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Seton Hall Law in the Media - 2009  


For media inquiries, contact Janet LeMonnier, Director of Communications, in the Office of Public Relations, (973) 642-8583.

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Health White Paper

White Paper on "Conflicts of Interest in Clinical Trial Recruitment & Enrollment: A Call for Increased Oversight"

Center for Health & Pharmaceutical Law & Policy White Paper on Conflicts of Interest in The Health Care Blog and Pharmalot

December 14, 2009

The recently released Center for Health & Pharmaceutical Law and Policy White Paper, “Conflicts of Interest in Clinical Trial Recruitment & Enrollment: A Call for Increased Oversight,” was featured in The Health Care Blog and Pharmalot, both preeminent media sources in the Health Care and Pharmaceutical arenas. The Health Care Blog has been described by the Wall Street Journal as “a must read blog,” and Pharmalot was named by the U.K.’s London Times as one of “the 50 best business blogs.” In addition, Citizens for Responsible Care and Research, the oldest research protection advocacy organization in the United States, has made the White Paper available to its readers through its “Research Protection and Bioethics in the News” resource.

The White Paper, which calls for legal and policy changes to address conflicts of interest in the relationships between industry and doctors that can create unwarranted risks to trial participants and to the scientific integrity of research, can be found here

document Read the Pharmalot article, "Clinical Trials, Doctors and Conflicts of Interest"

document Read the Health Care Blog Op-ed piece, "Op-ed: Major Reforms in the Financing and Oversight of Clinical Research Needed"


Professor John Wefing

John Wefing

Professor John Wefing Featured in the Star Ledger on his Recently Published Biography of Former NJ Governor & S. Ct. Chief Justice Richard J. Hughes

December 14, 2009

In the Star Ledger, columnist Bob Braun (’78) featured Professor John Wefing’s recently published biography of former New Jersey Governor and N.J. Supreme Court Chief Justice, Richard J. Hughes. In the article, “Richard Hughes Biography Measures Mark Left Behind by Statesman,” Braun says of Hughes that he was “arguably the state’s first modern governor,” and that

Richard J. Hughes was a hard-drinking, chain-smoking Irish-American politician, a fiercely partisan Democrat who probably could cut a deal with the devil if necessary — he did, after all, cut many deals with Republicans. Yet he also was a thoughtful legal scholar, a passionate civil libertarian, a family man and a devout Roman Catholic.

A thoroughly civil man.

document Read the Star Ledger Article, "Richard Hughes Biography Measures Mark Left Behind by the Statesman

document Read more about Professor Wefing's new book, "The Life and Times of Richard J. Hughes: The Politics of Civility"

document Read excerpts from “The Life and Times of Richard J. Hughes: The Politics of Civility,"published in the New Jersey Law Journal to commemorate the 100th anniversary of Hughes’ birth


Professor Mark Denbeaux

Mark Denbeaux

Center for Policy & Research’s Latest GTMO Report, “Death in Camp Delta,” Featured on MSNBC’s Countdown with Keith Olberman

December 8, 2009

The most recent Center for Policy & Research GTMO Report, “Death in Camp Delta,” was featured on the MSNBC show, Keith Olberman’s Countdown. Olberman interviewed Scott Horton, who wrote an article on the report which appeared as the lead story in Monday’s Huffington Post.

Visit msnbc.com for breaking news, world news, and news about the economy


Professor Mark Denbeaux

Mark Denbeaux

Professor Mark Denbeaux in the Huffington Post on the Latest GTMO Report, "Death in Camp Delta"

December 7, 2009

Professor Mark Denbeaux and the Center for Policy & Research’s latest Guantanamo Report, “Death in Camp Delta,” was featured as the lead article in the Huffington Post. “Death in Camp Delta" is the Center’s fifteenth “GTMO Report.” Prior Reports have been cited by Congress, the U.S. federal courts, European Parliament, and in thousands of newspapers, magazines, television and radio broadcasts and online outlets throughout the world.  

  document Read the Huffington Post article here.


Professor H. Kwasi Prempeh

H. Kwasi Prempeh

Professor H. Kwasi Prempehin the Ghana Daily Guide on the Wide Reach of Presidential Powers Under Ghana's Constitution

December 4, 2009

Professor H. Kwasi Prempeh was featured in an article in the Ghana Daily Guide regarding what he deemed to be the overbreadth of presidential powers under Ghana’s 1992 Fourth Republican Constitution.

Professor Prempeh delivered a lecture regarding the constitution at a public lecture at the British Council Hall in Accra, Ghana, where he is said to have “pointed out that over-empowering the president at the expense of parliament was a very bad arrangement.”

The Daily Guide reports that “The lecture, which was under the theme: “Framing a Constitution of Ghana for the 21st Century: Averting the Peril of a Constitution without Constitutionalism,” was under the auspices of the Ghana Centre for Democratic Development (CDD) and United Nations Democracy Fund (UNDEF).”

Professor Prempeh noted:

“It is a pity that in this age and time, we have a president who is the national landlord, chief problem solver, chief financial controller, chief law maker, chief patron who checks car loans for Members of Parliament (MPs), national chief mourner, chief awarder of national honours and chief prayer warrior.”

  document Read the full article in Ghana Daily Guide here


Professor Bryan Lonegan

Bryan Lonegan

Professor Bryan Lonegan on WBGO Radio Regarding Immigration Detention Policy in the Wake of 9/11

December 1, 2009

Professor Bryan Lonegan appeared on WBGO Radio’s award winning news magazine, “The Journal,” and was interviewed regarding his experience with Post 9/11 detention policies affecting Muslim American’s in the New York Metropolitan area. Prior to joining the faculty of Seton Hall Law’s Center for Social Justice, Professor Lonegan worked in New York for 18 years as a staff attorney at the Legal Aid Society in the Criminal Defense Division, Criminal Appeals Bureau, and Immigration Unit. Professor Lonegan noted that in the weeks after 9/11 the Legal Aid Society’s office began getting phone calls from Arab and Muslim American Organizations and the relatives of Muslims who had suddenly “disappeared.”

“Muslim Americans were being detained, or were disappearing— we’d get a call from relatives saying ‘My nephew never came home from work, nobody knows where he is.’”

The United States Department of Justice has reported that 1200 people were detained in the first two months alone following the attacks in 2001; none of those detainees were ever charged with terrorism related crimes.

Approximately 80 detainees were held in the Metropolitan Detention Center in New York. Then Attorney General John Ashcroft described the Center as “a holding area for persons of high interest in their terrorism investigation.” Lonegan and his colleagues at the Society were permitted to interview these men and then worked with the American Civil Liberties Union and Center for Constitutional Rights to find them counsel.

Professor Lonegan’s first visit to the Center was to interview a pizza delivery man named Muhammad, in subsequent visits to the Center to interview detainees, Lonegan remarked, “Quickly we got the sense that there was a disconnect. The people we were talking to were just working stiffs from Brooklyn or the New York Area.” In 2003, the Department of Justice’s Office on the Inspector General reported that although federal officials realized that the “high interest” detainees had no connection with terrorism, they were nonetheless held in harsh and abusive conditions.

WBGO reports that “…it is unclear just how many immigrants rounded up in the terror sweeps were eventually deported, however, five immigrant men who were detained at the Manhattan Detention Center and eventually deported reached a $1.26 million settlement for the round-ups and abuse they said they suffered while they were detained.”

Noting the need for Immigration Attorneys, Lonegan said that in the years following 9/11 that he had interviewed close to 2500 immigrant detainees—85% of whom said that they did not have legal representation.

icon_listen Listen to the WBGO Interview

Professor Paula Franzese

Paula Franzese

Professor Paula Franzese in the Bergen Record on New Jersey Ethics Reform

November 24, 2009

Professor Paula Franzese published an Op-ed piece pertaining to, and offering guidelines for, ethics reform in New Jersey. Professor Franzese serves as Chair of the New Jersey State Ethics Commission, and formerly served as special ethics Counsel along with former New Jersey Supreme Court Justice, Daniel J. O’Hern.

Professor Franzese notes of Chris Christie:

“The governor-elect, known for his formidable anti-corruption efforts, is armed with a clear mandate to forge a bipartisan coalition that can reclaim the public trust.”

Professor Franzese offers clear guidelines to do so—including the expansion of reforms implemented thus far.

document Read the full article on the Bergen Record


Adjunct Professor Jonathan Hafetz

Adjunct Professor
Jonathan Hafetz

Center for Policy & Research Faculty Fellow and Adjunct Professor Jonathan Hafetz in the Daily Kos on GTMO Trials

November 20, 2009

Center for Policy & Research Faculty Fellow and Adjunct Professor Jonathan Hafetz published an article in the Daily Kos regarding the conflicting procedures for Guantanamo detainee adjudication. Professor Hafetz, who along with Professor Mark Denbeaux co-edited “The Guantanamo Lawyers: Inside a Prison Outside the Law,” notes that trial for some detainees in federal court is “an important—if long overdue—step towards restoring the rule of law.” He also notes, however, that the administration’s plan to try other detainees before a military commission lacks logical and legal consistency. As an example, Professor Hafetz notes the case of al-Nashiri, who is accused of masterminding the attack against the USS Cole. Professor Hafetz writes:

So, those accused of the 9/11 attacks go to civilian court, while those accused of other crimes are diverted to military commissions. Yes, al-Nishiri is accused of attacking a military target. But the attack occurred before the United States was engaged in any armed conflict and before the passage of the Authorization for Use of Military Force that the U.S. has relied on for the claimed armed conflict against al Qaeda. (In Hamdan, Justice Stevens described such retroactive use of military commissions as "insupportable"). As Deborah Pearlstein points out, the administration has failed to provide a consistent, let alone valid, legal theory why one case goes to a military commission and another to federal court—why one prisoner gets full due process in a federal trial while another receives due process lite in a refurbished commission.

document Read the full article in the Daily Kos


Seton Hall Law

Seton Hall Law

Super Lawyer Magazine Ranks Seton Hall Law in Top 40 of All Law Schools

November 17, 2009

Super Lawyer magazine has ranked Seton Hall Law 40th of all law schools in the U.S.

According to the magazine:

The 2010 Super Lawyers U.S. Law School Rankings is unique in that it ranks law schools based on the number of graduates who are selected for inclusion in Super Lawyers across the country. Only 5 percent of the lawyers in each state are selected to Super Lawyers lists.

In addition, the magazine states

We’ve been rating lawyers for nearly 20 years. This puts us in a unique position to shed light on how well schools fulfill the ultimate mission of producing great lawyers.

Most law school rankings look at things like bar passage rates, professor-to-student ratios and the number of books in the library, but they ignore the end product — the quality of lawyers produced. We think it’s like ranking football teams based on athletic facilities, player size and equipment without considering who wins the games.

In the real world — the world of clients and juries and judges — no one cares about your GPA or LSAT score. All that matters is how good and ethical a lawyer you are. That’s the focus of Super Lawyers.

Schools are ranked according to the total number of graduates named to the state and regional Super Lawyers lists in 2009. In the event of a tie between schools, the cumulative peer evaluation and research scores of graduates are used as tie-breakers.

Our approach is simple. We take a snapshot of the top lawyers in the country and ask, “What schools produced these lawyers?” Then we report the results.

document View the NJ Super Lawyer Rankings


Professor John Wefing

John Wefing

Professor John Wefing in the New Jersey Herald on the Prospect of Governor-elect Christie “Reshaping” the New Jersey Supreme Court

November 10, 2009

Professor Wefing appeared in an article in the NJ Herald regarding the ramifications that the election of Chris Christie (’87) will have on the makeup of the NJ Supreme Court. Professor Wefing, long noted for his expertise on New Jersey Constitutional Law, the New Jersey Supreme Court, and New Jersey practice, contributed both commentary and background information to the article, which notes that

Governor-elect Chris Christie, an attorney who forged his reputation as a corruption-fighting prosecutor, has the chance to flex his legal muscles again by reshaping the political makeup of the state Supreme Court during his first term. Four seats on the high court will be at stake in the next four years: Justice Virginia Long, a Democrat, faces mandatory retirement at age 70, and Justices John E. Wallace, a Democrat, and Roberto A. Rivera-Soto and Helen E. Hoens, both Republicans, will be up for reappointment upon completion of their initial seven-year terms. Governors appoint Supreme Court justices to the bench, pending confirmation by the state Legislature. A long-standing agreement in New Jersey, although not codified in law, compels governors not to stack the court with more than four justices of a single party. The current court consists of four Democrats, two Republicans and an independent.

Professor Wefing noted that the Governor-elect’s legal background would both inform and facilitate the decision making process:

John Wefing, a professor at the Seton Hall University School of Law, said being a lawyer gives Christie greater insight into judicial appointments.

"Some governors who have not been lawyers rely heavily on chief counsel and the attorney general for help in making those decisions," said Wefing, who recently authored a book on the New Jersey Supreme Court and former chief justice and governor, Richard J. Hughes. "Christie will probably be more intimately involved in the nomination process."

document Read the full NJ Herald article, Sidebar for 11/8: Christie Could Reshape State Court 

document Read more about Professor Wefing's new book, The Life and Times of Richard J. Hughes


Professor Mark Denbeaux

Mark Denbeaux

The Guantanamo Lawyers Reviewed in Publisher's Weekly, NYU Today and by Andy Worthington and New Yorker Magazine's Jane Mayer

November 6, 2009

In anticipation of its release on November 9th, “The Guantanamo Lawyers, Inside a Prison Outside the Law” has been featured and reviewed in Publisher’s Weekly, NYU Today, by frequent Huffington Post and Guardian UK contributor Andy Worthington, and New Yorker Magazine’s Jane Mayer.

Jane Mayer said of the book: “This is a fascinating and revealing behind-the-scenes account of the human stories inside Guantanamo, told candidly by some of America’s best and most public-spirited lawyers.”

Edited by Seton Hall Law Professor Mark Denbeaux, Seton Hall Law Adjunct Professor and staff attorney with the National Security Project of the American Civil Liberties Union, Jonathan Hafetz, and Seton Hall Law students Grace Brown, Michelle Fish, Jillian Gautier, and Mark Muoio, the book also features contributions from Professor Baher Azmy of Seton Hall Law’s Center for Social Justice; Hon. John J. Gibbons, former chief judge of the U.S Court of Appeals for the Third Circuit; Major Michael D. Mori, U.S. Marine Corps; H. Candace Gorman, solo practitioner and author of The Guantanamo Blog; P. Sabin Willett, Partner at Bingham McCutchen; Amrit Singh, ACLU staff attorney and co-author of Administration of Torture, A Documentary of Record from Washington to Abu Ghraib and Beyond; NYU Law Associate Professor Margaret L. Slatterthwaite, and a whole host of other both prominent and unsung members of the bar and academia.

Andy Worthington had this to say:

This is a powerful book, covering every facet of the Bush administration’s lawless “War on Terror,” and is essential reading for anyone who wants an insight into the stories of the men held, from the only people outside the US administration (and the International Committee of the Red Cross) who have been allowed to meet them. It is also invaluable for anyone who wants to understand the legal struggles to secure rights for these men, and to hear, from first-hand experience, the kinds of obstructions that have been raised at every step of the way between the lawyers and their clients.

In addition to his review of the book, Worthington also published a lecture Professor Hafetz recently gave at the Harris Institute, Washington University School of Law on “Guantánamo and the Rule of Law.” As noted by Worthington, the lecture serves as “an excellent introduction to the book and its themes.”

Publisher’s Weekly:

This collection of stirring narrative, government data and testimony, edited by two of the lawyers for those detained by the Bush administration as unlawful combatants at Guantánamo, puts America on notice about the issues of civil liberties and constitutional freedoms. Denbeaux and Hafetz have edited together accounts from 100 other detainee advocates into a chronological narrative of legal battles: to gain access to their clients, to establish the detainees’ right to habeas corpus, to describe the occupants of “Gitmo” (at its peak, 750 from 40 countries) and the torture and mistreatment of detainees. They describe their clients as underlings, working stiffs and not the high officials of any terrorist group. Plowing through legal red tape, bureaucratic mumbo jumbo and political maneuvering, Denbeaux and Hafetz fight for the men who are isolated without diversions or outside contact. The desperate words, quoted here, of Gitmo detainees on torture grab the heart and do not let go. This compelling book on the American penal colony and its residents is a cautionary tale of overzealous executive wartime power and the awful mess it sometimes leaves behind.

document Read the full Andy Worthington review along with Professor Hafetz’s Washington University School of Law lecture here

document Read the Publishers Weekly review here

document Read the NYU Today Review here

document See The Guantanamo Lawyers website here

Professor John Kip Cornwell

John Kip Cornwell

Professor John Kip Cornwell in the Star Ledger on NJ’s Bias Crime Statute and in a Separate Article Regarding a Fourth Amendment Search and Seizure Issue

October 29, 2009

Professor John Kip Cornwell appeared in two articles in the Star Ledger. The first article regards New Jersey’s bias crime statute as applied in a murder case. In response to criticisms that “standard penalties are severe enough and sentences should be the same whether a victim was selected randomly or out of prejudice,” Professor Cornwell noted:

Yet judges also impose tougher sentences due to aggravating factors like the age or vulnerability of a victim, legal experts say. Making bias intimidation a separate offense has a similar intent, said John Kip Cornwell, a professor at Seton Hall Law School.

“With parole, the single penalty might not end up matching the severity of the crime," he said. "It’s a statement that that kind of animus is not going to be tolerated by the state -- it adds an extra measure of evil to the criminal act."

In the second article, “A Sex Case May Hinge on Unlisted Cell Phone,” Professor Cornwell was queried regarding a Fourth Amendment expectation of privacy in reference to the unlisted cell phone number of a middle school teacher accused of molesting a student. The teacher’s phone number was given to the police by the school’s principal—without a warrant or subpoena— and then used by the alleged victim to contact the teacher while police recorded the call. The attorney for the defense is seeking to have the recordings excluded as evidence from the trial on the grounds that such actions by the police constitute an unreasonable search and seizure under the Fourth Amendment, and that the teacher had a reasonable expectation of privacy in his unlisted phone number—even though he had given this unlisted cell phone number to school officials for a staff-contact list.

Professor Cornwell remarked: "I think he has a tough case. If he was aware police had access to his number (in an emergency file), then his claim has no merit. If he was unaware the school had provided the number to police -- even then I don't think he has a Fourth Amendment claim. If the school provided the number to police and it was reasonable for them to do so, then I don't see how their providing the number violated the Fourth Amendment."

document Read bias crime article "Men Charged in Plainfield Beating Death of Hispanic Immigrant are also Accused of Hate Crime, " on NJ.com

document Read the Fourth Amendment article "A Sex Case May Hinge on Unlisted Cell Phone," on NJ.com  

Professor Michael Ambrosio

Michael Ambrosio

Professor Michael Ambrosio in the New Jersey Law Journal, “Rethinking the Role of Corporate Counsel.”

October 26, 2009

Professor Michael Ambrosio published an Op-ed in the New Jersey Law Journal regarding the appropriate role of corporate counsel in light of recent corporate scandals.

Professor Ambrosio noted

The obligation of corporate counsel to represent the entity as distinct from other constituents entails an obligation to exercise independent judgment about the overriding interest of the corporation regarding any matter about which the lawyer has knowledge. Silence in the face of questionable conduct by corporate agents violates the lawyer's fiduciary duties of care and competence, utmost loyalty and good faith.

RPC 2.1 of the Model Rules of Professional Conduct exhorts the lawyer to offer more than technical legal advice. It says, "In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations, such as moral, economic, social and political facts that may be relevant to the client's situation."

The lawyer's ability to provide appropriate advice and willingness to prevent wrongful acts by corporate agents is an essential element of effective corporate governance. Lawyers should not be held responsible for ultra viras acts of corporate agents to which they are not privy, but they should be accountable for failing to act in the face of fraudulent or criminal conduct they could prevent.

document Read the full article on NJLJ (login required).

Professor John Coverdale

John Coverdale

Professor John Coverdale in the Star Ledger Regarding His New 13 Part EWTN Series on Opus Dei

October 8, 2009

Professor Coverdale was featured in an article in the Star Ledger, “Series sheds a different light on Catholic group Opus Dei” regarding his new 13 part weekly series on EWTN, the Global Catholic Network. Professor Coverdale also speaks about what it was like to share an office in Rome with Josemaria Escriva, who was canonized in 2002.

The Star Ledger reports that Professor Coverdale, who teaches tax and clerked for Justice Scalia when he sat on the First Circuit, is “a leading expert on Opus Dei, having written two scholarly works on the group: ‘Uncommon Faith: The Early Years of Opus Dei, 1928-1943,’ and ‘Putting Down Roots: Father Joseph Muzquiz and the Growth of Opus Dei.’”

The Ledger also reports that 

Much of the series focuses on the idea, propagated by Opus Dei, that lay people can find holiness in daily life through work, without joining the priesthood or living in a monastery. Coverdale said he hopes the series changes viewers' lives.

"I hope that people will come away primarily with the sense that "It seems to be a good group of people, I'd like to know them a little better,' and -- at least for some people -- "It makes sense to me that my work can be a path that leads to God,'" he said.

As for working with a one day Saint? Professor Coverdale remarked:

"He was such a warm, vibrant human being that I don't think personally the thought "saint,' the word "saint', occurred to me," Coverdale said. "We tend to think of saints as kind of distant. "And he was not that at all. He was funny, he was warm, he could lose his temper, he was human in every way."

document Read the full article here.

document Read more about the EWTN series



Ahmed Bulbulia

Professor Ahmed Bulbulia in the New Jersey Law Journal on Venue, Domicile and Conflicts of Law in Taiwan Magnate’s $10B Estate Case

October 8, 2009

Professor Bulbulia appeared in a New Jersey Law Journal article, “Lawyers Wrangle Over N.J. Venue for Taiwan Magnate's $10B Estate,” regarding litigation over the estate of Taiwanese industrialist  Wang Yung Chin who died in his Short Hills New Jersey home—intestate—last year. The estate is valued at $10 Billion and has pitted competing familial factions against each other as they vie for control of assets and administration. $7.5B is said to reside in U.S. and overseas trusts allegedly set up in a clandestine manner and born of undue influence. Primary issues are venue and choice of law. The deceased is said to have one primary and two “secondary” wives. Under Taiwanese law the “secondary wives” would reportedly share in the estate.

NJLJ reported that Professor Bulbulia, who was said to be following the case “with interest,” noted that  regarding the deceased’s eldest son

he suspects Winston Wong is seeking a U.S. venue to help him shed light on the offshore trusts started by Susan and Sandy Wang.

‘Because discovery rules here are significantly more expansive than anywhere else in the world, unearthing information about those trusts is something our courts are ready to do," says Bulbulia, who teaches conflict of law.

Bulbulia says the choice of venue will hinge on whether New Jersey or Taiwan is found to be Wang's actual domicile, which depends on his cumulative contacts with each locality. "Domicile is a very flexible, malleable concept," Bulbulia says.

document Read the full article here.

Professor Kathleen M. Boozang

Kathleen M. Boozang

Health Reform Watch Cited in the NY Times, Huffington Post, The Health Care Blog, & The New England Journal of Medicine’s website

October 5, 2009

Health Reform Watch, Seton Hall Law’s newest blog, was cited by the NY Times, the Huffington Post, The Health Care Blog, and in an article in the New England Journal of Medicine’s website.

In the Sunday New York Times (print, p. 20), a Health Reform Watch post by Professor Mark A. Hall regarding the constitutionality of mandatory health insurance was featured in an article, “A Constitutional Debate Over a Health Care Mandate.”

In the Huffington Post, journalist, professor, and founder of Fairness and Accuracy in Reporting (FAIR), Jeff Cohen cited to a Health Reform Watch post regarding Health Insurer CEO total compensation.

In The Health Care Blog, posts from Associate Dean Boozang and frequent HRW contributor Professor Tim Greaney were featured on separate days. Dean Boozang’s post regards nonprofit executive compensation, and Professor Greaney’s post is the first in a series regarding health reform and Medicare.

At the NEJM, an HRW post from Professor Timothy Jost, “Jost on Cooperatives,” was cited in an article by Jacob S. Hacker entitled “Poor Substitutes — Why Cooperatives and Triggers Can’t Achieve the Goals of a Public Option.” 

Professor Mark Alexander

Mark Alexander

Professor Mark Alexander in The Trenton Times on his Friend and Former Boss, Ted Kennedy

September 29, 2009

Professor Mark Alexander recently appeared in a featured Op-ed in the Trenton Times. In the piece, Professor Alexander remembers his friend and former boss, Ted Kennedy. Long before Professor Alexander worked as policy director for then-Senator Barack Obama’s presidential campaign, he did so for Senator Kennedy in a re-election campaign to the Senate. In the Op-ed, a memorial to a friend and mentor, Professor Alexander recounts the impact his relationship with the Senator has had in his own life, as well as the life of the country.

documentRead the full article here


Professor Kathleen M. Boozang

Kathleen M. Boozang

Associate Dean Boozang in the Star Ledger on Alleged Improprieties at Stevens Tech and the Extent of NJ State AG Milgram’s Power

September 21, 2009

Associate Dean Boozang appeared in a Star Ledger article regarding the recent alleged improprieties at Stevens Institute of Technology. NJ state Attorney General Anne Milgram has filed what the Ledger referred to as “sweeping charges” against Stevens, “alleging president Harold Raveche hid the school's deteriorating financial condition from the board of trustees while he pursued a campaign of aggressive expansion and improper spending.”

According to the Ledger,

“The state's 16-count lawsuit targets Raveche and board of trustees chairman Lawrence Babbio, seeking to force them from the board and pay restitution to Stevens for damage they allegedly caused to the school's endowment. She also wants reforms to accounting and governance at the Hoboken school….

Milgram also targeted Raveche’s compensation, which, according to her lawsuit, was 21 percent more than the president of MIT, even though the New England school's $2.3 billion annual budget dwarfed Stevens' $158 million budget.

Raveche's salary, benefits and perks, Milgram said, were often adjusted unilaterally by the compensation committee of the board -- organized by Babbio -- instead of the entire group.

In addition, Milgram said Raveche illegally received $1.8 million in loans from Stevens at a below-market rate.

The Ledger reports that “Stevens officials have not only contested Milgram's actions, but filed their own lawsuit Wednesday, saying the attorney general overstepped her authority by seeking changes at the private school.”

Dean Boozang noted that “Milgram has clear power over nonprofits, but it's ambiguous how extensive those powers are.”

"The attorney general is stepping into uncharted territory," Boozang said. "Is it within the scope of her authority to remove the president and chairman on a board? Can she say a salary is not the right amount? That's all an open question."

Boozang said Milgram's lawsuit could set a precedent because legal action against nonprofits is rare, largely because nonprofits don't have shareholders like large corporations. Read more here. 

documentRead the full article here


Professor Stephen Lubben

Professor Stephen Lubben

Professor Lubben in the Wall St. Journal about his GM & Chrysler Bankruptcy TARP Testimony

September 11, 2009

The Wall St. Journal featured portions of Professor Lubben’s testimony to the Congressional Oversight Panel charged with monitoring the Troubled Asset Relief Program (TARP).

The article, “TARP Panel Chimes in on GM Chrysler,” appeared in the Bankruptcy Beat portion of the WSJ and regards the ongoing debate regarding the propriety of, and speed by which, Chrysler and GM proceeded with their Chapter 11 sales.

The panel, headed by bankruptcy expert and Harvard law Professor Elizabeth Warren, recently released a 215 page report which, according to WSJ “dismisses claims that the government-backed sales, conducted under Section 363 of the Bankruptcy Code, violated the rights of senior creditors and amounted to an improper use of bankruptcy law.” In doing so, the panel agreed with Professor Lubben.

In preparing its report the panel sought the legal opinions through testimony of only two bankruptcy professors. WSJ reports that “the panel asked New York University School of Law Professor Barry Adler and Stephen Lubben, a professor at Seton Hall University School of Law, to offer their takes on the use of the bankruptcy process to facilitate the Chrysler and GM sales.”

Professor Adler “believes the 363 sales ‘established a precedent for the disregard of creditor rights,’” and suggested that Congress make changes in the bankruptcy law.

WSJ reports that Professor Lubben, however

believes the criticism of the bankruptcy process in the GM and Chrysler restructurings is much ado about nothing.

"Many of the arguments against these cases, particularly those made in the press and by some of the participants in the cases, are hopelessly vague and amount, at heart, to a statement that the government should prefer investors over unions. These are essentially political questions that do not support their related arguments, including that these cases somehow violated the ‘rule of law.’ The rule of law is not violated by a policy disagreement."

Lubben said the quick, lender-controlled 363 sales that took place in the GM and Chrysler bankruptcy cases are "entirely within the mainstream" of Chapter 11 practice for the last 10 years.

"Congress may well decide, as a matter of policy, that this should end, but until it does there is little to the idea that these cases are ‘unprecedented’ in their structure," he wrote. "The identity of the [debtor-in-possession] lender is novel, but what happened is routine."

documentRead the full article here

documentRead the full COP TARP Report Here

documentRead Professor Lubben’s Testimony Here



Professor Margaret K. Lewis

Professor Margaret K. Lewis Featured in The National Law Journal on the Role of International Law in Legal Education

September 9, 2009

Professor Margaret K. Lewis published a feature article in The National Law Journal regarding the importance of  International Law as part of the law school curriculum. In the article, Professor Lewis calls attention to the successful International Law initiatives of a number of schools, including Harvard, Michigan, Cornell, Bucerius and Seton Hall Law. In doing so, however, Professor Lewis also points out that the current legal climate and global economy requires continued steps to further incorporate international law into the legal educations of both students and attorneys in practice, and offers suggestions for implementing a curriculum which will serve to create effective transnational lawyers.

document Read the article here.




HealthReformWatch.com in the Las Vegas Sun on Health Insurer Competition, and in an Article by Maggie Mahar in The Century Foundation’s “Taking Note.”

September 9, 2009

HealthReformWatch.com, a web log of the Seton Hall University School of Law, Center for Health & Pharmaceutical Law & Policy, was quoted in a feature article in the Las Vegas Sun regarding the McCarran-Ferguson Act and competition amongst Health Insurers. The article quoted a blog post from Professor Tim Greaney, a preeminent Health Law scholar from St. Louis University School of Law and frequent contributor to HRW. Professor Greaney is scheduled to be on campus as a visiting professor in the spring of 2010.

document Read the Las Vegas Sun article here.
document Read the HRW blog post, “Paying Attention to Competition: Payors, Providers and the Public Plan,” here.

HealthReformWatch.com was also featured in an article, “The CBO's Dubious Health Care Cost Estimates,”by Maggie Mahar in The Century Foundation’s “Taking Note.” A former English Professor at Yale University, Ms. Mahar has written for such publications as the NY Times, Money magazine, and Barrons and is the author of “Money Driven Medicine,” which was made into a documentary recently featured by Bill Moyers’ Journal, Nightline, and NPR’s Fresh Air.

document Read Maggie Mahar’s article here.

Professor John Coverdale

Professor John Coverdale

Professor John Coverdale as Co-host of a Special EWTN 13 Part Series About Opus Dei and its Founder, Saint Josemaria Escriva

August 30, 2009

Professor John Coverdale is co-host along with Damon Owen of the 13 part featured series special, “St. Josemaria Escriva and Opus Dei.” The series is being broadcast by the Eternal Word Television Network (EWTN), “the largest religious media network in the world, transmitting programming 24 hours a day to more than 148 million homes in 144 countries and  territories.”

According to Opus Dei.org, “Beginning Sunday, August 30th…A new segment from the series will be broadcast every week for 13 weeks. Each week's segment will be broadcast three times: Sunday at 5 p.m., Tuesday at 3:30 a.m., and Friday at 10:30 p.m.”

Professor Coverdale worked with the Opus Dei founder, Saint Josemaria Escriva, in Rome from 1961 to 1968 and is the author of “Uncommon Faith,” a book about the early history of Opus Dei. His latest book, “Putting Down Roots: Father Joseph Muzquiz and the Growth of Opus Dei,” is published by Scepter Publishers and will be available in late fall.

EWTN describes the series, which also features a discussion with Archbishop John J. Myers about the role of Opus Dei in the Church, as follows: “Saint Josemaria Escriva ardently desired to open people to God’s presence in every aspect of their lives, not just Sunday Mass. In this exciting new series Damon Owen and John Coverdale explore the life, mission, and apostolate (Opus Dei) of this great modern saint.”

Professor Coverdale received his Ph.D from the University of Wisconsin in 1971 and afterwards taught History at both Princeton and Northwestern Universities. In 1984 he received his J.D. degree from the University of Chicago, where he was elected to the Order of the Coif and was an Editor of the University of Chicago Law Review. Prior to joining the Seton Hall Law faculty in 1993, Professor Coverdale clerked for Justice Antonin Scalia when he sat on the U.S. Court of Appeals for the D.C. Circuit, and afterwards worked as an attorney with Fried, Frank, Harris, Shriver and Jacobson, Washington, D.C.

See the EWTN description for each segment here


Professor Linda Fisher

Professor Linda Fisher on NY Daily News Columnist Errol Louis’ Radio Program Regarding Skyrocketing Home Foreclosures in NJ

August 29, 2009

Professor Linda Fisher was interviewed by New York Daily News columnist Errol Louis for a feature broadcast regarding the skyrocketing rate of New Jersey home foreclosures for his drivetime “Morning Show” on WWRL Radio.

In the interview, Professor Fisher noted that fraudulent loan practices and predatory lending have led to a great many of the foreclosures and that her work has shown a systemic practice of targeting the urban poor along racial lines for some of the most egregious loans. She also warns of the many scams that have arose which are designed to victimize borrowers who find themselves faced with foreclosure.

Professor Fisher, in her work along with Seton Hall Law students in the Center for Social Justice, has helped lead the legal fight against the widespread fraud and abuse which underlies the foreclosure crisis.

icon_listen Listen to the interview here.


Professor Solangel Maldonado 


Professor Wilfredo Caraballo

Professors Solangel Maldonado and Wilfredo Caraballo on “Due Process” Regarding the Confirmation and Jurisprudence of Supreme Court Justice Sotomayor

August 18, 2009

Professors Solangel Maldonado and Wilfredo Caraballo appeared on Due Process in regard to the confirmation of Supreme Court Justice Sonia Sotomayor. Professor Caraballo was called upon for background information on jurispudential process. Professor Maldonado, cited as both a friend of Justice Sotomayor and as a member of the Hispanic National Bar Association Scholars Group which produced the comprehensive report on the jurisprudence of Justice Sotomayor entered into the Hearing Record of the United States Senate, Committee on the Judiciary, appeared on the show as part of the panel discussion.

video Click here to see the program.


Professor Linda Fisher

Professor Linda Fisher in the Star Ledger on the Rise of N.J. Foreclosures

August 18, 2009

Professor Linda Fisher appeared in the Star Ledger regarding the 31 per cent rise in New Jersey foreclosures during the first half of 2009. The most recent report of the rise in home foreclosures came on the heels of a prior report that had seemed to show that foreclosures had declined in the state during the year’s first six months. However, the apparent decline has now been shown to be the result of an inability to file the paperwork in a timely manner. The Ledger reported that “foreclosure notices were being filed so quickly, the courts could not keep up with the paperwork.”

Professor Fisher, who has helped lead the fight against unfair mortgage and foreclosure practices in New Jersey through her work with Seton Hall Law students in the Center for Social Justice, pointed out that although some lenders have engaged in modification programs, those programs “are well-intentioned but are not working because lenders are refusing to lower the principal mortgage balance," and that “many of the modifications they're agreeing to are pretty cosmetic." Professor Fisher also noted that, as shown in the dramatic rise in the number of foreclosures thus far in 2009:  “The underlying problems aren't fixed."

document Read the full article here.


Ronald Riccio

Former Dean Ronald Riccio Requested by Mayor to Head Up Ethics Audit for Jersey City in the Star Ledger and Jersey Journal

August 12, 2009

The Star Ledger and The Jersey Journal report that in an effort to clear the air and ensure that Jersey City’s redevelopment process is “fully transparent, fair an efficient,” Mayor Jerramiah Healy has called upon former Seton Hall law dean Ronald Riccio, former U.S. attorney Walter Timpone, and Thomas Scivo, author of the "New Jersey Local Government Deskbook," to lead an audit of City development practices. The audit will entail the examination of documents and legislation as well as city employees through interviews. A report is expected in 90 days.

The mayor is also expected to sign an executive order requiring all city directors and employees involved in development to undergo mandatory ethics training within the next month. In addition, Mayor Healy has directed the Law Department to undertake an analysis of campaign contribution laws around the country and to engage in discussions with civic interest groups regarding new campaign contribution laws.

The Star Ledger reports that “William Dressel, executive director of the New Jersey League of Municipalities, yesterday commended Healy on calling for the audit and encouraged the ethics training.”

City Attorney Bill Matsikoudis stated: "We wanted attorneys that brought local government experience, prosecutorial experience, but -- most importantly -- unassailable integrity and gravitas.We think we found that in this trio.”

document Read the Star Ledger Article Here 
document Read The Jersey Journal Article Here
document Read the Jersey City Official Statement Here

Mark Denbeaux

Mark Denbeaux

Professor Mark Denbeaux on the Seton Hall Law/NYU Guantánamo Archives Project and His Forthcoming Book on BBC/Public Radio International's "The World," and in "Congressional Quarterly"

August 7, 2009

In addition to the recent feature article in The Chronicle of Higher Education, and articles by Georgetown Law, and the American Library Association’s College & Research Libraries News, Professor Mark Denbeaux was featured in an interview broadcast on Public Radio programs throughout the world regarding the Seton Hall Law/NYU Guantánamo Archives Project and his forthcoming book, "The Guantánamo Lawyers: Inside a Prison Outside the Law," published by New York University Press.

NYU has partnered with Seton Hall Law through it’s Tammiment Library to create this archive which

“…will collect records relating to the rules governing enemy combatants, legal strategies, prisoner interrogation, government representation of battlefield capture, recidivism, profiles of detainees, the detainees' stories, and the global detention system established by the Bush administration. The archive will include lawyers' records and oral histories, detainee oral histories, Department of Defense websites, photographs, videotapes, and electronic records.”

In the interview, Professor Denbeaux noted that:

“The lawyers are the depositories of a great deal of primary source, first person information. And all of us have become aware that there are many reasons to believe this will disappear. And the project will attempt first to preserve and protect the information that’s out there, and then to collect it. And one of the protection problems is that the government has asserted a right to destroy all of the secret documents that have been provided to us, upon the completion of the cases. So one of our problems is to make sure that all of the records are preserves as opposed to destroyed.”

icon_listen Listen to the interview here
(Prof. Denbeaux starts at 1min. 30 sec., just click on the black arrow)

document Read the transcript here

The CQ Weekly article also details the efforts of Professor Denbeaux, Seton Hall Law Adjunct Professor and ACLU attorney Jonathan Hafetz and NYU’s Tammiment Library to build the archive. It also describes some of the difficulty in doing so as it regards the completeness of documentation. CQ states:

"The pair have begun reaching out to about 500 attorneys who have represented Guantanamo detainees. The first of the records they have been given will be put on display this fall, at New York University's Tamiment Library and at Seton Hall, to coincide with publication of a book by Hafetz and Denbeaux, "The Guantanamo Lawyers: Inside a Prison Outside the Law."

However much they can collect and make available, the picture will be incomplete, mainly because some of the detainees who have been released cannot now be located, while others are unwilling to have their records made public. And records related to unresolved cases may take years to gather.

Most thorny is the status of evidence against detainees that's been stamped as classified. Their lawyers were required to sign releases permitting the government to destroy such material at the conclusion of the prosecutions. Denbeaux and Hafetz say they don't think the records have been destroyed, but saving them would take either help from the Obama administration or a court battle."


Professor Stephen Lubben

Professor Stephen Lubben on Tax Priorities in the Lehman Bros. Bankruptcy in Forbes.com, and on Lehman Bros. Bankruptcy Fees in The American Lawyer.

August 7, 2009

Professor Stephen Lubben appeared in Forbes.com in regard to the priority given to tax debt in bankruptcy proceedings. The article, “Cash-starved U.S. municipalities seek $1 billion from Lehman,” details how various “local and state governments entered claims for more than $975 million with the bankruptcy court in Manhattan for unpaid taxes, breach of contract and investments, such as commercial paper, that were issued by Lehman Brothers.”

Claimants include NYC, Chicago, Long Beach California, and the state of Arizona.

NYC is said to have discovered the unpaid taxes, which cover from 1996 to May of this year, through an audit.

Professor Lubben explained how this may be problematic for NYC:

"There is a priority for tax claims in bankruptcy," said Stephen Lubben, a professor with Seton Hall Law School in Newark, New Jersey. "Priority is somewhat limited. It has to be for really recent tax claims. That may be an issue with New York City."

document Read the full article here

In The American Lawyer, Professor Lubben, who was principal investigator under the American Bankruptcy Institute’s leading empirical study of professional fees in chapter 11 bankruptcy cases, was called upon to comment on the Lehman Bros. bankruptcy fees charged by its attorney, Weil, Gotshal & Manges. More precisely, to comment upon the fee committee appointed by the court, at the behest of Weil, to review fees in the case which have been billed at up to $1,170 per hour for partners and $355-$465 per hour for first year associates.

Professor Lubben is said to have puzzled at why much of the work and analysis of the fee committee would not be made publicly available. The article notes that such committees are not unusual in huge bankruptcy cases—both Enron and Adelphia Communications Corp. had them—but that it is unusual that “much of this committee’s work will be confidential , as required by the “Fee Protocol” that Weil drafted.”

The article notes that

This has some bankruptcy experts scratching their heads. “As adjuncts to the bankruptcy court, it would seem to me that the reports of the committee should be publicly available,” says Professor Stephen Lubben of Seton Hall University School of Law. In Enron and Adelphia, by contrast, the fee committees’ reports were public.

document Read the full article, "So Sensitive" (subscription required)

Solagel Maldonado

Solangel Maldonado

Professor Solangel Maldonado, “Report of the HNBA in Support of the Confirmation of the Honorable Sonia Sotomayor as Associate Justice of the Supreme Court of the United States,” entered into the Hearing Record of the United States Senate, Committee on the Judiciary.

August 6, 2009

Professor Solangel Maldonado, commissioned along with five other members of the Hispanic National Bar Association Scholars Group, produced a comprehensive report on the jurisprudence of Supreme Court nominee, Judge Sonia Sotomayor.

The Scholars Group, which reviewed and analyzed over 100 cases as well as scholarship, endorsed the nomination, concluding that
Judge Sotomayor is a brilliant, well-respected jurist. She adheres to precedent and applies the law narrowly. Her opinions are clear, concise, narrowly written and fact intensive as well as fact reliant. They also are based on a pragmatic approach to decision-making. Her opinions reveal her concern with the impact of the decisions on the parties and the precedential application of the opinions by the district courts. The review of the cases contained in this report establish that Judge Sotomayor is keenly aware of the importance and limits of judicial review, as well as the deference due Congressional mandates and administrative agencies’ regulatory interpretations. Judge Sotomayor is exceptionally qualified and prepared to serve as an Associate Justice on the United States Supreme Court.

The Senate confirmed Judge Sotomayor’s nomination on August 6, 2009; she was sworn in as Associate Justice to the Supreme Court on August 8, 2009."

To see the full report, click on the link below and scroll down the Senate Committee on the Judiciary Page, the report, one of only 16 listed as entered into the Hearing Record, may be found by clicking on “Hispanic National Bar Association” under “Studies and Reports.”

document View "Hispanic National Bar Association" Report


Professor Stephen Lubben

Professor Stephen Lubben on Detroit’s Bankruptcies and the gist of his testimony before the TARP Congressional Oversight Panel in Forbes & The Wall St. Journal.

July 27, 2009

Professor Stephen Lubben, who is scheduled to testify before the TARP Congressional Oversight Panel on the automaker bankruptcies, gave a preview of his testimony to the readers of Forbes in “The Truth About Detroit’s Bankruptcies.” Professor Lubben, along with other noted finance & bankruptcy experts, is scheduled to testify before the Panel on Monday, July 27th.

The Wall Street Journal’s Bankruptcy Beat also featured Professor Lubben’s Forbes commentary as well as a recording of his testimony before the Congressional Oversight Panel.

document Read the Forbes commentary here.

document See the Congressional Oversight Panel Schedule here.

document Read the Wall St. Journal article here.

document Listen to the COP testimony here.


Professor Baher Azmy

Professor Baher Azmy and Bassina Farbenblum on Mass Arrests of Alleged Gang Members by Immigration Agents in New Jersey (ICE Raids)

July 9, 2009

Professor Baher Azmy and former Practitioner in Residence for the Center for Social Justice, Bassina Farbenblum, appeared in the Star Ledger regarding the mass arrests of alleged gang members by federal immigration agents in New Jersey.

The Ledger reports that 46 suspected gang members were arrested. U.S. Immigrant and Customs Enforcement (ICE) spokesman Harold Ort said in a release that “Of those arrested, 33 are believed to be in the country illegally and face deportation.” Of the 46 arrested under the auspices of gang involvement, however, the Star Ledger reports that Mr. Ort “identified only four alleged gang members: Javier Castro, 24, of MS-13; Moises Cabrera, 19, with the Trinitario gang; Israel Nocelotl, 20, and Mario Onorio, 22, with the Los Pitufos gang.”

The Ledger further reports that:

“The sweep was part of ICE's Operation Community Shield campaign which, in cooperation with state and local authorities, targets violent gangs….

The campaign initially focused on MS-13 members, a transnational street gang with roots in Central America, according to the agency's website.

In May, the program expanded to target all transnational gangs, but the agency's raids have been criticized for targeting illegal immigrants and not being tailored narrowly enough toward gang members.”

"Maybe this raid was very precise," said Baher Azmy, a professor at Seton Hall School of Law. "But we've known historically, these programs start and continue under a pretext that they are going after criminal fugitives. But very soon after (the programs') creation, agents are explicitly authorized to make so-called collateral arrests during the raids, which is to say people who are not under criminal suspicion but are perceived to be potentially unlawful."

The article further noted that

In November, ICE agents arrested 33 people in Butler and Bloomingdale, including 12 people the agency claimed were gang members from Mexico.

At the time, the raid drew a strong reaction from Bassina Farbenblum, who worked as an attorney with Seton Hall School of Law's Center for Social Justice.

"These numbers reveal that about a third of the arrests were gang members, and presumably the others were swept up in dragnets," she said of the November raids, referring to immigration sweeps.

The Seton Hall Law Center for Social Justice filed suit against ICE prior to this latest roundup and recently prevailed in Federal Court in an effort to hold top level officials responsible for the discriminatory practices of the agency.

United States District Court Judge Peter Sheridan denied a Department of Justice request to dismiss an action filed by immigrant residents in New Jersey which challenges a pattern and practice of unconstitutional pre-dawn home raids by Immigration and Customs Enforcement (ICE) officials.  Recognizing the seriousness of the allegations against the Government, Judge Sheridan ruled that courts must have an opportunity to offer redress where “federal officials may have violated lawful residents’ fundamental constitutional rights.”

The decision also rejected the Justice Department’s assertion that high-level Government officials such as Julie M. Myers, the former Assistant Secretary for Homeland Security, were entitled to immunity from suit.  The court ruled that the plaintiffs had sufficiently demonstrated, at this stage of the case, that such Government officials had knowledge of, and acquiesced in, unconstitutional practices by ICE officers.  A copy of the decision can be found at http://law.shu.edu/ProgramsCenters/PublicIntGovServ/ICE-Raids-cases.cfm

document Read the Star Ledger story here



Professor Mark Denbeaux

Professor Mark Denbeaux on the Seton Hall Law/NYU Guantánamo Archives Project and His Upcoming Book in a Feature Article in The Chronicle of Higher Education

July 9, 2009

Professor Mark Denbeaux, Director of the Center for Policy & Research, was featured in a an article, “Scholars Race to Preserve Guantánamo Records,” in The Chronicle of Higher Education. The article is about the Seton Hall Law/NYU Guantanamo Archives Project; NYU has partnered with Seton Hall Law through it’s Tammiment Library to create this archive which

“…will collect records relating to the rules governing enemy combatants, legal strategies, prisoner interrogation, government representation of battlefield capture, recidivism, profiles of detainees, the detainees' stories, and the global detention system established by the Bush administration.

The archive will include lawyers' records and oral histories, detainee oral histories, Department of Defense websites, photographs, videotapes, and electronic records.”

The article tells how

“With the help of Michael Nash, director of New York University's Tamiment Library, Mr. Denbeaux and Jonathan Hafetz, a fellow Guantánamo defense attorney who works for the American Civil Liberties Union and is an adjunct professor at Seton Hall's law school, are trying to collect as much primary material as possible now, before stories and documents disappear. The archive will be housed at Seton Hall and at NYU.”

And how

“The first materials to be added to the archive will be first-person, defense-attorney accounts the two men collected for a forthcoming book they edited, The Guantánamo Lawyers: Inside a Prison Outside the Law. New York University Press will publish it in the fall, which is when the first Guantánamo archival materials should be available online.”

Professor Denbeaux noted: “We know, at the time it's happening, that Guantánamo has potential for iconic and historical significance, and the truth of Guantánamo is going to be a matter of great importance," says Mr. Denbeaux. "It's been my experience that the battle to redefine these sorts of events can be lost if one side is more organized and eager to present its point of view.”

Read the full article here.


Professor Michael Risinger

Professor Michael Risinger on a “Bodyless” Murder Prosecution in the Star Ledger

July 9, 2009

Professor Michael Risinger appeared in the Star Ledger regarding the Essex County prosecution of a father and son whom the Ledger reports have been indicted “for conspiracy to commit murder, unlawful disturbing and concealing human remains, hindering apprehension or prosecution, obstructing the administration of law and tampering with evidence.”

The indictments spur from the supposed death of Jordan Vorhees, nephew and cousin to the accused father and son, respectively. Although the two men are accused in the death of Vorhees, a body has not yet been found. This despite a two month search by divers in the marshes of the Meadowlands, where the prosecution is said to believe the father and son disposed of the body “near one of their favorite fishing spots.”

The Ledger reports that this “may be the state's first murder trial without the victim's corpse as evidence, ”and that the prosecution “told reporters today their circumstantial case was strong enough to convince a jury and win the convictions of the two suspects, even without the victim's corpse,” Professor Risinger, however, noted:

A body can provide a wealth of information which won't be available to prosecutors, said Michael Risinger a Seton Hall Law School professor who specializes in evidence.

The medical examiner's autopsy report, post-mortem photographs of the victim, bullets removed from the victim's body and a coroner taking the stand to explain them are all common episodes in a murder trial that will be absent from Neafsey's case, Risinger said.

"This makes a trial a lot harder," Risinger said. "There's always the possibility of things going wrong in the jury room."

A single juror is able to conjure up theories about what may have happened during the crime to replace facts that would have been provided by the victim's corpse, he said.

Murder cases without victim's corpses have dotted the history of the Anglo-American judicial tradition, Risinger said.

But Risinger was at a loss to recall a New Jersey murder case that lacked the victim's body.

"It could be that we have never had a prosecution or conviction without a body available," he said.”

The Ledger reports that “George Thomas, a Rutgers Law School criminal law professor, was also hard-pressed to recall such a case.”

document Read the full story here


Professor Stephen Lubben

Professor Stephen Lubben’s Credit Slips Blogs Cited by Court in G.M. Bankruptcy Decision

July 9, 2009

The U.S. Bankruptcy Court, S.D.N.Y., cited Professor Stephen Lubben’s blog posts on Credit Slips in a decision in the General Motors case. The court cited Professor Lubben’s blog posts for the proposition that the word “‘interest’ has wholly different meanings as used in various places in the [Bankruptcy] Code.”  Buttressing that position, in fn. 96 (p. 54), the court directs:

"See Postings of Stephen Lubben, Professor at Seton Hall Law School, to Credit Slips: http://www.creditslips.org/creditslips/2009/06/claim-or-interest.html  (June 13, 2009, 8:25 PM EST) http://www.creditslips.org/creditslips/2009/06/claim-or-interest-part-2.html (June 14, 2009, 6:42 PM EST)

Blogs are a fairly recent phenomenon in the law, providing a useful forum for interchanges of ideas. While comments in blogs lack the editing and peer review characteristics of law journals, and probably should be considered judiciously, they may nevertheless be quite useful, especially as food for thought, and may be regarded as simply another kind of secondary authority, whose value simply turns on the rigor of the analysis in the underlying ideas they express."

The opinion then goes on to state that as regards the variation of the meaning of the word “interest” within different sections of the Code:

"Thus, as Lubben suggests, and the Court agrees, in section 1141 'interest' matches up with 'equity,' and 'claim' matches up with debt [Court here again cites to Professor Lubben blog, fn. 98]. Section 1141 is of no assistance in determining whether litigation rights transmitted through transfers of property fall within the meaning of 'interests in property.' Section 1141 does not provide a yardstick by which section 363(f)’s meaning can be judged." (p. 56).

document Read the Opinion here.


Professor Emily Goldberg

Emily Goldberg, CSJ,  Wins Class-Action Cert. in Passaic County Jail Suit

June 3, 2009

In September of 2008, Professor Emily Goldberg filed a class class action lawsuit on behalf eight current or former inmates of the Passaic County Jail, alleging inhumane conditions at the jail such as overcrowding, excessive heat in the summer, extreme cold in the winter, and rodent infestations.  Seton Hall University School of Law’s Center for Social Justice (CSJ), the American Civil Liberties Union of New Jersey (ACLU-NJ), and Dechert LLP are representing the plaintiffs.  In early 2008, the U.S. Marshals Service actually removed all federal detainees from the Passaic County Jail after United States District Court Judge Katharine S. Hayden issued a ruling that found the jail’s conditions so horrendous as to be punitive, calling the conditions “shameful.”

On May 27, 2009, U.S. District Court Judge Dennis Cavanaugh certified the suit (Colon v. Passaic County, 08-Civ.-4439) for class-action, thus allowing any inmate who is incarcerated at the jail during the course of the lawsuit -- from September 2008 until its resolution -- to be included in the case.  The certification came despite opposition from Passaic County, and on the heels of a previous unsuccessful attempt by the county to have the case itself dismissed.

document Read the Star Ledger article here.

document Read the NJLJ article here.

document Read the decision here.

Stephen Lubben

Appearing in Everything from the Wall Street Journal to the Himalayan Times

May 28, 2009

In the last few weeks Professor Stephen Lubben has appeared in literally hundreds of news sources throughout the world, including: The Wall St. Journal, NY Times, Washington Post, Time.com, Guardian (U.K.), China Daily, Huffington Post, Forbes.com, Salon.com, Bloomberg.com, Hufvudstadsbladet (Swedish), The Budapest Business Journal, and even the Himalayan Times.

In addition, he has offered his bankruptcy expertise on Toronto Talk Radio and Michigan CBS TV News, as well as resuming his guest role on the preeminent bankruptcy blog, CreditSlips.org. A sampling may be found below:

Washington Post, Time.com, US likely taking majority ownership of GM, May 27

document Read the Washington Post article here.

document Read the Time.com article here.

China Daily, As union agrees to smaller stake, will GM sweeten pot to bondholders or give share to gov't? May 27

document Read the China Daily article here.

Hufvudstadsbladet, GM-konkurs väntas till helgen, May 27

document Read the Hufvudstadsbladet article here.

Dow Jones, U.S. Lawmakers Weigh Limits On Bankruptcy Venue Shopping, May 27

document Read the Dow Jones article here.

NY Times, Fate of GM Lies With Recalcitrant Bondholders, May 26

document Read the NY Times article here.

Salon.com, Who is screwing with bankruptcy law? (interview), May 23

document Read the Salon.com article here.

Reuters, The Budapest Business Journal, Bankruptcy surgery revives Chrysler after all, May 22

document Read the Reuters article here.

document Read The Budapest Business Journal article here.

NorthJersey.com, GM bankruptcy now 'probable', May 15

document Read the NorthJersey.com article here.

Wall St. Journal, Market Beat, GM’s Shares touch depression era lows, May 13

document Read the Wall St. Journal, Market Beat, article here.

Wall St. Journal, Officials at GM sell their shares, May 13

document Read the Wall St. Journal article here.

Credit Slips, Look for Lubben's Lucidity Here, May 12

document Read the Credit Slips article here.

Newstalk 1010 CFRB, Toronto, May 12

icon_listen Listen to the Newstalk discussion here.

Washington Post, Huffington Post, The Himalayan Times, Experts: GM bankruptcy is almost inevitable, May 10

document Read the Huffington Post article here.

document Read the Washington Post article here.

document Read The Himalayan Times article here.

Guardian (U.K.), NHL seeks control of bankrupt Phoenix team, May 8

document Read the Gaurdian (U.K.) article here.

Wall St. Journal, The Daily Docket: GM Posts $6B Loss, May 7

document Read the Wall St. Journal, The Daily Docket, article here.

Bloomberg.com, Chrysler Lawyers Seek Fees Before Other Creditors, May 7

document Read the Bloomberg.com article here.

Bloomberg.com, Chrysler Lawyers May Get $200 Million From Bankruptcy Case Work, May 2

document Read the Bloomberg.com article here.

Forbes.com, Chrysler quick sale will test bankruptcy limits, May 1

document Read the Forbes.com article here.

The Detroit News, Pain and gain await Chrysler in bankruptcy court, May 1

document Read The Detriot News article here.

Forbes.com, GM bondholders seek to take majority stake, April 30

document Read the Forbes.com article here.


Linda Fisher

Prof. Linda Fisher on Mortgage Scams in the NY Times

May 19, 2009

Professor Linda Fisher appeared in a New York Times article dealing with the prevalence of home foreclosures in New Jersey. The article, "In New Jersey, Dreams of a Better Life Dashed by Foreclosure Crisis," places particular emphasis on New Jersey's urban areas, such as Irvington and Newark, which "have helped give Essex County a foreclosure rate almost double the overall rate in the region." 

The Times also noted that "At least 6 percent of Essex County homes — more than 10,000 in all — have been in foreclosure since 2005, the highest rate of any county in New Jersey, New York City, Long Island or the Connecticut suburbs…" and that  "the problem has hit heaviest in the state's urban areas — cities including Newark, Paterson, Elizabeth and Willingboro — where most residents are black or Hispanic, according to an analysis by The Times of data from American Foreclosures Inc., publishers of NJLisPendens.com. In New Jersey's mostly black census tracts, more than 9 percent of homes have been in foreclosure since 2005 — more than four times the rate for mostly white tracts. In primarily Hispanic areas, the rate was more than 6 percent, triple the rate in mostly white tracts."

Professor Fisher, who along with the Center for Social Justice has defended many New Jersey homeowners against mortgage scams and foreclosures, noted that "in black neighborhoods with high rates of subprime lending, fraud at some point in the mortgage process 'was near universal,'" and that borrowers did not cease to fall prey to scam artists once the foreclosure process commenced:

"In the last year, Professor Fisher said, a new scheme aimed at borrowers has become more common: so-called modification scams in which borrowers are asked for upfront fees in exchange for help modifying their loans. And foreclosure rescue schemes involving straw purchasers have increased faster than prosecutors can contain them, she said."

document Read the full article here.

John Jacobi

Professor John Jacobi on WCBS Radio Regarding NJ Supreme Court Megan's Law Decision

May 13, 2009

Professor Jacobi was featured on WCBS Radio to comment on the recent unanimous NJ Supreme Court ruling which held that towns cannot restrict where convicted sex offenders can live once they've been released, because town ordinances which seek to do so are preempted by Megan's Law.
Professor Jacobi, citing the "comprehensive" nature of Megan's Law, said that town's seeking to develop ordinances in regard to Megan's Law issues, should work those ordinances out with the State Attorney General.

icon_listen  Prof. Jacobi - Megan's Law part 1
icon_listen  Prof. Jacobi - Megan's Law part 2

Leena Khandwala

CSJ Clinical Teaching Fellow, Leena Khandwala, "Stop Tearing Immigrant Mothers Away from their Children," in The Progressive

May 13, 2009

Center for Social Justice Teaching Fellow, Leena Khandwala wrote an Op-ed piece which was featured in The Progressive and also appeared in McClatchey and Democratic Undrground.org. The editorial, "Stop Tearing Immigrant Mothers Away from their Children," highlighted the plight of immigrant Mothers: "people seeking asylum, refugees and victims of human trafficking and other crimes" who face numerous state imposed obstacles to being rejoined with their children. The Op-ed appeared on Mothers Day.

document Read the full article here.

Linda Fisher

Professor Linda Fisher on Subprime Mortgage Scams in Video Featured in the Huffington Post

May 13, 2009

Professor Linda Fisher of CSJ appeared in a video, "Road to Ruin: Mortgage Fraud Scandal Brewing," which was featured in the Huffington Post. Through the Center for Social Justice, Professor Fisher and her students have successfully defended borrowers in foreclosure and pursued a variety of consumer claims against predatory lenders and foreclosure rescue scammers.

In the video, Professor Fisher noted her experience in Seton Hall Law's Clinical Program: "Generally, if we see a subprime foreclosure, we've come to expect we probably will find some kind of fraud in there as well."

video  Watch the video here



Professor Kevin Kelly in the Newark Star Ledger Regarding the Growing Trend of Divorce Settlement Modifications Due to the Economy

May 3, 2009

Professor Kevin Kelly appeared in a Sunday Feature (5/3) of the Newark Star Ledger regarding the growing trend towards divorce settlement renegotiations and formal modification due to the economy. The article, "Our divorce settlement: Till recession does it last," portrays a rising tide of settlement renegotiations, with payor ex-spouses besieging attorneys and the courts to have both alimony and child support obligations lowered through modification due to "a change of circumstances."

The article states that  "While the Administrative Office of the Courts does not maintain statistics on the issue, lawyers and judges across the state say the recession is fueling a dramatic increase in applications to change divorce settlements," and that although it "was once quite rare for a judge to grant such motions….attorneys say there is now a perception among lawyers that the claims of financial hardship are more likely true than not, and judges are more inclined to accept the argument that a person can't find a job or that his or her income has been sharply reduced."

The article also states that "the search for relief is reaching across all income brackets," and cites the experience of the Center for Social Justice and Professor Kelly for the proposition:

At Seton Hall's Family Law Clinic, the typical client earns $8 to $12 an hour, and many are women asking a judge to establish support right after a divorce or seeking enforcement of an existing order.

Kevin B. Kelly, one of two professors supervising law students who staff the clinic, says that in the past judges were more apt to uphold the original obligation.

"What you're seeing now is judges being very empathetic with these parties and lowering support obligations, giving people much more leniency in terms of enforcement," he said.

As a result, he said, the clinic's clients are trying to be more understanding about money issues. Kelly cited one woman who was entitled to proof of what her husband makes as a driver for a car service -- but she didn't push the issue.

"This woman understands, 'Maybe I could get more out of him, but I'm just happy to be getting what I'm getting.' ... She just didn't want to alienate him or risk losing what she's already got."

document Read the full article here.


Professor Stephen lubben

New York Times, Chicago Tribune and more

April 24, 2009

Professor Lubben appeared in the New York Times and Associated Press sources throughout the country to offer commentary and analysis on the prospect and implications of a Chrysler bankruptcy.

Attempting to avoid bankruptcy and under government pressure to restructure quickly, Chrysler is said to be in the midst of trying to work out a deal to partner with Fiat, and must do so, and "cut debt and reduce labor costs by April 30 if it wants an additional $6 billion" in government loans.

Professor Lubben asserted, however, that "bankruptcy was looking increasingly likely," and stated that "It seems to me that even if they do work a deal out with Fiat, that Fiat is going to want the protection of buying assets through the bankruptcy process."

document Read the New York Times story here.

document Read the Chicago Tribune story here.

document Read the PBS story here.

document Read the BusinessWeek story here.


Professor Bassina  Farbenblum

New York Times

"Crossing the Line"

April 23, 2009

Professor Bassina Farbenblum appeared in a variety of media and languages regarding her most recent Center for Social Justice report, Crossing the Line: Damaging Immigration Enforcement Practices by New Jersey Police Following Attorney General Law Enforcement Directive 2007-3. The New York Times reported that:

Many police officers in New Jersey are misusing a 2007 directive by the state's attorney general by questioning the immigration status of Latino drivers, passengers, pedestrians and even crime victims, reporting them to federal immigration authorities and jailing some for days without criminal charges, according to a Seton Hall Law School study.

"The data suggests a disturbing trend towards racial profiling by the New Jersey police," said Bassina Farbenblum, a lawyer with the law school's Center for Social Justice, which gathered details of 68 cases over the past nine months in which people were questioned about their immigration status for no apparent reason, or after minor infractions, like rolling through a stop sign. None involved drunken driving or the use of false documents.

document Read the full New York Times article here.

document Read the Philadelphia Inquirer article here.

document Read the Bergen Record article here.

document Read the New American Media.org article here.

document Read the Sina.com (Chinese) article here.

document Read the Nowy Dziennik (Polish) article here.

document Read the report here.


Professor Stephen lubben


"Weil Gotshal May Get $230 Million If GM Goes Bankrupt"

April 17, 2009

Professor Lubben appeared in Bloomberg.com, "Weil Gotshal May Get $230 Million If GM Goes Bankrupt," to discuss the prospect and implications of bankruptcy for General Motors and, more specifically, the fees that such a bankruptcy would generate for lead counsel. The article reports that Weil Gotshal & Manges LLP, "a longtime GM counsel now advising the company on restructuring, hopes to take charge of the bankruptcy case if the carmaker's out-of-court restructuring effort fails."

The article states that "Weil Gotshal & Manges LLP may earn an estimated $230 million in legal fees should General Motors Corp. file for bankruptcy protection -- more than the record the firm is likely to take in advising Lehman Brothers Holdings Inc. on the largest bankruptcy in U.S. history."

In addition to the potential for record fees, because an expedited timeline may be sought, G.M bankruptcy protection would also produce substantial, and quite possibly record breaking, employment for attorneys. Bloomberg states that "More than 500 Weil lawyers worked on Enron, the energy trader that collapsed in 2001, according to court papers."

Professor Lubben stated: "If GM wanted to get out of bankruptcy inside of a year the number of lawyers needed could easily exceed the figure from Enron." But also noted that "That would be a very aggressive timeline for any large corporation."

Contracts Prof Blog

"Top Ten Most Downloaded Papers

Professor Lubben was also featured on the Contracts Prof Blog's top ten most-downloaded new papers from the SSRN Journal of Contract and Commercial Law" Professor Lubben's latest paper, The Sale of the Century and its Impact on Asset Securitization: Lehman Brothers, Stephen J. Lubben (Seton Hall) & Chip Bowles (Greenebaum Doll & McDonald), has risen rapidly through the rankings.

For the 60 days ending on April 13, 2009, Professor Lubben's paper ranked 2nd in the nation. In the two weeks prior it had risen from 9th and 5th place.

See the list here.


Professor Judson jennings

WCBS Radio

April 7, 2009

Professor Judson Jennings was interviewed for WCBS News Radio regarding the case of a 14 year old girl from Clifton NJ who was said to have posted nude pictures of herself on MySpace, purportedly for her boyfriend to view. The teen was charged with one count of possession of child pornography and one count of distribution of child pornography. A.P. reports that "If convicted of the distribution charge, she would be forced to register with the state as a sex offender under Megan's Law, said state Attorney General Anne Milgram. She also could face up to 17 years in jail, though such a stiff sentence is unlikely."

Professor Jennings commented that "Historically, we had the notion of juvenile court and juvenile delinquent proceedings based upon the theory that young people sometimes do foolish things," and that considering that the child pornography laws were originally intended to protect children from predators,"it seems ironic that laws that were designed to protect children are now being enforced against children."

icon_listen Listen here 1.

icon_listen Listen here 2.

icon_listen Listen here 3.


Professor Paula Franzese


"Jersey Ethics Laws Too Often Don't Reach The Local Levels"

April 3, 2009

Professor Paula Franzese and Justice O'Hern appeared in the Star Ledger as Guest Columnists. Professor Franzese, authored this op-ed piece on New Jersey ethics laws with Justice O'Hern that appeared in The Star-Ledger and on NJ Voices the day after his death. In addition to the op-ed piece, Professor Franzese also published a remembrance of her friend, colleague and mentor, Daniel O'Hern, who lived a life in the Law and left a legacy of justice.

document Read the Professor Franzese and Justice O'Hern op-ed piece here.

document Read Professor Franzese's remembrance of Justice O'Hern here.

document Read the Newark Star Ledger article regarding Justice O'Hern's life and passing here.


Professor Mark Alexander

New Jersey Network

"Due Process"

March 31, 2009

Professor Mark Alexander, Obama Policy Aid, N.J. State Director of the Campaign, and member of the Obama Transition Team, was interviewed on Due Process regarding the justice concerns with which the new president will have to cope.

Professor Alexander appeared on the award winning show hosted by Raymond Brown and Sandra King along with former NJ Supreme Ct. Justice and Attorney General Peter Verniero. The group discussed issues such as: the politicization of the Justice Department under President Bush; Guantanamo and the need for an independent investigation of what happened in regard to torture and fundamental violations of human rights; Immigration; the policy regarding open homosexuality in the military, Don't ask don't tell; the plight of inner city black males and what steps might be expected to be taken to ease that plight; and the future of the "War on Drugs" in this country.

When asked if the American "justice picture" will look different four years from now, Professor Alexander responded: America will look like a much better place: committed to the Rule of Law; committed to firm and fair prosecution of those who violate the law. A beacon for the world.

video Watch the Due Process interview here.


Professor Mark Denbeaux

The Guardian

"Who are the worst of the worst?"

March 20, 2009

Professor Mark Denbeaux and the Center for Policy and Research are featured in this article by Andy Worthington which considers the Pentagon claims regarding released Guantanamo detainee recidivism. The article notes that

In January, when the Pentagon issued a press release announcing that 61 former prisoners had returned to the battlefield, researchers at the Seton Hall Law School in New Jersey, who have been monitoring the Pentagon's regular pronouncements about former prisoners, responded by pointing out that the "DoD has issued 'recidivism' numbers 43 times, and each time they have been wrong". Professor Mark Denbeaux of the Law School's Center for Policy & Research explained, "Every time they have been required to identify the parties, the DoD has been forced to retract their false IDs and their numbers." He added, "They have counted people as 'returning to the fight' for their having written an Op-ed piece in the New York Times and for their having appeared in a documentary exhibited at the Cannes Film Festival."