First Annual Philip D. Reed Memorial Issue
FORDHAM INTERNATIONAL LA W JOURNAL
Fordham International Law Journal
Copyright c 1990 by the authors. Fordham International Law Journal is produced by The
Berkeley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj
First Annual Philip D. Reed Memorial Issue
John D. Feerick
Philip Dunham Reed, to whose memory this inaugural issue of Volume 14 of the Fordham
International Law Journal is dedicated, was a leading industrialist, patent attorney and international
corporate executive during the great epochal periods of this century: the boom of the twenties, the
Great Depression, World War II, and the post-war reconstruction.
HISTORY OF THE FORDHAM
INTERNATIONAL LA WJOURNAL*
This year marks the sesquicentennial anniversary of the
founding of Fordham University. In honor of this occasion
Dean John D. Feerick has asked each of the law school journals
to review its history. For the Fordham InternationalLaw Journal,
it has seemed at times a long, difficult challenge to survive and
then to prosper. The Journal owes much of the success of its
early development to Professors Joseph C. Sweeney and
Ludwig A. Teclaff, its faculty advisors, Dean Joseph McLaughlin,
and to Professors Helen Hadjiyannakis-Bender, Barry E.
Hawk, and Constantine N. Katsoris. The Journal'scurrent
status reflects the quality of the students who comprise its past
The eminent Professor Sweeney recalls that the Journal
was born from a fortuitous calendar change by the University.
The International Law Society was founded in 1966,
sponsored its first team for the Jessup Competition in 1968, and
occasionally held luncheons with guest speakers. The Society
also gained prominence for holding the best Christmas egg
nog party in New York. In 1976, however, the calendar
changed, so that examinations were given before Christmas
instead of in January. No students would be around, therefore,
to enjoy the traditional festivities. Professor Sweeney credits
the quick-thinking Jason Eyster with deciding to pursue more
scholarly pursuits-the birth of Volume 1, Book 1. The initial
goal of the Journalwas to provide students the opportunity to
write on issues and developments in international law. The
seventy-five page inaugural issue of the Fordham International
Law Forum, as the Journal was known for its first three years,
included three student pieces and two book reviews. One
stu* TheJournal would like to thank Professor Marjorie A. Martin for all of her help
in compiling this History. Professor Martin would like to thank everyone who
contributed their thoughts and recollections to this history, including Professor
Joseph C. Sweeney, James P. Eyster, Susan C. Eisenhauer, James T. Tynion III,
Arlene Daffada Ashton, Eric L. Gilioli, Stephen R. Reynolds,James K. Noble, William
F. McCoy, Rosanne M. Thomas, Joseph A. Burke, Benjamin H. Tahyar, Ellen C.
Auwarter, Theresa I. Yard Panten, Ava M. Plakins, Carl L. Stine, Meg A. Mataraso,
and Zdenka Seiner Griswold. She also thanks those members of the Fordham
International Law Journal Alumni Association Board of Directors and John G.
McCarthy who took time out to remind past Volumes to send in their contributions.
dent piece was authored by Jean Gerard, who remarkably soon
after her graduation became the U.S. Ambassador to
The dedicated volunteers who published Volume 2 laid
the foundation for expansion to two books. The boards of
Volumes 2 and 3 also established a writing competition and
created procedures for selecting and training student editors,
soliciting and editing articles, and publishing a professional
The two books of Volume 3 were published in standard
law journal format for the first time and included articles by
outside legal scholars. Volume 3's board, which shared an
office with the staff of the student-run Advocate newspaper in an
oversized "closet," showed itself to be an early indicator (or
perhaps pacesetter) for the legal society at large by having the
Journal'sfirst female editor-in-chief. (There have been five
female editors-in-chief and three female managing editors in the
Journal's history.) In 1980, the Forum received the Eugene H.
Keefe Award, conferred annually by the student body on the
person or persons who have contributed most significantly to
the law school.
A student piece in Volume 4, written by Gary P.
McCormack on the reinstated steel trigger price mechanism and its
effects on import competition, received one of the 1981
Francis 0. DeAk Awards for the best student piece in a student-run
international law journal. During that year, a student piece
earned the first citation to the Journalby the U.S. Court of
Appeals for the Second Circuit, and the law school granted the
editors of Volume 4 the same recognition and status as the
editors of the FordhamLaw Review and the Fordham Urban
The work of Volume 5's board continued to add strength
and credibility to the fledgling operation, both within the law
school and among its readers. Volume 5 contained a student
note by Marianna Maffucci on liberalization of international
trade in the service area under GATT, which was awarded one
of the 1982 Francis 0. Deak Awards. Volume 5 also contained
an article on maritime arbitration and the federal courts by the
Honorable Wilfred Feinberg, Chief Judge of the U.S. Court of
Appeals for the Second Circuit.
An exciting moment came for the board of Volume 6 in
1983 when it was able to move into larger quarters. With an
eye to the future, the board's tireless efforts that year saw the
acquisition of a Vydec computer system (the first such system
acquired by any of the school's journals) to ease production.
The board expanded theJournalto three books and drafted the
new Journal Constitution. During this year, the Journal was
listed in the Index to Legal Periodicals for the first time.
Volume 6 also contained a note by Patrick J. Hynes on U.N.
financing of the Law of the Sea Preparatory Commission, which
won one of the 1983 Francis 0. Deak Awards. The board of
Volume 6 joined the Fordham Law Review and the Fordham
Urban Law Journal to organize the Unified Writing Competition
for the selection of staff members. Additionally, the boards of
Volumes 6 and 7 founded the Fordham International Law
Journal Alumni Association.
The board and staff of Volume 7 managed to survive in
cramped (albeit temporary) quarters while the law school
underwent expansion. Volume 7's editors implemented or
refined much of the progressive philosophy of their predecessors
on Volume 6, including acquiring a second Vydec computer,
making the Journal the first of Fordham's journals to be fully
automated. Perhaps as a result, the number of citations to the
Journal by federal and state courts doubled that year. The
editors of Volume 7, with the school's faculty and administration,
also laid the groundwork for a symposium on European
Community law and a corresponding fourth book.
Construction continued during the tenure of Volume 8's
board. They saw the light at the end of the tunnel, however, in
the form of options for a new office: a newly-constructed
location on the fourth floor or a newly-renovated location in the
basement, more aesthetically known as the "Garden Level."
The board chose the latter to develop and maintain a visible,
accessible profile at a very desirable hub-the intersection of
the Career Planning Office, the new Cafeteria, and the new
Student Lounge. That selection continues to be the Journal's
The concerted efforts of the editors of Volumes 8 and 9
led to theJournal'snext technological revolution, the
availability of Wang word processing in time for Volume 9. A student
note in Volume 9 on compelled waiver of bank secrecy in the
Cayman Islands by Ellen C. Auwarter was awarded the 1986
Francis 0. DeAk Award.
The Volume 10 board was prodigious, publishing not only
four books (including the inaugural issue dedicated to
European Community law) but also the Journal's first supplement:
"International Organizations: A Selected Bibliography" by
Victor Essien, the law school's international law librarian.
That first European Community law issue contained a highly
controversial article on the state action doctrine in European
Community competition law by Pierre Pescatore, formerJudge
of the Court ofJustice of the European Communities, a
vigorous response by Giuliano Marenco, legal advisor to the
Commission of the European Communities, and an equally
vigorous rejoinder by Judge Pescatore. The board of Volume 10
believes that this debate not only enhanced the
Journal'sreputation as a scholarly review, but has served as the foundation
for fourteen other articles in this and otherjournals.
Additionally, Volume 10 included a comment byJacqueline 0. LiCalzi
on airline deregulation in the European Community that was
awarded the Justice Robert H. Jackson Award-second prize in
the national competition for best student writing in foreign law
sponsored by the Washington Foreign Law Society.
The board of Volume 10 established the Editorial
Advisory Board of noted professors, judges, and practitioners to
aid in obtaining quality professional pieces. The board also
reestablished the book reviews section to provide prominent
scholars and practitioners with time constraints the
opportunity to publish. Focusing on the needs of its staff, the board
created the first handbook for new staff members and
encouraged the writing of case comments to allow publication of
student pieces other than notes. Volume 10 expanded the
board to include a Book Reviews Editor, created the Senior
Articles Editor position, and renamed the position of
Commentary Editor to Notes and Comments Editor. The need to
publish four books encouraged the board to acquire the
Journal's first high-speed printer, a new copier, a third Wang
computer, Westlaw (on which Journal pieces appeared for the first
time), LEXIS, and an additional telephone line:
The board and staff of Volume 10 celebrated theJournal's
Tenth Anniversary with alumni, faculty, and administrators at
the first annual gala dinner at the Yale Club on March 27,
1987. The keynote speaker was the late Professor Willis L.M.
Reese, Reporter for the Restatement (Second) of Conflict of
Laws, and Columbia University's Charles Evans Hughes
Professor of Law.
During the tenure of Volume lI's board the Journal was
regularly mentioned in the National Law Journal's "Worth
Reading" column. The board increased the subscription base
by thirty-three percent to over 500, including the library of the
U.S. Supreme Court. One of the book reviews was written by
Xi-Qng Gao, the first citizen of the People's Republic of China
to pass the New York State bar examination, and the speaker at
the Journal's Eleventh Anniversary Dinner. Volume I l's
editors encouraged students who had competed unsuccessfully in
the Unified Writing Competition to submit manuscripts
through a publishable notes program. Three students were
subsequently invited to join the staff.
The editors of Volume 12 saw the strengthening of the
Journal's ties with the Court of Justice of the European
Communities, publishing articles by two sitting judges of the Court.
In adapting to the continually changing work patterns during
their term, the editors created a "swing". position, currently
the Articles and Notes Editor.
Volume 13's editors benefitted from a changing world
order with Europe looking to 1992, the fall of communism in the
Eastern bloc, and increased attention to Asian economies. In
an effort to meet the challenge of the transforming
international vista and the needs of the Journal'sreaders while
maintaining the Journal's prominent position in the international
legal community, the board of Volume 13 continued to
broaden its spectrum of scholars as well as the scope of
subjects. The board emphasized the impact of U.S. domestic law
on the international arena rather than "international law"
Volume 13's board acquired two new IBM computers, one
partly from the Journal'sAlumni Association and one from the
law school, as well as a laser printer. With the acquisition of
two more IBM computers this year, the Wang computers are
only a part of the Journal'shistory. Volume 14's editors have
also procured a second laser printer, a facsimile machine, and
a new photocopier.
The Journalhas grown from a group of nine people to an
organization consisting of seventy-six students, working as
editors, associate editors, members, and staff. The Journal today
includes a Special Publications Editor, a position created by
Volume 13's board to facilitate the Journal's work with the
Fordham Corporate Law Institute and Professor Hawk.
The board of Volume 14 attributes to the efforts of prior
volumes theJournal'spopularity with professional authors and
reputation for publishing regularly and on time. Volume 14
will contain several articles by prestigious authors, including
one by Ole Due, the President of the Court of Justice of the
European Communities in the Fifth Annual Issue on European
Community Law. Furthermore, Book 1 contains a symposium
of selected proceedings of the Sixth Annual Judicial
Conference of the U.S. Court of International Trade.
The Journal'shigh regard by the legal community and its
continuing relationship with its alumni seem to embody
Fordham University's theme for this celebratory year: Keeping Faith
with the Future. Recognition of this prominence is evident in
several ways. In 1989, the annual Orlando Conseils Award was
established by the law firm of Orlando Conseils (formerly
Foyen & Peri), upon the initiative of William M. O'Conroor, to
recognize and reward the author of the Journal'sbest written
student piece. In March 1990, with the facilitation of Lon M.
Singer, theJournalbecame the beneficiary of a US$200,000
endowment by the Philip D. Reed Foundation to sponsor an issue
of the Journal in perpetuity. Most recently, the law firm of
Marks Murase & White, under the coordination of Eric L.
Gilioli, established the Marks Murase & White International
Law Fellowship to assist a Fordham Law School student with
an interest in foreign or international law through a grant of
up to US$5,000. Together, these contributions reaffirm the
pursuit of excellence and creativity that the Journalrepresents.
The first fourteen years of the Journalhave been
challenging, but also very rewarding to those who have taken part in its
growth. The current editors, associate editors, members, and
staff thank the alumni who preceded them for their hard work
and dedication and wish the best to future Journal editors and
staff, who will make their own unique contributions to
theJournal's rich tradition.