand and Five

• 51 •

IN MEMORIAM Seton Hall Law School Honors Professor Peter W. Rodino, Jr., and former Dean John F.X. Irving

Peter Rodino was born and raised in Newark, where he attended Barringer High School and Newark University before receiving his law degree from New Jersey Law School (now Rutgers) in 1937.

He volunteered for service in World War II, was commissioned as an officer overseas, rose to the rank of Captain, and received the Bronze Star. Mr. Rodino was elected to the United States House of Representatives in 1948 and served there for forty years. He served as Chair of the Committee on the Judiciary, of the Subcommittee on Immigration and International Law, and of the Subcommittee on Monopolies and Commercial Law, and was appointed to Presidential Commissions on Crime, Immigration, and Anti-trust law. He also served as NATO Parliamentarian and was elected Chair of the Intergovernmental Committee on European Migration.

Mr. Rodino was instrumental in the enactment of historic legislation in the fields of civil rights, crime-control, anti-trust, and immigration reform. His forty years of dedicated service are described in the Almanac of American Politics.

“One of the most powerful members of the House in the 1980’s has been Peter Rodino-he is widely respected in the House and personally well liked. He is also a man who by chance was called on to play an important part in American history and he played it well.” [Referring to the Watergate Scandal]. One strength of the American political system is that it has produced people of extraordinary talent who have happened to find their way into crucial positions at critical

• 52 • Seton Hall University School of Law

times and who have performed far better than their records gave anyone the right to expect. Such leaders have come from the most unlikely places: a Lincoln from the Midwestern hick town of Springfield, Illinois; a Franklin Roosevelt from the aristocratic patroon families of the Hudson Valley. In that tradition is Peter Rodino, from Newark, New Jersey.” The Almanac of American Politics, 1986, p.859.

Mr. Rodino was honored with many national and international awards in recognition of his forty years of distinguished service in the House of Representatives, and he was also the recipient of numerous honorary degrees. While many are unaware of these accomplishments, Peter Rodino will be remembered by all Americans for his firm, disciplined, patient, and fair management of the House Judiciary Committee during its impeachment inquiry of President Richard Nixon during 1973 and 1974. As he told the Committee, “I really believe this is an instance when we can demonstrate that the system does work.”

Following his retirement from the United States Congress, Mr. Rodino served as a Distinguished Visiting Professor of Constitutional Law at Seton Hall University Law School in Newark, New Jersey from 1989 until his death in May, 2005.

The law library there houses his Congressional papers and bears his name. He was married to Marianne Stango until her death in 1980. Mr. Rodino is survived by his wife, the former Joy Judelson, his children, Margaret Stanziale and Peter W. Rodino III, three grandchildren, Carla Prunty, Maria Stanziale and Talia Rodino, and twin great-grandchildren, Annabel and Charlotte Prunty.

TUESDAY, DECEMBER 28, 2004

THE STAR-LEDGER • Obituaries

John F.X. Irving • 76 • Seton Law Dean

By GUY STERLING

When John F.X. Irving took over as dean of the Seton Hall Law School in Newark more than 30 years ago, getting a law degree had become increasingly appealing.

The civil rights and environmental movements of the ’60s, along with a dissatisfaction over the government’s handling of the Vietnam War and the constitutional crisis stemming from the Watergate scandal a few years later, are credited with helping spark an interest in the law as a means for citizens to effect change.

To keep pace, law schools needed to grow and Seton Hall was no exception.

As law school dean from 1971 to 1977, Mr. Irving not only oversaw a three-fold expansion of the faculty and a doubling of the student population, he also played a major role in upgrading the school’s facilities, its curriculum and tenure system, as well as raising its public profile. He served as the school’s third dean.

“Dean Irving’s legacy probably isn’t understood by everyone in the university today,” said Patrick E. Hobbs, the law school’s current dean. “But his contributions were significant and they laid the foundation for the school to be what it is today.”

Mr. Irving died yesterday at his home in Margate, Fla., after a lengthy illness. He was 76 and previously lived in Basking Ridge for many years.

Born and raised in Jersey City, Mr. Irving graduated from St. Peter’s Prep and St. Peter’s College. He received his law degree from Fordham University in 1956 and later took an advanced degree in the law from New York University.

Mr. Irving always saw himself as an educator and, while in law school, found the time to teach German at St.Peter’s Prep, said his daughter, Marythea Irving, a lawyer living in Dania Beach, Fla. After law school, Mr. Irving accepted a staff job with the American Bar Association in Chicago and worked there until he was offered the Seton Hall position. Early in his career, he was also a founder of a program dedicated to improving the skills of juvenile justice judges.

Years later, while dean, Mr. Irving was instrumental in gaining media exposure for the problems that can develop when minors are placed in the same detention centers as adults.

Seton Hall’s juvenile justice program traces its origins to that initiative, which was one of several legal issues that Mr. Irving helped bring to light in an era when the law wasn’t as closely watched as it is today.

Those efforts and Mr. Irving’s numerous speaking engagements before civic organizations served to raise the law school’s stature, recalled Ed Hendrickson, dean of admissions from 1974 until his retirement four years ago.

“That was never done before and it enhanced Seton Hall’s reputation,” noted Robert J. Foley, a Seton Hall Law School graduate who served as assistant dean under Mr. Irving and today is in private practice.

2005. The Star-Ledger. All rights reserved. Reprinted with Permission.

Mr. Irving was also a key player in keeping the law school in Newark after the civil unrest of the late 1960s when there was some sentiment to move it elsewhere, and in raising money for school projects, Foley and Hendrickson said.

According to his daughter, Mr. Irving loved his work at Seton Hall and remained in the post a couple of years beyond the normal tenure of most law school deans. Another of his achievements was opening up the school to greater numbers of minority students, she said.

“He stayed until he felt he’d done everything he could for Seton Hall,” she added.“He built that school.”

During Mr. Irving’s term as dean, the law school moved from Clinton Street in Newark to Raymond Boulevard near McCarter Highway, first in modular units and then to a new building.

Those structures are no longer standing. The law school moved to its current quarters at the corner of Raymond and McCarter in 1992.

In the process of moving sites, Mr. Irving elevated the law school from a second-tier to a first-tier legal institution, said Essex County Counsel Frank Giantomasi, a 1979 graduate.

“Dean Irving gave the school prestige and credibility while exemplifying all that a dean should be,” Giantomasi added.“He was stern, directed and motivational. But most of all, he was a gentleman.”

“He had a vision and began the process of seeing it materialize into the institution the law school has become,”said Michael Critchley, a prominent New Jersey defense lawyer and 1972 graduate.

After leaving his dean’s job, Mr. Irving taught at Princeton University’s Woodrow Wilson School for a year and the New England School of Law until 1983. From 1988 until this fall, he taught at the Federal Executive Institute in Charlottesville, Va. He also had a private practice in Morristown for a time and got involved in more than one environmental cause. One of his more notable pursuits was working with activists to preserve the Dismal Swamp in Edison.

Mr. Irving belonged to a variety of legal associations, served on numerous boards, steering committees and advisory panels, wrote extensively on the law and was a consultant to more than a dozen private, civic and government groups.

In 1976, Israel gave Mr. Irving the David Ben-Gurion Award for his work with the Israel-America Friendship League and Committee of Christian Lawyers for Peace and Justice in the Middle East.

Mr. Irving also leaves a sister, Helen Flaherty of Wharton; another daughter, Margaret Irving- Crowell, also of Margate, Fla., and two grandsons. His wife, Dorothea, died in 2001.

Funeral arrangements in Florida were incomplete yesterday.

Family members said there will be a memorial service in New Jersey in the spring.

Fall Two Thousand and Five

• 53 •

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

One Newark Center Newark, New Jersey 07102-5210

PAID

Non-Profit Organization U.S. Postage

Seton Hall University