seton halllaw - Seton Hall University School of Law

SETON HALL LAW
LEGAL EDUCATION OPPORTUNITIES INSTITUTE OPENS DOORS
OPPORTUNITIES
f a l l t wo t h o u s a n d a n d t wo vo l . 4 i s s u e 1
N e w s fo r A l u m n i a n d Fr i e n d s o f S e t o n H a l l U n i ve r s i t y S c h o o l o f L aw
Calendar of events
SETON HALL LAW
AUTUMN
2002
WINTER
2003
SEPTEMBER 12
JA N U A R Y 3 - 7
Scranton Reception
AALS Annual Meeting,Washington D.C.
SEPTEMBER 22
18th Annual Red Mass
SPRING
2003
SEPTEMBER 24
Alumni/Student Golf Outing
APRIL 12
OCTOBER 3
Annual Alumni Dinner Dance /
Kick-off for the 50th Anniversary
7th Annual Judge’s Reception
M AY T B A
OCTOBER 5
Barbecue (rain date) – Classes of ’87, ’92, ’97
NJSBA Annual Meeting
Alumni Reception / Atlantic City
OCTOBER 12
“Many Are One” Alumni Award Dinner Law School Service Award
JUNE 2
Commencement
OCTOBER 16
Rodino Dinner
OCTOBER 18
25th Annual LEO Alumni Dinner
N OV E M B E R 6
NJSBA Mid-Year Meeting, Orlando, FL
N OV E M B E R 9
Alumni Reception in Miami
Alumni Reception in Orlando
N OV E M B E R 2 1
4th Annual Young Alumni Event,
Class of 2002 Awards Reception
For more information, contact the Office of Alumni Relations at (973) 642-8711 or lawalum@shu.edu
Table of
Contents
Message from the Dean . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Practice Meets Theory in a Unique Securities Law Course . . .
4
Institute for Law, Science and Technology . . . . . . . . . . . . . . . . . 6
The Michael J. Kosloski Scholarship . . . . . . . . . . . . . . . . . . . . . . . .
7
Alumni Honorees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Faculty Feature: Daniel Solove on Privacy . . . . . . . . . . . . . . . . . . 10
Legal Education Opportunities Institute Open Doors . . . . . . . 20
Commencement 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
New Administration/Faculty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Online Writing Course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Reunion 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Class News & Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
For more information, contact:
Christine Quinn
Director of Law School Communications
(973) 642-8724 quinnchb@shu.edu
Shannon Philpott
Office of Alumni Relations
(973) 642-8711 lawalum@shu.edu
We’d like to hear from you. Please contact us at lawalum@shu.edu
Lisa Barsanti Hoyt
Office of Alumni & Development
(973) 642-8512 hoytlisa@shu.edu
fax (973) 642-8799
seton hall university school of law
FROM
DEAN
THE
Opportunity. This is one word that defines what Seton Hall Law
School represents. This issue of Seton Hall Law celebrates 25 years
of opportunity provided to the educationally disadvantaged through
the Msgr. Thomas Fahy Legal Education Opportunity Institute. More
than 500 alumni of the Law School have entered the legal profession
through the door we proudly call LEO. These graduates of Seton Hall
did not wait for opportunity to knock, they found the door, and
walked through it. Congratulations to all our LEO graduates and
continued success in the future.
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DEAN
P AT R I C K E . H O B B S
This issue introduces you to Professor Dan Solove, a member of our faculty who is well recognized at the
Law School. Professor Solove is quickly emerging as one of the nation’s leading experts in Privacy Law. In
his most recent article he considers the important privacy implications associated with the creation of vast
databases in the advancing information age. He convincingly argues that the most frequently used metaphor,
George Orwell’s “Big Brother,” is not the best description. Rather, we should look at this world in which we
now live through the lens provided by Franz Kafka in The Trial. Read on to find out what Joseph K can teach
us about our identities in cyberspace.
You will also enjoy meeting Professor Lew Lowenfels, a renowned expert in securities law. Professor
Lowenfels teaches our students to bring the theory of the academy to the marketplace of capitalism. His
course “Advanced Corporate & Securities Practice” is always in great demand because of Professor
Lowenfels’ unique ability to bring the practice of securities law into the classroom. He does this by often
taking our students out of the classroom. Anyone who has had the benefit of a judicial clerkship knows its
value in developing litigation skills in recently graduated lawyers. Professor Lowenfels succeeds in providing
our law students with what can be best described as a securities law clerkship.
Throughout this issue we continue to celebrate our greatest success, the remarkable achievements of you, our
alumni. Ed Deutsch ’71, was honored as this year’s Distinguished Alumnus of the Year. Patrick Dunican ’91, was
recognized as the Distinguished Young Alumnus of the Year.
As we begin preparations for our 50th Anniversary celebration, which will be a year-long event
commemorating the achievements of the Law School, I can proudly say to all alumni and friends of Seton
Hall Law School, your school has arrived. Look for upcoming information about what we have planned for
you, and how you can participate.
God bless you, your loved ones, and our Law School.
SETON HALL LAW
3
IN A UNIQUE SECURITIES LAW COURSE
Every law school class is a journey of sorts, where students travel to
new theoretical and analytical territory that challenges their expectations
and opens their minds to new ways of thinking. One particular securities
law course at Seton Hall Law School takes this concept a bit further by
integrating the theory and practice of law.
Offered each spring, “Advanced Corporate Securities
Practice,” was created 15 years ago by Lewis D.
Lowenfels, Esq., a prominent securities lawyer with the
New York law firm of Tolins & Lowenfels. Affectionately
known by the students as “Securities Law 101,” it
provides a unique practical counterpart to the more
theoretic courses in business associations and
securities regulation. He is an adjunct professor at
Seton Hall Law School. Recently described by Forbes
magazine as, “one of the best securities lawyers in the
business,” and frequently quoted in the print and
electronic media, Professor Lowenfels has more than
40 years of experience in corporate and securities law.
He represents investment banking firms and many
prominent Wall Street individuals in all facets of their
businesses, including public offerings, private
placements, investigations, disciplinary proceedings and
arbitrations. While maintaining an active and successful
private practice, he also co-authors a six volume
treatise, Securities Fraud and Commodities Fraud, with
Professor Alan R. Bromberg of Southern Methodist
University School of Law. The treatise is the definitive
work in the field and is cited regularly by the United
States Supreme Court.
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According to Professor Lowenfels, his course exposes
students to both the theoretical and practical issues
affecting securities law. “The course illustrates securities
law to students through a combination of on-site
lectures as well as field trips. It’s great for the students
and I genuinely enjoy the experience,” he says.
Ronald J. Riccio, professor and former dean of Seton
Hall Law School, says that Professor Lowenfels was the
perfect choice to develop this unique educational
experience.“Prior to joining Seton Hall as dean in 1988,
I was a private practitioner. As an educator, I am
committed to scholarship; however, I also see our
educational process as one that, in my own lifetime, has
evolved and is evolving to address both the academic
and the practical. With Lew, students have the
opportunity to study with someone who is renowned
for his practical experience and his scholarship. By
recognizing the importance of both, I believe we give
our students an unparalleled educational experience.”
The course attempts to strengthen students’ cognitive
skills and, Professor Lowenfels hopes, enhance the
qualities that make the most difference in a lawyer’s
career: good judgment, honesty, imagination and intensity.
MEETS
seton hall university school of law
PRACTICE
THEORY
Adjunct Professor Lewis D. Lowenfels, Esq., right,
reviewing his treatise in his Manhattan office with his
research assistant.
“I chose securities law because I like the stock
market and have a passion for the intellectual and
analytical work that comes with it,” he says, “but I
encourage students to pursue their par ticular
passion, whether it’s real estate law, tax law,
entertainment law or any other area.”
During one class, students visit a leading investment
banking firm that makes dealer markets for trading in
securities on NASDAQ.The students learn how these
markets are conducted and discuss their observations
with executives in the firm. The next week, the
students visit the headquarters of the New York Times
where they meet with a Pulitzer Prize-winning
reporter. The reporter provides a valuable lesson on
the important influence of the media on the law.
After visiting the ASE, students may enjoy a lecture by
a Seton Hall Law School alumnus who now works at
the Securities and Exchange Commission.
Throughout the semester, presentations by
outstanding professionals in the securities industry,
peppered with trips to relevant sites, create a
dynamic curriculum designed to stimulate and
prepare. The students enrolled in “Securities Law
101” enjoy a unique educational experience that
combines the very best in both the practice and
theoretical development of the law.This combination
is experienced under the superb tutelage of a
professor whose lifetime in the law embodies theory
and practice in a way that few others can match.
In addition to bringing a unique law course to Seton
Hall Law School, Professor Lowenfels is a successful
author, having published not only his treatise, but also
approximately 50 articles in leading law review
publications such as Seton Hall Law Review, Columbia
Law Review, Virginia Law Review, Michigan Law Review
and The Business Lawyer.
Professor Lowenfels is a member of the American Bar
Association and the New York State Bar Association.
He graduated from Harvard College, magna cum
laude, Phi Beta Kappa, and attended Harvard Law
School for his juris doctorate degree. He resides in
Montebello, N.Y., with his wife, Fern. He also has two
children, Josh and Jackie, and a grandson, Benjamin.
SETON HALL LAW
5
seton hall university school of law
ILST
I N S T I T U T E F O R L A W, S C I E N C E A N D T E C H N O L O G Y
CONTRIBUTED BY: AVRAM WHITE ’03
Throughout its 50 year history, Seton Hall University School of Law has earned
a reputation as New Jersey’s leading institution for studying the impact of
technology on law and society. Continuing this tradition, the Law School
established the Institute for Law, Science and Technology (ILST) in the fall of
2001. The program is directed by Professors Raymond Ku and R. Erik Lillquist.
The Institute addresses the rapidly evolving complex legal issues that are unique to intellectual property
and new technology law. It also simultaneously prepares students to react to the rapidly changing legal
landscape of intellectual property. The ILST acts as a center that provides research and support to both
the public and private sectors as emerging challenges in the field of intellectual property are addressed.
Ongoing advances in biological and information sciences make the ILST particularly relevant.
Further development of the Institute for Law, Science and Technology is assured. In December of 2001,
Seton Hall Law School received a two year $500,000 grant from the State of New Jersey to help fund
the ILST program. The grant will allow for the hiring of additional faculty and enable existing faculty to
devote more time to do research in relevant areas.
“We are at the forefront of intellectual property issues and the ILST exemplifies leadership in the field.
Courses such as Copyright Law in the Digital Millennium, Electronic Commerce, Information Privacy Law,
Law and Science and Trademark Registration make the ILST curriculum among the most thorough in the
country,” said Professor Lillquist.“These new courses represent our continuing commitment to stay at the
cutting edge of education in the intellectual property field.”
These courses are unique because they examine legal doctrine in a highly technical setting. For example,
Electronic Commerce examines how developments in information technology affect commercial
transactions. Information Privacy Law analyzes different types of law (constitutional, tort, contract,
property) in terms of how they address emerging threats to privacy in our information society. Copyright
Law in the Digital Millennium examines issues surrounding copyright law and the protection of digital
information products.
The expanded curriculum is not the only accomplishment of the newly created Institute. In November
2001 ILST hosted a symposium titled, “Information Gathering in the 21st Century.” The symposium
focused on rapid advances in information gathering, and how they have affected traditional civil liberties,
including the right to privacy. Seton Hall Law School Professors Judson Jennings and Daniel Solove were
joined in the discussion by some of the nation’s leading privacy experts including Professors Joel
Riedenberg (Fordham University); Orin Kerr (George Washington University); David Sobel, general
counsel for the Electronic Privacy Information Center; and Carol Aciman, counsel, Skadden Arps.
The ILST faculty is also producing a significant amount of scholarship. Articles by Institute faculty will be
published in the Stanford Law Review, University of Chicago Law Review, California Law Review, UCLA Law
Review, Law and Contemporary Problems, Virginia Journal of Law and Technology, and UC-Davis Law Review.
In addition, Professors Ku and Solove have each authored casebooks for Aspen Publishing. Professor Ku’s
casebook on Cyberspace Law has just been released. Professor Solove’s book on Information Privacy will
be published in the spring.
In early 2002, Seton Hall University School of Law and the New Jersey Institute of Technology
established a joint degree program to meet the increased demand for lawyers with a scientific background.
For more information on the Institute for Law, Science and Technology please contact James Lanshe at
(973) 642-8530, lasheja@shu.edu, or visit law.shu.edu.
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THE MICHAEL J.
KOSLOSKI
FOUNDATION SCHOLARSHIP
The Michael J. Kosloski Foundation was conceived to
honor Mr. Kosloski’s memory and to offer students of Polish
descent financial assistance in their pursuit to become
attorneys and medical doctors. Throughout his life, he felt
both professions were underrepresented in the Polish
community and it was his wish that a greater number of
young people would consider entering those fields.
In its first year of existence in 2001, the Foundation awarded two scholarships of $5,000 each to two
students at Seton Hall University School of Law, and two scholarships to two students at UMDNJ.
The Foundation will promote these scholarships in perpetuity, and men and women of Polish descent
are encouraged to apply. In addition, two scholarships of $1,000 each have been presented to high
school students who raised puppies for The Seeing Eye in Morristown, N.J., a charity Mr. Kosloski
greatly respected and admired.
Born in Shenandoah, Penn., Mr. Kosloski was committed to promoting his Polish heritage and assisting
people of that ethnicity. Extremely active in the Polish community as well as the Polish church, he was
instrumental in establishing English as a second language for newly arrived immigrants. He was
involved with the creation of the Polish Pulaski Savings Bank and he offered legal assistance to St.
Stanislaus Parish enabling it to secure parcels of land from the city of Newark. His fluency in Polish,
German and Italian enabled him to serve as court interpreter in disputed estates where foreign
nationals were involved. Consistently, he counseled, aided, and advised young people on the need to
further their education.
At a very early age Kosloski and his family relocated to Newark where he attended St. Stanislaus
Elementary School, Barringer High School and John Marshall Law School, which Seton Hall ultimately
adopted. Following his graduation from law school, he was drafted into the Armed Services and
served with the Air Force Intelligence Unit in Cerignola, Italy. Four years later he was honorably
discharged as captain. He returned to Newark where he obtained a position with the Essex County
Prosecutor’s Office while awaiting his admission to the New Jersey Bar. Concurrent with his work at
the prosecutor’s office, he attended and graduated from the F.B.I. Academy.With his admission to the
bar, his career as an attorney began when he opened his office in Irvington, N.J., subsequently
relocating to South Orange. He died in 1998.
For more information on the Michael J. Kosloski Foundation scholarship, please call (973) 642-8512.
SETON HALL LAW
7
ALUMNI
seton hall university school of law
UPDATE
Alumni Honorees
Extraordinary achievement, service, moral character, and
commitment are among the criteria considered by the Seton
Hall Law School Alumni Council when choosing alumni who
have succeeded in the professional arena. Contributions to
the law – whether on the bench or in the bar, through pro bono,
public or community service – are all factors that affect the
Alumni Council’s final recommendation. While many are
worthy of consideration, one individual usually stands out
among the rest. This year, Edward B. Deutsch ’71, the managing
partner of McElroy, Deutsch & Mulvaney, was the recipient of
the Distinguished Alumnus Award.
In addition to the Distinguished Alumnus Award, the
Law School honored for the second time a Young Alumnus
of the Year. Chosen with the same criteria in mind,
Patrick C. Dunican Jr. ’91, was this year’s recipient.
Edward B. Deutsch ’71, truly exemplifies the finest qualities that Seton Hall University School of Law seeks to instill in
its student body. Mr. Deutsch and his partner, James M. Mulvaney, ’75, founded what is now McElroy, Deutsch & Mulvaney,
LLP, in 1983.They were joined in 1985 by the Honorable William T. McElroy, who, sadly, passed away in January 2001.
With its primary location in Morristown, N.J., the firm also maintains offices in Ridgewood, N.J., Denver, Colo., and New
York City.The firm’s growth and acknowledged success are due in large measure to Mr. Deutsch’s leadership as managing
partner, but he is quick to credit the large number of Seton Hall Law School graduates within the firm who have made a
significant contribution to McElroy, Deutsch & Mulvaney’s stature in the profession.
For more than 30 years, Mr. Deutsch has excelled as a trial and appellate lawyer, successfully representing clients in matters
spanning virtually all phases of commercial and corporate litigation, as well as counseling clients in all aspects of the
insurance industry. Certified as a civil trial attorney by the New Jersey Supreme Court, his practice has taken him to every
state and federal courthouse in New Jersey and to many other states and federal districts. In 1992, the American College
of Trial Lawyers inducted him as a Fellow of the College and he served as the New Jersey State Chair for two years. He is
a member and former trustee of the Trial Attorneys of New Jersey, a Fellow of the American Bar Foundation and a Fellow
of the International Society of Barristers. He also served as a master in the Worrall F. Mountain Inns of Court, and is a
member of the Morris, Essex, New Jersey State, and American Bar Associations.
In keeping with the tradition of Seton Hall Law School graduates, Mr. Deutsch maintains a close relationship
with the Law School, having participated in the education of law students as a guest lecturer and adjunct professor. He also
served as the chair of the Law School Steering Committee for the Seton Hall Campaign. Under his guidance, the campaign
raised more than $5 million for the new Law School.
Again, following the path of other graduates, Mr. Deutsch is an active and vital member of his community. He has served
and participates in countless charitable causes, including the Cystic Fibrosis Foundation and the Resource Center for
Women and Their Families of Somerset County.
In 1998, Mr. Deutsch founded The Bank of the Somerset Hills in Bernardsville, N.J., and Mendham, N.J., where he
serves as chairman of the Board of Directors. The bank is one of the fastest growing and most successful new
community banks in the state.
He and his wife, Nancy, reside in Basking Ridge, N.J., and are active members of the Basking Ridge Presbyterian Church
where he has served as an elder and trustee. He has also been counsel to The Presbyterian Church U.S.A. They have a
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1971
E DWA R D B . D E U T S C H
M c E L ROY, D E U T S C H & M U LVA N E Y
M A N A G I N G PA RT N E R
1991
P AT R I C K C . D U N I C A N J R .
A D M I N I S T R AT I V E PA RT N E R , N E W YO R K O F F I C E
G I B B O N S , D E L D E O, D O L A N , G R I F F I N G E R & V E C C H I O N E , P. C .
daughter Lydia, who attends Kent Place School in Summit; a son, Jeff, a businessman, who is married and lives and works in
Crested Butte, Colo.; and a daughter, Elizabeth, who lives with her husband and two children in Rhode Island, where she is a
nurse at Rhode Island Hospital.
The entire Seton Hall Law School community extends its hearty congratulations to Mr. Deutsch for his distinguished service
to his profession, his community and his Law School.
Patrick C. Dunican Jr., the 2002 Young Alumnus of the Year, is a 1991 cum laude graduate of Seton Hall University School
of Law. While at the Law School, he served as the editor-in-chief of the Seton Hall Law Review.
Upon graduation from the Law School, Mr. Dunican served as a law clerk to the Honorable Clarkson S. Fisher in the
U.S. District Court for the District of New Jersey. In 1992, he joined the law firm that is now known as Gibbons, Del
Deo, Dolan, Griffinger & Vecchione, P. C. A litigator, Mr. Dunican became one of the youngest partners ever to be
elected by the firm in 1999.
Having opened the firm’s New York office in 1997, he serves as its administrative partner. During his tenure, he has overseen
growth in the office from three attorneys to nearly 40 by April of 2002. Mr. Dunican currently is managing the relocation of
the New York office to larger premises during the summer of 2002, predicting growth to 50 attorneys by the end of 2002.
He serves as the youngest ever member of the firm’s Executive Committee, as well as co-chairman of its Strategic Growth
Committee. He represents several renowned international organizations.
Mr. Dunican was as an adjunct professor of legal research and writing at the Law School from 1993 through 1997. He served
on the Law School Alumni Council from 1993 through 2001 and has been a member of the Red Mass Committee since
1991. He is a member of the American Bar Association, the Essex County Bar Association, the Association of the Federal Bar
for the District of New Jersey, the New Jersey State Bar Association, the New York State Bar Association, the New York
Federal Bar Council, the New York County Lawyers’ Association and the Association of the Bar of the City of New York. He
is admitted to practice in New York and New Jersey and before the U.S. Courts of Appeals for the Second,Third and Federal
Circuits, the U.S. District Court for the District of New Jersey and the Southern, Eastern, Western and Northern Districts
of New York. Recently, he successfully represented, pro bono, the family of a World Trade Center victim in a matter in
which an insurance company denied payment of life insurance proceeds because all of the employers’ records were
destroyed in the collapse of the towers. He is a 1988 graduate of Iona College in New Rochelle, N.Y. He and his wife,
Christina, have a baby daughter.
SETON HALL LAW
9
FEATUR
seton hall university school of law
FACULTY
DA N I E L J . S O L OV E
P R I VA C Y & P O W E R : C O M P U T E R DATA B A S E S &
M E TA P H O R S F O R I N F O R M AT I O N P R I VA C Y
5 3 S TA N . L . R E V. 1 3 9 3
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2001
Journalists, politicians, jurists, and legal academics often describe the problem
created by databases with the metaphor of Big Brother — the harrowing
totalitarian government portrayed in George Orwell’s 1984. Professor Solove
argues that this is the wrong metaphor. Conceptualizing the database problem
with the Big Brother metaphor reflects an outdated paradigm. Under this
paradigm, privacy is invaded by uncovering one’s hidden world, by
surveillance, and by the disclosure of concealed information. The harm caused
by such invasions consists of self-censorship, embarrassment, and damage to
reputation. Privacy law has developed with this paradigm in mind, and
consequently, it has failed to adapt to grapple effectively with the database
problem. Professor Solove argues that the problem is better captured by Franz
Kafka’s The Trial — a process of bureaucratic indifference, arbitrary errors, and
dehumanization, a world where people feel powerless and vulnerable, without
any meaningful form of participation in the collection and use of personal
information. He then explores the implications of conceptualizing the problem
in this way for the law of information privacy.
We are in the midst of an information revolution, and we are only beginning to
understand its implications. In the past decade, we have undergone a dramatic
transformation in the way we shop, bank, and go about our daily business –
changes that have resulted in an unprecedented proliferation of records and
data. The small details that were once captured in dim memories or fading
scraps of paper are now preserved forever in the digital minds of computers,
vast databases with fertile fields of personal data.
Companies are constructing gigantic databases of psychological profiles,
amassing data about an individual’s race, gender, income, hobbies and
purchases. It is ever more possible to create an electronic collage that covers
much of a person’s life – a life captured in records, a digital biography
composed in the collective computer networks of the world. Since their
creation, computer databases have been viewed as problematic – a fear
typically raised under the mantra of “privacy.” Databases certainly present a
privacy problem, but what exactly is the nature of that problem? Although the
problem of databases is understood as one of concern over privacy, beyond
this, the problem is often not well defined. How much weight should our vague
apprehensions be given, especially considering the tremendous utility, profit
and efficiency of using databases? The answer to this question depends upon
how the privacy problem of databases is conceptualized. Unfortunately, so far,
the problem has not been adequately articulated.
SETON HALL LAW
11
FACULTY FEATURE
seton hall university school of law
BIG BROTH
VS
The most widely discussed metaphor in the discourse of information
privacy is George Orwell’s depiction of Big Brother in Nineteen
Eighty-Four. Big Brother is an all-knowing, constantly vigilant
government that regulates every aspect of one’s existence – even
one’s private thoughts. In every corner are posters of an enormous
face, with “eyes [that] follow you about when you move” and the
caption, “BIG BROTHER IS WATCHING YOU.”
This terrifying totalitarian state achieves its control by targeting the
private life, employing various techniques of power to eliminate any
sense of privacy. Big Brother views solitude as dangerous. Its
techniques of power are predominantly methods of surveillance.
Big Brother is constantly monitoring and spying; uniformed patrols
linger on street corners; helicopters hover in the skies, poised to
peer into windows. The primary surveillance tool is a device called
a “telescreen” which is installed into each house and apartment.The
telescreen is a bilateral television – individuals can watch it, but it
also enables Big Brother to watch them.
The collection of information in cyberspace can be readily analogized
to the telescreen. As we surf the Internet, information about us is being
collected. Many commentators contend that this collection of data is a
form of surveillance, which leads to self-censorship and inhibition.
The Big Brother metaphor, however, has significant limitations for
the database privacy problem. The metaphor depicts a particular
technique of power – surveillance. Certainly, monitoring is an aspect of
information collection, and databases may eventually be used in ways
that resemble the disciplinary regime of Big Brother. However, most of
the existing practices associated with databases are quite different in
character. Direct marketers wish to observe behavior so they can tailor
goods and advertisements to individual differences. True, they desire
consumers to act in a certain way (to purchase their product), but
their limited attempts at control are far from the repressive regime of
total control exercised by Big Brother.
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ER
KAFKA
Although the effects of surveillance are certainly a part of
dossier on him.The Court is clandestine and mysterious,
the database problem, the heavy focus on surveillance
and court records are, “inaccessible to the accused.”
miscomprehends the most central and pernicious
effects of databases. Understanding the problem as
surveillance fails to account for the majority of our
activities in the world and web. A large portion of our
personal information involves facts that we are not
embarrassed about: our financial information, race, marital
status, hobbies, occupation, and the like. Most people surf
the web without wandering into its dark corners. The
vast majority of the information collected about us
concerns relatively innocuous details. The surveillance
model does not explain why the recording of this nontaboo information poses a problem. The focus of the
surveillance model is on the fringes and often involves
behaviors we may indeed want to inhibit such as cult
activity, terrorism and child pornography.
Franz Kafka’s harrowing depiction of bureaucracy in The
Trial is the most appropriate metaphor to capture the
problem with databases. The Trial opens with the
protagonist, Joseph K., awakening one morning to find a
group of officials in his apartment, who inform him that he
is under arrest. K. is bewildered at why he has been placed
under arrest.“I cannot recall the slightest offense that might
be charged against me. But even that is of minor
importance, the real question is, who accuses me? What
authority is conducting these proceedings?” When he asks
why the officials have come to arrest him, an official replies,
“You are under arrest, certainly, more than that I do not
know.” Instead of taking him away to a police station, the
officials mysteriously leave.
Kafka’s The Trial best captures the scope, nature and
effects of the type of power relationship created by
databases. Kafka depicts an indifferent bureaucracy, where
individuals are pawns, not knowing what is happening,
having no say or ability to exercise meaningful control
over the process. This lack of control allows the trial to
completely take over Joseph K.’s life. The Trial captures the
sense of helplessness, frustration, and vulnerability one
experiences when a large bureaucratic organization has
control over a vast dossier of details about one’s life. At
any time, something could happen to Joseph K.; decisions
are made based on his data, and Joseph K. has no say, no
knowledge and no ability to fight back. He is completely
at the mercy of the bureaucratic process.
As understood in light of the Kafka metaphor, the primary
problem with databases stems from the way the
bureaucratic process treats individuals and their
information. The problem with databases emerges from
subjecting personal information to the bureaucratic
process with little intelligent control or limitation, resulting
in a lack of meaningful participation in decisions about
our information. Bureaucratic decision making processes
are being exercised ever more frequently over a greater
sphere of our lives, and we have little power or say within
such a system, which tends to structure our participation
along standardized ways that fail to enable us to achieve
our goals, wants and needs.There is no diabolical motive
or secret plan for domination. Rather, there is a web of
thoughtless decisions made by low-level bureaucrats,
Throughout the rest of the novel, Joseph K. begins a
standardized policies, rigid routines, and a way of relating
frustrating quest to discover why he has been arrested
to individuals and their information that often becomes
and how his case will be resolved. A vast bureaucratic
indifferent to their welfare.
court has apparently scrutinized his life and assembled a
SETON HALL LAW
13
THE PROBLEMS
OF
PRIVACY
Throughout this century, a distinctive domain of law relating
to privacy has begun to develop. Privacy law consists of a
mosaic of various types of law: tort law, constitutional law,
federal and state statutory law, evidentiary privileges,
property law and contract law. Privacy law was developed
largely to address privacy problems of disclosure and
surveillance, and consequently was aimed at protecting
secrets and concealed information. Under this view, privacy
is invaded by incursions into one’s hidden world, by
watching and by public disclosure of confidential
information.With its extensive focus on surveillance, the Big
Brother metaphor merely reinforces this old paradigm.
The highly influential 1890 article by Samuel Warren and
Louis Brandeis, The Right to Privacy, is considered by many
as one of the primary foundations of privacy law in the
United States. The article recommended the creation of
tort remedies to protect privacy, and today, there are four
torts that have been inspired by the article: (1) intrusion
upon seclusion; (2) public disclosure of private facts; (3)
false light or “publicity”; and (4) appropriation.
14
information by the database industry, the tort of private facts
appears designed to redress excesses of the press and is
accordingly focused on the widespread dissemination of
personal information in ways that become known to the
plaintiff. In contrast, the disclosure of personal information
through the use and sale of databases is often small and
done in secret. It would be difficult for a plaintiff even to
discover that such sales or disclosures have been made. Even
if marketers disclosed information widely to the public, the
tort is limited to “highly offensive” facts, and most facts in
databases would not be highly offensive if made public.
The tort of false light is primarily a variation on the
defamation torts of libel and slander, protecting against
the giving of “publicity to a matter concerning another
that places the other before the public in a false light”
that is “highly offensive to a reasonable person.” False
light protects one’s reputation, but the type of
information collected in databases often is not harmful
to one’s reputation.
The tort of intrusion protects against the intentional
intrusion into one’s “solitude or seclusion” or “his private
affairs or concerns” that “would be highly offensive to a
reasonable person.” Although this tort could be applied to
the information collection techniques of databases, most
of the information collection is not “highly offensive to a
reasonable person.” Each particular instance of collection
is often small and innocuous; the danger is created by the
aggregation of information, a state of affairs typically
created by hundreds of actors over a long period of time.
The tort of appropriation occurs when, “One who
appropriates to his own use or benefit the name or likeness
of another.” The tort’s focus on protecting the commercial
value of personal information has often prevented it from
being an effective tool in grappling with the database
privacy problem.The appropriation tort aims at protecting
one’s economic interest in a form of property and is most
effective at protecting celebrities who have created value in
their personalities. This is not the same interest involved
with privacy, which can be implicated regardless of the
economic value accorded to one’s name or likeness.
The tort of private facts creates a cause of action when one
makes public “a matter concerning the private life of
another” in a way that “(a) would be highly offensive to a
reasonable person, and (b) is not of legitimate concern to
the public.” Although this tort could conceivably be applied
to certain uses of databases, such as the sale of personal
Even if it were possible to eliminate these difficulties with
some minor adjustments to the privacy torts, the privacy
problem with databases transcends the specific injuries and
harms that the privacy torts are designed to redress. By its
nature, tort law looks to isolated acts, to particular
infringements and wrongs. The problem with databases
www.law.shu.edu
seton hall university school of law
FACULTY FEATURE
LAW
does not stem from any specific act but is a systemic issue of power
caused by the aggregation of relatively small actions, each of which when
viewed in isolation would appear quite innocuous.This is referred to as the
“aggregation problem” – the fact that the whole is greater than the parts.
In other words, the problem emerges when individual information
transactions, combinations, lapses in security, disclosures, or abusive uses
are viewed collectively.
Attempts to use the Constitution to protect information privacy have
similarly failed by misconstruing the problem. At the outset, the
Constitution only protects against state action, and many databases
belong to the private sector. For example, the Fourth Amendment
protects only against government infringements and does nothing
to control the collection and use of information by private
bureaucracies. To the limited extent to which the Fourth Amendment
can be applied to databases, the Court has held in a series of cases that
there is no reasonable expectation of privacy in information in records
maintained by third parties.
In the 1977 decision, Whalen v. Roe, the Court extended its substantive
due process privacy protection to information privacy. The Court held
that the constitutionally protected “zone of privacy” extends to two
distinct types of interests: (1) “independence in making certain kinds of
important decisions”; and (2) the “individual interest in avoiding
disclosure of personal matters.” The latter interest was one that the
Court had previously not defined and today it has become known as
the “constitutional right to information privacy.” However, the
constitutional right to information privacy focuses on disclosures of
information, and hence has not worked well to address the database
privacy problem which is not primarily one of disclosure.
In its privacy legislation, Congress has sometimes looked beyond the
old paradigm of privacy as protecting one’s hidden world, although its
privacy statutes often have failed to address the problem adequately.
The Fair Credit Reporting Act (FCRA) of 1970, which regulates the
information use practices of credit reporting companies, fails to
adequately restrict secondary uses and disclosures of that information.
The FCRA permits credit reporting companies to sell the “credit header”
SETON HALL LAW
15
FACULTY FEATURE
seton hall university school of law
portion of credit histories (which contains names, addresses, former
addresses, telephone number, Social Security number, employment
information and birth date) to various commercial entities.
The Privacy Act of 1974, regulates the collection and use of records
by federal agencies, giving individuals the right to access and correct
information held by federal agencies. The Privacy Act was a good
beginning, but it remains incomplete.The Privacy Act is limited only to
the public sector, having no applicability to the use of databases by
marketers.The Act applies only to federal, not state and local agencies.
The Cable Communications Policy Act (CCPA) of 1984 requires cable
operators to inform subscribers about the nature and uses of personal
information collected.The law prohibits any disclosure that reveals the
subscriber’s viewing habits. The statute, however, applies only to cable
operators and it has a broad exception where personal data can be
disclosed for a “legitimate business activity.”
In 1986, Congress modernized wire-tapping and eavesdropping laws
when it passed the Electronic Communications Privacy Act (ECPA).
The ECPA restricts the interception of transmitted communications
and the searching of stored communications. The focus of the law,
which draws heavily from the Big Brother metaphor, is on
eavesdropping and monitoring of communications. The ECPA does
not otherwise limit the collection and use of personal data. Furthermore, providers of Internet services are exempted from the ECPA
and are free to examine the email of their subscribers.
The Video Privacy Protection Act (VPPA) of 1988 prohibits video
tape service providers from knowingly disclosing personal
information, such as titles of video cassettes rented or purchased,
without the individual’s written consent.The statute, however, permits
the disclosure of the subject matter of video rentals to marketers.The
VPPA only applies to video cassette tapes, and no similar restrictions
are placed on bookstores, record stores, or any other type of retailer,
magazine producer, or catalog company.
In 1994, Congress addressed the longstanding practice of many states
of selling personal information in their motor vehicle records to
marketers.The Driver’s Privacy Protection Act of 1994 (DPPA) limits
this practice, forcing states to acquire a driver’s consent before
disclosing personal information to marketers. Although the DPPA is
an important step in controlling government disclosures of personal
information to the private sector, it applies only in the context of
motor vehicle records. States are not limited in disclosing information
contained in the numerous other forms of records they maintain.
16
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The Children’s Online Privacy Protection Act (COPPA) of
1998 regulates the collection of children’s personal
information on the Internet. Websites targeted at children
must post privacy policies and must obtain “parental
consent for the collection, use, or disclosure of personal
information from children.” But the law’s reach is limited.
The COPPA applies only to, “an operator of any website
or online service directed to children, . . . or the operator . . .
that has actual knowledge that it is collecting personal
information from a child.” Moreover, the law applies only
to website operators who collect personal information
from children under age thirteen.
complicated patchwork of regulation with significant gaps
and omissions. For example, federal regulation covers
federal agency records, educational records, cable
television records, video rental records, and state motor
vehicle records, but it does not cover most records
maintained by state and local officials, as well as a host of
other records held by libraries, charities and merchants
(i.e., supermarkets, department stores, mail order
catalogs, bookstores, and the like).
Finally, in practice many of Congress’ laws are difficult
to enforce. It is often difficult, if not impossible, for
an individual to find out if
information has been disclosed. The
trade in personal information is a
In its privacy legislation,
clandestine underworld, one that
Congress has sometimes
is not exposed sufficiently by fedlooked beyond the
eral privacy regulation to enable
effective enforcement.
old paradigm of privacy
The Gramm-Leach-Bliley Act of
1999 permits banks, insurers and
investment companies that are
affiliated to share the “nonpublic
personal information” that each
affiliate possesses. Affiliates must tell
customers that they are sharing this
as protecting one’s hidden Understanding the database privacy
information, but there is no way for
problem in terms of the Kafka
world, although its
individuals to block this sharing of
metaphor illustrates that the problem
privacy statutes often
information. People can only optwith databases concerns the use of
information, not merely keeping it
out of the disclosure of their data
have failed to
secret. Information about an individual
to third parties. Given the large
address the problem
is often not secret, but is diffused in
conglomerates of today’s corporate
adequately.
the minds of a multitude of people
world, affiliate sharing is significant.
and scattered in various documents
Further, the Act applies only to
and computer files across the country.
“nonpublic” information, and much
Few
would
be
embarrassed
by the disclosure of much of
of the information aggregated in data-bases (such as
the
material
they
read,
the
food
they eat or the products
one’s name, address, and the like) is traditionally
they
purchase.
Few
would
view
their
race, ethnicity, marital
considered to be public.
status or religion as confidential. Of course, databases may
In sum, the federal laws are a start, but they often
contain the residue of scandals and skeletons – illicit
misapprehend the nature of the problem because they
websites, racy books, stigmatizing diseases — but since
give people only a very limited form of control over only
information in databases is rarely publicized, few
some of their information and often impose no system
reputations are tarnished. For the most part, the data is
of default control on other holders of such information.
processed impersonally by computers without ever being
Although the statutes help in containing the spread of
viewed by the human eye. Much of the privacy as secrecy
information, they often fail to adequately address the
conception focuses on breach of confidentiality, harmed
underlying power relationships and contain broad
reputation and unwanted publicity. But since these harms
exceptions and loopholes that limit their effectiveness.
are not really the central problems of databases, privacy
law often concludes that the information in databases is not
Furthermore, the federal statutes cover only a small
private and is thus not entitled to protection.
geography of the database problem. They form a
SETON HALL LAW
17
AN AGENDA FOR
A
The Kafka metaphor illustrates that the problem runs
deeper than disclosure and that at the core it concerns
the fact that our personal information is not only out of
our control, but also is often placed within a bureaucratic
process that lacks control and discipline in handling and
using such information. Although the federal statutes are
better at addressing this problem than the privacy torts,
the constitutional right to information privacy, or the
Fourth Amendment, they remain severely limited.
Therefore, a set of laws and rights is necessary to govern
our relationship with bureaucracies. These laws must
consist of more than default rules that can be contracted
around or property entitlements that can be bartered
away. The market-based solutions work within the
existing market. The problem with databases is the very
way that the market deals with personal information, a
problem in the nature of the market itself that prevents
fair and voluntary information transactions.
First, in light of the revolution in accessibility provided by
modern computer capabilities and the Internet, we
must rethink the accessibility of the information in
public records. Second, courts must abandon the
notion that privacy is limited to concealing or withholding
information, and must begin to recognize that accessibility
18
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SO
and uses of information – not merely disclosures of secrets
– can threaten privacy. Third, the current self-regulatory
and legislative solution of enabling people to opt out of
having their data collected or disseminated is ineffectual.
Providing people with opt-out rights and privacy policies
does little to give individuals much control over the
information collected and used. Regulation mandating that
consumers opt-in rather than opt-out will more effectively
control the flow of information between unequal parties.
Under a system where individuals opt-in, the default rule is
that personal information cannot be collected or used
about an individual unless the individual provides consent.
Fourth, regulation is necessary to ensure that the private
sector undertakes adequate security measures. Although
frequently used by companies as passwords for access to
sensitive personal records, an individual’s Social Security
number and mother’s maiden name are not always private,
since they are contained in birth records and other public
records such as bankruptcy records. Governments are
keeping this information public despite the widespread
practice of using such information to gain access to other,
more personal information. At the same time,
governments are not doing anything to regulate what
types of information companies can use as security
passwords. As a result, there is little security over our
personal information which affects our professions, our
finances and our reputations.
seton hall university school of law
FACULTY FEATURE
LUTION
Solving the problem requires meaningful limits on how data can be
used – limits that are clear rather than ambiguous and amorphous. It
involves the basic guarantees to people that their information is being
treated thoughtfully, that they are being treated with respect and
dignity, that they are informed when they disclose information, and
that they have meaningful participation in the use of the information.
Too often, commentators and policy makers have been focusing on
the wrong evils when addressing the database problem, a focus that
has led to more apprehension than action. Today, we are living a
precarious existence at the mercy of impersonal bureaucracies that
have an unprecedented amount of power over us. While we fear
sinister motives and designs for social control, we neglect to see the
harrowing world that is actually being created by the thoughtless and
impersonal practices of bureaucracy. That world is not merely a
frightening possibility like Big Brother—it is more and more the world
we are currently living in.
SETON HALL LAW
SETON
19
OPPORTUNITIES
seton hall university school of law
Contributed
By Noreen
Seebacher
20
www.law.shu.edu
LEGAL EDUCATION
OPPORTUNITIES
George Caceres ’85, considers himself a poor test-taker.
Michael Shipp ’94, concedes his grades as an undergraduate were lower than his abilities. Nonetheless, both
have built successful careers in the law thanks in part to an
innovative program at Seton Hall Law School’s Monsignor
Thomas Fahy Legal Education Opportunity Institute. The
program was named for the late president of Seton Hall
University, who is credited with working to promote
diversity throughout the institution.
Known informally as LEO, the Legal Education
Opportunities Institute was established 25 years ago to
provide low-income and educationally disadvantaged
applicants with the opportunity to overcome past
performance, and provide a more accurate assessment of
their abilities. Once accepted into the program, the
students are expected to complete a regular first year
course and a course in legal methods. Their work in the
program gives the faculty an extra tool to assess their
abilities, and also gives students perspective on their
probability of success in Law School.
Two New Jersey State judges and
LEO alumni are the Honorable
Karimu Hill Harvey ’83, and the
Honorable Michael J. Nelson ’81.
INSTITUTE OPENS DOORS
LEO consists of a full-time, eight-week summer course
designed to strengthen both the analytical and writing
skills of Law School applicants who have had a
historical educational or economic disadvantage. Most
of them failed to perform well by traditional
admissions standards.
Law Professor Ahmed Bulbulia said the program was
designed to give students a chance to prove
themselves. “It was a firm belief of the faculty that
there were many talented individuals who, given the
chance, would be competent lawyers,” said Prof.
Bulbulia, who has been involved with the program
since it started in 1977 and served as its director for
more than a decade.
Brenda Saunders Hampden, an associate professor
of law, succeeded Professor Bulbulia in April 2001.
Professor Saunders Hampden graduated from
Seton Hall Law School the same year the LEO
Program began, and was a student representative
on the organizing committee. She said research has
demonstrated a degree of cultural bias on entrance
exams, which sometimes translates into lower
scores for students from challenged economic or
educational backgrounds.
Students who perform well in the LEO Program are
admitted to the Law School, where they compete on
an equal basis with other students. In a typical
summer session, about 30 students participate in the
program, and about 20 to 25 of them are admitted.
Professor Bulbulia described them as “just as talented
as any other students.”
Throughout the years, participants have ranged from
graduates of inner city high schools with disadvantaged academic preparation to children of financially
struggling immigrants. Seton Hall professors describe
them as students with both the ability and motivation
to succeed, despite lower grade point averages or
standardized test scores.
Wilfredo Caraballo, professor of law, former LEO
director and member of the New Jersey State
Assembly, considers the program a way to reach out
Brenda Saunders Hampden ’77, associate
professor of law and director of the LEO
Institute, worked with faculty to create LEO
25 years ago.
to disadvantaged students.The program is about giving
a break to students who have something about them
that warrants giving them a chance,” he explained.
Professor Caraballo understands the reality of
economic and educational challenges. He views the
LEO program as an opportunity to provide some of
that same support to others from similar
backgrounds.“I grew up poor in a single parent home
in the heart of the south Bronx,” he recalled. “I
attended public schools. But I lucked out. I found
people along the way to encourage me and serve as
role models.”
Since the program began, approximately 550 LEO
participants have graduated from the Law School.
Because the graduates represent a wide range of
ethnic backgrounds, the LEO program is also credited
with promoting diversity within the Law School and
the legal profession.
SETON HALL LAW
21
One LEO graduate, the Honorable Karimu F. HillHarvey ’83, is a municipal court judge in East Orange,
N.J., where she also maintains a private practice. She
said she wanted to become a lawyer, “because of my
assertive personality and I felt I could be a successful
change agent to promote justice, and be a proactive
role model for people of color.”
Two successful alumni are Karol Corbin Walker
’86, left, and Vivian Sanks King ’85. Ms. Corbin
Walker is president-elect for the New Jersey State
Bar Association and Ms. Sanks King is Vice
President for Legal Management at UMDNJ. Ms.
Sanks King also is a recipient of The Law School’s
Distinguished Graduate Award for 1995.
Like many LEO participants, she said her challenge
was low test scores. She had little test taking
preparation during her years at Montclair High
School, where her counselor once told her she was
not college material. She worked as a secretary,
flight attendant and newspaper reporter before she
decided to prove the counselor wrong. She enrolled
at Seton Hall University as an undergraduate, and
earned a bachelor’s degree in communications.
Despite her success, she was still apprehensive about
attending Law School. The LEO Program allowed her
to prove to both herself and the faculty that she could
handle the work.
Karol Corbin Walker ’86, lives with her husband in
Morris Township, N.J. But she spent her childhood in
Jersey City, N.J., where she attended public schools
and what is now New Jersey City University.
Although she did well in college, she said she did not
perform well on standardized tests. To prove her
ability, she applied to the LEO Program.
“It was one of the most arduous encounters I had
experienced up to that point in my life. However, it
also provided me the chance to demonstrate that I
could succeed in law school,” she said. “Many of the
LEO graduates have not only exceeded the
expectations of the program, but aside from this, have
excelled beyond some of the top students in their law
school classes.
“Many of us have broken barriers within the legal
community,” said Ms. Corbin Walker, 43, a partner
in the Newark law firm of St. John & Wayne, L.L.C.
She was the first African-American woman to
become a partner at a major law firm in New Jersey,
and, in 2003, will become the first African-American
president of the New Jersey State Bar Association.
22
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“It gave me a taste of success and a desire to
succeed,” she said. Now 50, she lives in South
Orange, N.J., with her husband and two children.
One of her children is now an undergraduate
at Seton Hall.
Mr. Caceres, 45, was born in Cuba and reared in West
New York, N.J. He was the son of working class
parents, neither of whom went to school beyond the
third grade. Nonetheless, they encouraged him to
attain what they never had, professionally and
academically. He described the LEO Program as a
place where students get to prove their abilities on a
case by case basis.
“It is premised on the principle that not scoring well
on standardized tests, doesn’t mean you can’t still
compete,” he continued.
Mr. Caceres attended parochial school, graduated with
a bachelor’s degree in criminal justice from the
University of New Haven, Conn., and, in 1979, became
the first Cuban-born New Jersey State Trooper.
Several years later, he pursued his ambition to attend
law school. But even though he graduated with honors
from the University of New Haven, he said he had low
Mr. Caceres now works as a certified criminal trial
attorney with Ginarte O’Dwyer Winograd & Laracuente,
the largest Hispanic-owned and operated law firm in
New Jersey.“If you apply yourself, you can do anything.
The only difference between one individual and
another is that one may have to apply himself more
than the other,” said Mr. Caceres, who lives in Bergen
County, N.J., with his wife and two children.
Ms. Corbin Walker stressed that participation in the
LEO program was an opportunity, not a gift.“During
my years at Seton Hall, I encountered several
individuals who initially believed that because I was
a LEO participant, my skills were not on par with
their own. They quickly learned that was not the
case,” she said.
The LEO Program is a way for participants to
provide evidence of abilities that may be masked by
their prior academic records.
As Professor Caraballo explained, LEO, and programs
like it, allow admission committees to consider
additional factors beyond qualifying entrance exam scores
and grade point average, and consider factors including
the early educational background of the applicant.
Mr. Shipp, for example, applied to law school despite
the fact that he had less than a B average at Rutgers
University. He blames his grades primarily on
immaturity, and the fact that he “had a lot of growing
up to do” as an undergraduate.
seton hall university school of law
entrance exam test scores. He described the LEO
program as a critical stepping-stone to his goal.
He attended the Passaic County Technical and
Vocational School even though he planned to go to
college because Passaic County was perceived to be
the best public school available at the time.
After graduation, he enrolled at Rutgers. He
graduated with a bachelor’s degree in economics,
and went on to a successful career at Sprint, where
he earned four promotions in as many years. “But I
felt like I cheated myself. It got harder and harder to
go to work each day because I really wanted to go
to law school,” he said.
He believes the LEO Program gave him a realistic
expectation of the work he would be asked to handle
in law school.“It was like a slap in the face, a chance to
discover how difficult it would be. It excited me, and
jump-started my transition from the workplace back
to the classroom.”
Mr. Shipp, 36, now works in the Newark offices of
Skadden Arps Slate Meagher & Flom, where he specializes
in employment litigation. He lives in Princeton with his
wife Michele Meyer-Shipp, ’95, and their three children.
For faculty members who have been involved with the
LEO Program, one of the pleasures has been watching
the success of the graduates. “When they come back,
it’s like seeing a child who has grown up,” Professor
Bulbulia said. “You have memories of them as dazed
law students who didn’t understand what was going
on, and now they are accomplished attorneys.”
All of them have the same message for their former
professors: “Thanks for the opportunity.”
His grades may also reflect limited preparation for
college-level work. Mr. Shipp grew up in Paterson, N.J.
“The program is about giving a break to students who have
something about them that warrants giving them a chance.”
– Wilfredo Caraballo,
Professor of Law
SETON HALL LAW
23
seton hall university school of law
“You need to separate out what
are core values from what are
simply matters of convenience
or comfortable habits that we
may have to sacrifice.”
– Michael Chertoff
M I C H A E L C H E R T O F F, J . D .
A S S I S TA N T AT TO R N E Y G E N E R A L I N T H E
D E PA RT M E N T O F J U S T I C E ,
DELIVERS 2002 COMMENCEMENT ADDRESS
326 Seton Hall Law School Students
GRADUATE
at the 48th Commencement Exercises
Michael Chertoff, J.D., assistant attorney general in charge of
the United States Department of Justice’s criminal division and
a former United States attorney for New Jersey, delivered the
keynote address at the 48th Commencement Exercises of Seton
Hall University School of Law on May 31. The ceremony was
held at the PNC Bank Arts Center in Holmdel, N.J.
In recognition of his contributions to the law from a career spanning more than 20 years,
Seton Hall Law School bestowed an honorary Doctor of Laws degree upon Mr. Chertoff
during the ceremony. Known for his leadership in high-profile prosecutions of fraud in the
health care and financial industries, as well as environmental crimes, Pres. George W. Bush
nominated Mr. Chertoff to serve as assistant attorney general in the criminal division of
the United States Department of Justice. He was overwhelmingly confirmed by the
United States Senate and endorsed by United States Attorney General John Ashcroft.
24
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Administration and faculty pictured here with Mr. Chertoff are, seated
from left, Kathleen Boozang, associate dean of academics; Kevin
Marino ’84, former president of Seton Hall Law Alumni Association.
The Rev. Nicholas Gengaro, law school chaplin; and John Wefing,
professor of law. Standing, from left, are Msgr. Robert Sheeran,
president of Seton Hall University; Bishop Nicholas DeMarzio,
member, board of regents; Mr. Chertoff; Mel Shay, provost of the
University; Joseph LaSala, member of the board of trustees; and
Patrick Hobbs, dean.
In his position, Mr. Chertoff is responsible for leading the 93 United
States attorney’s offices and overseeing criminal prosecutions
nationwide, including all terrorism-related prosecutions currently
underway in the United States.
Prior to his nomination, he was a partner in the Newark, N.J., firm of Latham and Watkins. In 2000, he served as special
counsel to the New Jersey Senate’s Judiciary Committee, participating in the committee’s inquiry into the New Jersey
State Police and its enforcement practices. In his 10 years as a federal prosecutor, Mr. Chertoff directed major
investigations and headed prosecutions of political corruption, savings and loan fraud and other white-collar crimes. He
also served at various times during those 10 years as United States attorney for New Jersey, first assistant United States
attorney for New Jersey and assistant United States attorney for the Southern District of New York. His prosecutions
led to the conviction of four New Jersey mayors, as well as high-ranking officials of several New Jersey publicly traded
corporations and labor unions. Mr. Chertoff also played a significant role in the United States Senate’s investigation into
Whitewater in 1995 and 1996.
Mr. Chertoff earned a bachelor of arts degree, cum laude, from Harvard University in 1975. He graduated from
Harvard Law School with a Doctor of Laws degree in 1978, where he edited the Harvard Law Review. He also is a
graduate of the London School of Economics.
Following graduation from law school, he served as a law clerk for Supreme Court Justice William J. Brennan. In
1987, he received the United States Department of Justice John Marshall Award for Trial Litigation and the Legal
Award of the Association of Federal Investigators. In 1992, he was recognized with the Anti-Defamation League
of B’nai B’rith’s Distinguished Public Service Award and the United States Department of Health and Human
Services Prosecutive Leadership Award in 1994.
SETON HALL LAW
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seton hall university school of law
P RO F E S S O R
FRANCES MILLER
P RO F E S S O R O F L AW AT
B O S TO N U N I V E R S I T Y S C H O O L O F L AW
2002 MERCK
VISITING
SCHOLARS
Frances Miller and Russell Korobkin
In 1994, with the generous help of Merck & Co., the Health Law & Policy Program at
Seton Hall University School of Law established an annual visiting scholar program to
invite two renowned health law scholars to lecture during the course of the year.Today,
the Merck Visiting Scholar program continues to offer Seton Hall law students the
unique opportunity to learn from nationally recognized law scholars from law and
medical schools across the country. This year, Frances Miller and Russell Korobkin have
accepted our invitations to be the 2002-2003 Merck Visiting Scholars. During their
residence at the Law School, the Merck Scholars will lecture in health law classes and
make presentations to the Law School faculty and the New Jersey bar on current issues
in their areas of expertise.
Frances Miller, professor of law at Boston University School of Law, will be in
residence at Seton Hall Law School from Oct. 10 to 17, 2002. Professor Miller is one of
the foremost experts on American health care law and policy as well as a specialist on
comparative health systems. In 1993 she served as a consultant to the White House Task
26
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P RO F E S S O R
R U S S E L L KO RO B K I N
P RO F E S S O R O F L AW AT T H E
UNIVERSITY OF CALIFORNIA
Force on Health Care Reform. She also has been awarded two Fulbright Scholarships to research the effects
of competition on British health systems, and a Kellogg Foundation National Fellowship to study the delivery
of health care in Europe, Africa, South America, the Middle East and China.
Professor Miller has published extensively on a variety of health law issues, including organ transplantation,
informed consent and fiduciary issues, medical malpractice, competition in health care and antitrust
problems. Forthcoming works include Health Resource Allocation and the Law: Who Gets What and Why?
(A Cross-Cultural Comparison) (Dartmouth Press), and Managed Care Organizations: The Key to Guideline
Implementation? (Nullfield Foundation Press). She received her juris doctorate degree, cum laude, from
Boston University School of Law, and her undergraduate degree from Mount Holyoke College.
Russell Korobkin, a professor of law at the University of California at Los Angeles, will be in residence at
Seton Hall Law School during the week of March 24, 2003. At UCLA, Professor Korobkin, teaches Negotiation,
Contracts, Health Care Law and Law and Behavioral Science. His scholarship focuses on the application of
economics, behavioral economics, and cognitive psychology to legal policy, contract law, legal negotiation and
health law. His scholarship focuses on the application of the economics, behavioral economics, and cognitive
psychology to legal policy, contract law, legal negotiation and health law. Professor Korobkin’s textbook,
Negotiation Theory and Strategy, will be published in 2002.
After receiving his juris doctor degree from Stanford University, he clerked for the Honorable
James L. Buckley of the U.S. Court of Appeals for the D. C. Circuit, and was an associate at Covington & Burling
in Washington, D.C. He has been on faculty at the UCLA Law School since 2000.
For more information about the health programs that will be offered during the 2002-2003 academic year,
contact (973)642-8871 or view our web site at law.shu.edu/healthlaw_programs.
SETON HALL LAW
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P RO F E S S O R S T E P H E N L U B B E N
Stephen J. Lubben has joined the Seton Hall University School of Law faculty. Prof. Lubben, a
transplant from Los Angeles, recently worked as an associate at Skadden, Arps, Slate, Meagher &
Flom, where he represented major corporations in Chapter 11 cases throughout the country.
Prof. Lubben explained that he has long anticipated moving from practice to academia, and is
delighted to break into teaching with Seton Hall Law.
“Seton Hall offers a unique mix of opportunities. My experience in practice will be especially
relevant to those students who want to go to New York and work for a big firm. Similarly, my
research will benefit from being close to the financial hub of the United States. I also really
appreciate the relaxed environment at Seton Hall — in particular, the open relationship I saw
between students and professors — which I know will make it easier for me to become a
successful teacher.”
Prof. Lubben also indicated that he was drawn to Seton Hall by its strong corporate law
program. “I was very impressed by (Professor) Tim Glynn’s efforts to create a strong group of
classes and faculty dedicated to corporate law,” he said. “I look forward to adding my
experience to the group, and learning from the other professors in the group who come at
these same issues from a variety of backgrounds.”
Prof. Lubben is the author of several recent publications, including, Some Realism About
Reorganization: Explaining the Failure of Chapter 11 Theory (Dickinson Law Review, 2001); and The
Direct Costs of Corporate Reorganization: An Empirical Examination of Professional Fee in Large
Chapter 11 Cases (American Bankruptcy Law Journal, 2000).
“Seton Hall Law School grows stronger when we bring in professors with diverse backgrounds,
and Prof. Lubben clearly fits that mold,” said Patrick Hobbs, dean of Seton Hall Law School.“His
expertise in corporate law and his excitement to bring that experience to the classroom will
be an enormous advantage to students.”
Professor Lubben worked in the New York office of Skadden, Arps, Slate, Meagher & Flom for two
years before transferring to Los Angeles, his hometown. Before Skadden, Arps, Lubben clerked for
the Honorable John T. Broderick, Jr., an associate justice on the New Hampshire Supreme Court.
He received his bachelor’s degree in history from the University of California, Irvine, his juris
doctorate degree, magna cum laude, from Boston University School of Law, where he was a
member of the law review, and his LL.M from Harvard Law School, where he was a teaching fellow.
Prof. Lubben will be teaching Business Associations in the fall, and Corporation Finance and
Bankruptcy in the spring. Next year he also expects to teach a class on corporate reorganization
under Chapter 11 of the Bankruptcy Code.
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FACULTY
seton hall university school of law
NEW
ADMINISTRATION
A S S I S TA N T D I R E C TO R O F L E G A L R E S E A R C H A N D W R I T I N G /
A S S I S TA N T D I R E C TO R O F A C A D E M I C S U P P O RT / P RO F E S S O R
CHRISTINA BENNETT
Christina Bennett, ’94, joined Seton Hall University School of Law in January 2002 as
assistant director of legal research & writing, as the assistant director of academic support and as
a professor in the Legal Research & Writing Program.
In her position, Professor Bennett assists in the design and implementation of both the Legal
Research & Writing and Academic Support Programs. In addition, she teaches legal research and
writing to first year students and offers academic support to both first year part-time day students
and other students who need additional support with their studies. In conjunction with these
responsibilities, Professor Bennett teaches a course in the Legal Education Opportunities Institute
(LEO), where she guides students seeking to enter law school in the Legal Methods course which
incorporates legal analysis and legal writing (see related article, page 20).
“One of the overall goals of the Academic Support Program is to demystify what students need
to know to succeed in law school,” she said. “Our goal is to create programs that offer students
opportunities to perform at their highest capacities, and to succeed in their legal careers. In Legal
Research & Writing our goal is to help students build a firm foundation for the types of research
and writing they will engage in throughout their careers, in other academic writing experiences,
and in clerkships.”
Professor Bennett clerked for Chief Justice Robert N.Wilentz, of the New Jersey Supreme Court
in 1995. Before coming to Seton Hall Law School, she worked at UBS Paine Webber, Inc., as
counsel and divisional vice president, where she represented the financial services company in
mediations and settlement negotiations involving client complaints and inquiries from securities
regulators. Prior to that, she was an associate with Riker, Danzig, Scherer, Hyland and Perretti LLP
in Morristown, N.J., where she worked in the firm’s commercial litigation group.
She received her bachelor of science degree in food service administration from Howard
University, Washington, D.C., and her juris doctorate degree from Seton Hall University School
of Law. Although her undergraduate degree is not one traditionally selected by those pursuing a
law degree, Professor Bennett always knew that she wanted to be in the legal profession, to
write, and ultimately, to return to academics.
“I always knew I wanted to return to academia, and because I went to law school here, Seton
Hall made perfect sense. I believe in the school’s principles, values and demand for high quality
work.” She added, “Mostly, I knew that Seton Hall Law would greatly benefit from the Academic
Support Program that recently started. Ultimately, programs like this help to increase the bar
passage rate, as well as ease the transition from student to lawyer.”
She resides in West Orange, N.J., with her daughter, Christina Jordan Bennett-Spearman, age 8.
SETON HALL LAW
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seton hall university school of law
ADMINISTRATION
NEW
Recently joining Seton Hall Law School as director of financial
aid is Susan Gross, an administrator with a solid professional
background in higher education. Ms. Gross is responsible for
the management of all programs of financial assistance
(scholarships, grants, loans and work-study) for students at the
Law School. She works closely with the Admissions and
Financial Aid committee, as well as with other areas involving
enrollment services. Prior to joining Seton Hall Law School,
Ms. Gross worked at PeopleSoft, Inc., Teaneck; New York
University as well as its College of Dentistry; and Marymount
College. She received her bachelor’s degree from Muhlenberg
College, Allentown, Pa., and her master’s degree from New
York University. She resides in Towaco, N.J., with her husband
Ian, and children, Allison and Benjamin.
D I R E C TO R
Christine Quinn was recently appointed director of law
school communications for Seton Hall Law School. Her
responsibilities include coordinating and overseeing
publications and brochures, and increasing media placement
of faculty and administration. She will play an integral role in
promoting the reputation of the Law School and will work
closely with faculty, staff and administration. Ms. Quinn was
previously employed with the Saint Barnabas Health Care
System as project coordinator for System publications and
cable television programs. She is a graduate of St.
Bonaventure University, St. Bonaventure, N.Y., where she
received her bachelor of arts in journalism/mass
communication, and obtained her master of arts in Strategic
Communication and Leadership from Seton Hall University.
Ms. Quinn resides in Springfield, N.J.
D I R E C TO R
30
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OF FINANCIAL AID
SUSAN GROSS
O F L AW S C H O O L C O M M U N I C AT I O N S
CHRISTINE QUINN
Deana Cynar was recently appointed assistant to the deans for
the Law School. Ms. Cynar, a Newark resident, is responsible
for working independently and simultaneously on a wide
variety of projects. Ms. Cynar is heavily involved with the
U.S.News & World Report survey and the American Bar
Association Report by gathering and collecting data. She
interacts with the University, the Law School, and members of
the Newark and legal communities. She oversees the
operation of the Office of the Dean and provides direction to
the staff. Ms. Cynar brings a wealth of Law School experience
with her in her new position, having worked at the Law School
for 16 years in the offices of Career Services, development and
bursar departments. She received both her bachelor of arts
degree and master of arts degree from Seton Hall University.
A S S I S TA N T TO T H E D E A N S
DEANA CYNAR
Seton Hall
University School
of Law students
In 1971
formed an organization that
would be responsive to the
needs of black law students.
Today, the National Black Law Student Association
has more than 200 chapters at accredited and
nonaccredited law schools throughout the country.
The chapters represent more than 6,000 black law
students in six regions, which encompass 48 states,
and Puerto Rico. Pictured here at Seton Hall
University School of Law’s local chapter BLSA
annual dinner are, from left, Patrick E. Hobbs, dean,
Seton Hall University School of Law; the
Hon. Theodore Z. Davis, presiding judge, Chancery
Division, Camden County; Brenda Saunders
Hampden ’77 recipient of the Alumnae of the Year
Award, BLSA, and associate professor of law, Seton
Hall University School of Law; The Hon. Justice
James H. Coleman, Jr., recipient of the Outstanding
Achievement in the Field of Law, BLSA, and
associate justice, New Jersey Supreme Court; and
The Honorable Ronald J. Freeman, assignment
judge, Camden County.
SETON HALL LAW
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seton hall university school of law
REUNION
WEEKEND
Seton Hall University School of Law celebrated its First
Annual Reunion Weekend on May 17-18, 2002. Graduates
of the classes of ’67, ’72, ’77 and ’82 came together to
celebrate with former classmates, renew old friendships
and reminisce about days gone by.
TOGETHER
AGAIN
AFTER 35 YEARS
Members of the Class of ’67 gather for a photo
during Reunion Weekend with some of their
former professors and other members of the law
school community.
“ It was a wonderful experience to renew friendships with classmates who have
prospered in varied aspects of the profession of law over those three and one half
decades and to realize that so many of our classmates have ascended the bench.
Seeing the wonderful new building that our contributions helped to build, meeting
with the enthusiastic current faculty, and enjoying the company of fine lawyers
whom we first met almost 40 years ago and shared so much, were simply
profoundly warm experiences for all of us. I hope we conveyed our appreciation
to Professors Carey, Diab, Lynch and McQuade and their absent colleagues for
what their sound pedagogy helped us become.”
– Terry Connor ’67
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Left to right: Lisa Barsanti Hoyt, assistant dean for
alumni and development, Christine Heffner
Steinberg ’77, and Anna P. Navatta ’82.
Otto Scerbo ’82, Professor Michael Ambrosio
and Gary Bavero, assistant dean for academic
affairs and policy.
LET’S NOT WAIT
A N OT H E R 3 0 Y E A R S
“The anniversary year receptions of the inaugural Reunion Weekend got this
annual affair off the ground in great style. The Class of ’72 turnout, as usual,
showed a high level of enthusiasm. It was exciting to see the enormous diversity of
paths and accomplishments of my former classmates. The post-Seton Hall Law
School careers of so many have raised the Law School to great prominence.”
– Patricia Koch ’72
Members of the Class of ’72 gather for a group
photo during Reunion Weekend.
SETON HALL LAW
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seton hall university school of law
Class
NEWS & NOTES
1950s
Daniel M. Hurley ’67, of Mantoloking, N.J., was reelected president of the New Jersey State Bar
Foundation. He is a certified civil trial attorney
Bernard M. Hartnett Jr. ’55, of Jersey City N.J., was
specializing in civil litigation with an emphasis on
appointed county executive of Hudson County, N.J.
medical malpractice and products liability. Michael
Greenwood ’69, of East Brunswick, N.J., was elected
chair of the New Jersey State Bar Association Workers
1960s
Compensation Section Executive Committee. He is a
partner at Carpenter, Bennett & Morrissey. The
Thomas F. Kelaher ’60, of Toms River, N.J., was
Honorable Stephen B. Rubin ’69, of Flemington,
appointed prosecutor for Ocean County. He
N.J., was appointed family court judge of the Superior
previously served as municipal prosecutor in several
Court of New Jersey, Somerset County. He previously
New Jersey communities. He is a former president of
served for five years as Hunterdon County prosecutor.
the Ocean County Bar Association where he
chaired the Ethics Committee, is vice chairman of the
1970s
Board of Trustees of Saint Barnabas Health Care
System, and chairman of Clara Maass Medical Center
34
in Belleville. He also is a former marine. Robert
George G. Whitmore ’70, of Little Silver, N.J.,
Baechtold ’66, of New York City, was ranked as a
joined the firm of Ansell Zaro Grimm & Aaron, as a
leading U.S. Intellectual Property attorney by
member. He practices in the firm’s matrimonial law
World’s Leading Lawyers Guide 2002-2003. He is a
department. Carolyn L.Willson ’70, of New York
partner at Fitzpatrick, Cella, Harper & Scinto in
City, was appointed legal adviser to the United States
New York City and practices in the area of intellectual
Mission to the United Nations, which assists the U.S.
property, primarily in the fields of pharmaceuticals,
president and Department of State in conducting
biotechnology, chemistry and polymeric materials.
policy at the U.N. Fred Theemling Jr. ’72, of
www.law.shu.edu
Weehawken, N.J., was nominated by Governor James
She also serves on the Bar Foundation’s Program
E. McGreevey to become a judge. He is currently the
Development, Conflict Resolution and Law-Related
Hudson County Prosecutor. Patrick J. Diegnan ’73,
Education Committees. She is currently the
of South Plainfield, N.J., was elected to the New
supervisor of Social Studies for Westfield Public
Jersey State Assembly for the 18th District. Since
Schools. Jerome A. Ballarotto ’79, of Trenton,
1974, he has been in private practice in South
N.J., became special counsel at the firm of Szaferman,
Plainfield. His previous positions include municipal
Lakind, Blumstein, Watter, Blader, Lehmann &
attorney for South Plainfield and Milltown, and
Goldshore, P.C. He concentrates on criminal,
chairman of the South Plainfield Senior Citizen’s
administrative and regulatory defense, internal and
Advisory
Honorable
external corporate investigations. The Honorable
Lawrence Latore ’74, of Watchung, N.J., was
Thomas Critchley ’79, of Madison, N.J., was
appointed judge of the Superior Court of New
appointed family court judge of the Superior Court
Jersey, Somerset County. He has also served as
of New Jersey, Morris County. He has worked in the
councilman and zoning board attorney. Before
Morris County Prosecutor’s Office since 1982, most
opening a law practice in Newark, he worked as a
recently as head homicide prosecutor.
Commission.
The
Spanish teacher, social worker and real estate agent.
The Honorable John E. Selser ’74, of Wayne,
1980s
N.J., was appointed family court judge of the Superior
Court of New Jersey, Passaic County. Previously, he
worked in Bergen County for 20 years in matrimonial
Kathleen M. Miko ’80, of Washington, D.C., was
law, served as president of the Bergen County Bar
named deputy general counsel of Capital Source’s
Association and was a trustee of the New Jersey Bar
Healthcare Finance group in Chevy Chase, Md. Prior
Association. Christine Bator ’75, of Princeton
to joining Capital Source, she was a partner at the
Junction, N.J., was named a trustee of the Mercer
law firm of Hogan & Hartson, L.L.P., and served as a
County Bar Association. Michael M. Rubbinaccio
trial attorney with the U.S. Department of Justice,
’77, of Randolph, N.J., was appointed prosecutor of
Commercial Litigation branch. Michael Quigley
Morris County in December 2001. Previously, he
’80, of Far Hills, N.J., formed the firm of Castano
served as a municipal prosecutor for Vernon
Quigley L.L.C., in West Caldwell. Holly Bakke ’82,
Township and was in private practice. The
of Lebanon, N.J., was selected by Governor James E.
Honorable Edward DeFazio ’78, of Jersey City,
McGreevy as New Jersey’s banking and insurance
N.J., was nominated by Governor James E.
commissioner. Since 1989, she has served as executive
McGreevey to become the next prosecutor of
director of the New Jersey Property-Liability Insurance
Hudson County. Prior to becoming a judge 14
Guaranty Association, the New Jersey Surplus Lines
months ago, he was in the Hudson County
Insurance Guaranty Fund and the New Jersey Medical
Prosecutor’s Office for more than 20 years, half of
Malpractice Reinsurance Association. She is a former
that time he was first assistant. Maria Schmidt ’78,
state deputy commissioner of insurance litigation
of Readington Township, N.J., has been reappointed as
practices. The Honorable Michael L. Ravin ’83,
a trustee of the New Jersey State Bar Foundation.
of Verona, N.J., was appointed judge of the Superior
SETON HALL LAW
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Continued
seton hall university school of law
Class NEWS & NOTES
Court of New Jersey. He is a member of the Essex
Waterbury, Conn. JoAnn LaSala Candido ’86, of
County and New Jersey State Bar Associations. He
Cedar Grove, N.J., was honored by the Essex County
has served as an administrative law judge since 1999
Legal Services Foundation Volunteer Lawyers for
and previously served as an assistant prosecutor in
Justice Program. Maureen Mantineo ’86, of
Essex and Bergen counties. Marne Sherman ’83, of
Guttenberg, N.J., was nominated to become a judge of
Columbia, S.C., formed Sherman & Bouknight, P.A.,
the Superior Court of New Jersey. She has been in
with Doni Bouknight.The firm specializes in domestic
private practice as a criminal defense attorney for the
relations law in all courts of South Carolina. Carol L.
past 15 years. Ellen O’Connell ’86, of Basking
Forte ’84, of Flanders, N.J., was named a top litigator
Ridge, N.J., was re-elected treasurer of the New Jersey
in a December 2001 National Law Journal article,
State Bar Foundation. She is an attorney with
“Women at the Top - Fifty litigators who succeed in
Skadden, Arps, Slate, Meager & Flom, L.L.P. She
and out of the courthouse.” She is a partner at the
concentrates in the area of labor and employment
firm of Blume Goldfaden Berkowitz Donnelly Fried &
law. Karol Corbin Walker ’86, of Morris Township,
Forte, where she specializes in the area of medical
N.J., was named president-elect of the New Jersey
malpractice. Michael Dillon ’85, of Teaneck, N.J.,
State Bar Association. She is a member at the firm of
formed the law firm of Krumholz Dillon, P.A. Nancy
St. John & Wayne, L.L.C., in Newark. John Boyle ’87,
Isaacson ’85, of Maplewood, N.J., joined the firm of
of Westfield, N.J., joined the firm of Lindabury
Goldstein Lem & Isaacson, P.C.The firm was previously
McCormick & Estabrook, Pa. Noreen Hagerty-
named Goldstein Lem. Janet B. Malay ’85, of Basking
Ford ’87, was recently promoted to the rank of
Ridge, N.J., joined the firm of Somers & Malay as a
commander in the United States Navy. She currently
member. The firm specializes in personal injury and
serves on active duty with Commander, Submarine
commercial law. Richard M. Marano ’85, of
Group 7 in Yokosuka, Japan, where her duties include
Oxford, Conn., was honored in June 2002 by the
providing operational and legal advice to the
Italian vice consulate for his dedication and
submarine community. Lisa Rose ’87, of West New
commitment to the Italian culture. He practices in
York, N.J., joined the firm of Melito & Adolfsen as an
The Honorable Dennis M. Cavanaugh ’72, federal
court judge, was honored for his accomplishments
as U.S. District Court Judge at the Sixth Annual
Judge’s Reception held in April. Pictured left to
right are, The Honorable Thomas P. Zampino ’74,
Superior Court Judge, Essex County; Judge
Cavanaugh; and Patrick E. Hobbs, dean of Seton
Hall University School of Law.
36
www.law.shu.edu
Minette Barrocas ’05, was the proud recipient of the 2001 LEO
scholarship which was presented at last year’s LEO dinner. Pictured
here from left to right are, Patrick E. Hobbs, dean of Seton Hall
University School of Law; Ms. Barrocas; Karol Corbin Walker ’86,
president-elect for the New Jersey State Bar Association; and
Brenda Saunders Hampden ’77, professor of law and director of the
LEO program.
associate in the Jersey City office.The firm specializes in
Destribats, Campbell, DeSantis & Magee. He is in the
insurance, environmental, personal injury, products
litigation division, specializing in personal injury and
liability, professional liability defense and general
criminal defense. Previously, he was a partner at Staub
commercial business litigation. Jessica Mayer ’88, of
& Summers and a municipal prosecutor in Trenton.
Woodbridge, N.J., was sworn in as a judge of the
Michael R. DeCotiis ’91, of River Vale, N.J., was
Superior Court of New Jersey. She was previously of
appointed the new deputy executive director of the
counsel at Greenbaum, Rowe, Smith, Ravin, Davis &
Port Authority of New York and New Jersey in June
Himmel. Iryna Lomaga Carey ’89, of Glen Ridge,
2002. He is a member at DeCotiis, FitzPatrick, Gluck &
N.J., was named special counsel at the firm of Cole,
Cole, L.L.P. He practices in the areas of environmental
Schotz, Meisel, Forman & Leonard. She practices in the
law and regulatory compliance. John Pinho ’91, of
areas of commercial and real estate transactions.
Harrison, N.J., formed the firm DaSilva & Pinho, L.L.C.,
George P. Stasiuk ’89, of Belleville, N.J., joined Poff &
located in Newark, N.J. Gregory Castano Jr. ’92, of
Bowman, L.L.C., in Ramsey, N.J., as counsel. He practices
West Caldwell, N.J., formed the firm of Castano
in the areas of labor and employment law, commercial
Quigley L.L.C., located in West Caldwell. Reni Erdos
litigation and corporate law.
’92, of Summit, N.J., was named director of the New
Jersey Division of Consumer Affairs. While in law
school, she worked at the Division of Consumer
1990s
Affairs as a legislative liaison. She also taught legislation
as an adjunct professor at the Law School from 1995
Paula M. Dillon ’90, of Teaneck, N.J., has become an
– 2000. James L. Lott Jr. ’92, of West Caldwell, N.J.,
associate at the firm of Krumholz Dillon, P.A.
was appointed counsel to the West Caldwell Zoning
Jacquelin O’Donnell ’90, of Sparta, N.J., is
Board of Adjustment. He is a partner in Riker, Danzig,
president of the Sussex County Bar Association. Most
Scherer, Hyland & Perretti, L.L.P.’s governmental affairs
recently, she was the president-elect and has also held
group. He focuses on obtaining approvals for land
the positions of vice president, secretary and
development. Matthew J. Giacobbe ’93, of
treasurer. Since 1993, she has been in private practice
Oakland, N.J., became partner at the firm of Scarinci
with her husband, David Dumbroff ’90, at
& Hollenbeck, L.L.C. He is co-chair of the Labor &
O’Donnell & Dumbroff in Sparta, N.J. Raymond
Employment Law Group and the Education Law
Staub ’90, of Trenton, N.J., joined the law firm of
Group. Steven C. Mannion ’93, of South Orange,
SETON HALL LAW
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seton hall university school of law
Class NEWS & NOTES
N.J., became a partner in the law firm of DeCotiis,
securities law. Scott S. Steill ’94, of Richboro, Pa.,
FitzPatrick, Gluck, Hayden & Cole, L.L.P., in Teaneck, N.J.,
became an associate at the law firm of Golden,
where he specializes in commercial and constitutional
Rothschild, Spagnola, Lundell, Levitt & Boylan, P.C., in the
law. Prior to that, he clerked for the Superior Court of
firm’s Bridgewater office. His practice areas include
New Jersey, Appellate Division and served as assistant
insurance defense and general litigation. Jacqueline
corporation counsel for Essex County. He is also a
M. Bartley ’95, of Middletown, N.J., graduated from
lieutenant, junior grade, in the Judge Advocate General’s
Leadership New Jersey, a program designed to expose
Corps of the New Jersey Naval Militia. Reyes
today’s emerging leaders to the challenges facing New
Quinones ’93, of Eatontown, N.J., was honored by the
Jersey. She works for the Rutgers University Foundation
Latino American Committee of Monmouth County for
as director of development for the College of Nursing.
outstanding service to the community. He is a detective
David Pascrell ’95, of Paterson, N.J., was named
sergeant with the Monmouth County Prosecutor’s
counsel at Gibbons, Del Deo, Dolan, Griffinger &
Office and has more than 38 years of experience in law
Vecchione. He will practice government and regulatory
enforcement. Adam Rothenberg ’93, of Scotch
affairs in the firm’s Trenton office. Craig A.
Plains, N.J., became a partner with Levinson Axelrod in
Domalewski ’96, of Verona, N.J., was named partner
July 2001. Linda A.Tancs ’93, of Roselle Park, N.J., was
with the firm Dughi, Hewit & Palatucci, P.C. He will
appointed to the Union County Division of Cultural
continue to practice in the areas of product liability
and Heritage Affairs Advisory Board for a one-year
defense, insurance coverage, commercial litigation and
term. She is an attorney at Norris, McLaughlin &
commercial transactions. Anthony Fernandez ’96,
Marcus, P.A., specializing in information technology and
returned to the firm of Riker, Danzig, Scherer, Hyland &
e-commerce law. James DeNorscia ’94, of
Perretti, L.L.P., as an associate. He practices in the firm’s
Bergenfield, N.J., was promoted to partner in the
tax and estates and trusts group. Jeralyn L. Paulson-
Hackensack law firm of Sonageri & Fallon, L.L.C. He is
Lawrence ’96, of Watchung, N.J., was appointed to
certified by the Supreme Court of New Jersey as a civil
the Conference Committee of the Family Law Division
trial attorney and is an active New York City trial
of the New Jersey State Bar Association. She is an
attorney concentrating in product liability defense and
associate with Norris, McLaughlin & Marcus, P.A., and
A group of Seton Hall Law School
alumni and members of the
New Jersey State Bar Association
gather at Seton Hall’s reception
held at the Tropicana Casino and
Resort on May 22.
38
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Mary Jo White, the former United States Attorney for the Southern
District of New York, was the 2002 recipient of the Sandra Day
O’Connor Medal of Honor Award. The Women’s Law Forum,
Legislative Bureau and Law Review present the Award annually to
a woman who has distinguished herself in the field of law and
public service. Pictured here, from left, are Karen Stalter ’02, Editor
of the Seton Hall Law Review; Mary Lynn Murphy ’02, editor in
charge of staffing and symposia; Ms. White; Lauren Makar ’02,
chair of the Women’s Law Forum; and Kim Hughes ’02, student
director of the legislative bureau.
practices family law litigation and mediation. Previously,
Previously, he served four years in the Marine Corps at
she clerked in the Superior Court of New Jersey, Essex
U.S. Embassies in Saudi Arabia and Brazil. Andrew T.
County. Davin P. Cellura ’97, of North Babylon, N.Y.,
McDonald ’99, of Scotch Plains, N.J., became an
is an associate at the New York City office of Thelen
associate for Hill Wallack in Princeton, N.J. The firm
Reid & Priest, L.L.P. He practices in the areas of labor
specializes in civil litigation, personal injury, products
and employment law. Laura Corvo ’97, of New York
liability, real estate and employment and labor law.
City, became an associate with Genova, Burns & Vernoia
in Livingston, N.J., specializing in labor and employment
law. Previously, she clerked for the Honorable Ross R.
2000s
Anzaldi, Superior Court of New Jersey, and the
Honorable John F. Malone, Superior Court of New
Michael A. Gallardo ’00, of Linden, N.J., became an
Jersey. Stacey Adams ’98, of South Orange, N.J.,
associate for the firm of Harwood Lloyd, L.L.C. The
joined DeCotiis, FitzPatrick, Gluck & Cole, L.L.P., as an
firm specializes in insurance, products liability, medical
associate in the firm’s labor and employment
malpractice, environmental law, real estate, and family
department. She will focus on a variety of issues that
law. Meredith H. Marcus ’00, of Bridgewater, N.J.,
arise in the workplace including diversity, sexual
became an associate for the firm of Purcell, Ries,
harassment
litigation. Kris Ann
Shannon, Mulcahy & O’Neill. Prior to joining the firm,
Cappelluti ’98, of North Arlington, N.J., joined Klehr,
she clerked for the Honorable John F. Richardson,
Harrison, Harvey, Branzburg & Ellers L.L.P., as an
Superior Court of New Jersey, Somerset County.
associate in the firm’s Cherry Hill office. She specializes
Tara Rice ’00, of New York City, accepted a position
in commercial litigation. Orville R. Cockings ’98 of
as vice president of Legal Services at Fleet Bank. She
Parsippany, N.J., joined the firm of Lerner David
specializes in providing law firms and solo
Littenberg Krumholz & Mentlik as an associate.The firm
practitioners with customized banking products and
specializes in intellectual property and entertainment
services. Lorraine C. Monjoy ’01, of Andover, N.J.,
law. Shane Freedman ’98, of Manalapan, accepted
became an associate for the firm of James M. Porfido,
a position as general counsel with Cytodyne
L.L.C.The firm specializes in the areas of criminal law
Technologies, Inc. Joseph Agostino ’99, of Secaucus,
and real estate law. Nicole S. Perdoni - Byrne ’01,
joined the firm of Selitto Behr & Kim as an associate.
of Helmetta, N.J., became an associate for the firm of
Rodney Galarza ’99, of Scottsdale, Ariz., passed the
Hill Wallack. The firm specializes in civil litigation,
Arizona Bar Examination and is currently clerking for
personal injury, products liability, real estate and
the Superior Court of Arizona, Maricopa County.
employment and labor law.
and
OSHA
SETON HALL LAW
39
Continued
seton hall university school of law
Class NEWS & NOTES
The 2002 Women of Substance Award was presented
to The Honorable Carol Ferentz. The award honors
women who have dedicated their careers to the
improvement of the law or legal system. Pictured
here, from left, are Patrick E. Hobbs, dean, Seton
Hall Law School; Kathleen Boozang, associate dean
of academics, Seton Hall Law School; Judge Ferentz;
and Lauren Makar ’02, chair of the Women’s Law
Forum at Seton Hall Law School.
SCHOLARSHIPS
The Health Law & Policy Program of Seton Hall University School of Law and the law firm of Gibbons, Del Deo, Dolan,
Griffinger & Vecchione, of Newark, N.J., awarded Jersey City, N.J., resident and second year law student Gargi Pahuja
with a fellowship program that includes a $10,000 scholarship for her legal education and summer employment in the
Health Care Practice Group of the law firm. Pictured here are members of Gibbons, Del Deo, Dolan, Griffinger &
Vecchione law firm Health Care Practice Group with Pahuja. Seated from left are Marta M. Klajman, associate; Denelle J.
Waynick, director; Gargi Pahuja, the Gibbons Health Law fellow; and David M. Hyman, chair, Health Care Practice Group.
Standing from left, are Nicole DiMaria, associate; David J. Sheehan, managing director of the firm; Nicole Huberfeld,
associate; Kerry M. Parker, chair, Employment and Labor Practice Group; John V. Jacobi, professor and associate director
of the Health Law & Policy Program at Seton Hall Law School, and counsel to the law firm; and Bruce A. Levy, counsel.
Kalison, McBride Jackson, and Murphy Scholarship. The Health Law & Policy Program at Seton
Hall University School of Law and the law firm of Kalison, McBride, Jackson, and Murphy, P.A., of Liberty Corner, N.J.,
have established a $5,000 scholarship for a student’s tuition for the first year at Seton Hall Law School. The scholarship
winner will be announced in the spring and acknowledges an incoming student who demonstrates an interest in health
law, and who shows promise as an attorney in this practice area which has continuing important public policy
ramifications for all citizens.
40
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SEND IN YOUR NEWS…
M A R R I AG E S
Jean Dusinski ’92 to Lawrence Sher
Arthur David Malkin ’94 to Karma Oded
Karen Ann Terracciano ’96 to
Share recent news of your:
Benjamin Del Vento Jr.
• NEW JOB OR PROMOTION. Include your new title, the full
name and location of your firm and your previous position.
Davin P. Cellura ’97 to Lisa Thompkins
Marianne Calabrese ’98 to Douglas Jones
Todd Senkiewicz ’98 to Suzanne Cressman
• PROFESSIONAL OR EDUCATIONAL ACHIEVEMENT. Completion
of advanced degree, professional certification, accreditation or
other achievements. Include the full name of the granting
institution or association.
Scott C. Andrews ’00 to Stacey Bissey
Todd Forman ’00 to Lauren Eckstein
Raynard Yuro ’00 to Beth H. Horowitz
• AWARD OR HONOR. Include the name of the award and the
organization, along with the month of conferral.
Merric Polloway ’00 to Bridget Keysa ’00
Michael S. Simitz ’01 to Tina Miliano
• MARRIAGE. Provide the name of your spouse and Seton Hall
Law affiliation, if applicable.
B I RT H S
• BABY. Provide the parents’ names and the baby or child’s name,
gender and birth date or age.
The Honorable Ronald G. Marmo ’67, celebrates
We’ll publish your news in an upcoming issue of Seton Hall Law.
the births of twin grandchildren, a boy and a girl, in May
announce the birth of their son, Alexander Jeffrey in June
2001. Stephanie Mergel Hadley ’91 and Steven
Hadley, announce the birth of their daughter, Elizabeth
Ann in April 2001. Paul DeGrado ’96 and Alicia
cut along dotted line
2002. Julie Platt-Politano ’90 and Jerry Politano,
Name
Class Year
Business Address
DeGrado, announce the birth of their twin boys, Paul Jr.
and Alexander, in October 2001. Debra (Polglaze)
Home Address
Lightner ’97 and Dan Lightner, announce the birth of
their daughter, Alyssa Karen, in March 2002. Heather
Madrigal ’00 and Fernando Madrigal, announce the
Work Phone/Home Phone
E-mail Address
birth of their twin boys, Justin Fernando and Derek
Fernando, in September 2001. Professor Rachel D.
News to share with Seton Hall classmates:
Godsil and Jim Freeman, announce the birth of their
daughter, Rebecca, in July 2002.
MEMORIUM
James O’Halloran ’55
Michael Holub ’76
Angel R. Peña Fernandez ’83
Richard Shapiro ’87
Please send or fax this form to:
Seton Hall Law
One Newark Center, Newark, NJ 07110
Attn: Shannon Philpott
Fax: (973) 642-8799
E-mail: lawalum@shu.edu
Seton Hall University School of Law
E-Mail: lawalum@shu.edu, Web: law.shu.edu
One Newark Center
Newark, New Jersey 07102-5210
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Organization
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Seton Hall
University