Judith Rodin's husband plays key role in Ellis Island land ownership case

Settling a 200-year dispute between New York and New Jersey, an arbitrator appointed by the Supreme Court has recommended dividing Ellis Island between the two states. And if the many University students who hail from those two states wish to protest the decision, they should head straight to Eisenlohr Hall. Paul Verkuil, a former visiting Law professor and the husband of University President Judith Rodin, was the arbitrator the Court appointed to propose a solution in the case of State of New Jersey v. State of New York, which concerned the 200-year dispute over the ownership of the island. For decades, Ellis Island -- in the middle of New York Harbor -- served as the entry point into the United States for millions of European immigrants. Now the former immigration offices have been converted into a museum, and the two states have been vying over the $5 million in tourism revenues that the island attracts each year. New Jersey began the suit in 1993 to gain control over the 24.5 acres of land added by landfill to the island after an 1834 agreement set the boundary between the two states. That agreement put the original land in New York, but the landfill was mostly in New Jersey. The Supreme Court has original jurisdiction in lawsuits between states, like the Ellis Island case. In such situations, the Court appoints an arbitrator, called a special master, to serve in the role of a lower court. Verkuil's recommendation calls for New York to retain the original area --Enearly five acres -- which contains the museum and major monuments. New Jersey would gain control over approximately 22 acres of landfill. New Jersey also claims rights to development of that area under long-delayed renovation plans. Past proposals for development have included a hotel and a convention center. The state would also gain a share of the income tax revenue from the 425 Ellis Island employees and the tourism profits. Verkuil explained in his recommendation that, in the interests of practicality and convenience, the entire main building and surrounding area will be given to New York intact, although part of that area is landfill. The Court can now accept, modify or reject Verkuil's recommendation, although a special master's recommendation is nearly always accepted. Mark Carey, a spokesperson for the New York State Attorney General's Office, said New York will protest the proposal in the Supreme Court. "We hate it," Carey said. "Ellis Island, is, was and always will be a part of New York City. [Attorney General] Dennis Vacco had grandparents who came through Ellis Island? People did not pass the Statue of Liberty to live in Jersey -- they were coming to New York. We think this decision flies in the face of history." The decision also alarmed some historical preservationists, who said preservation laws are weaker in New Jersey. But New Jersey Gov. Christie Whitman said she is pleased with the decision. "This is something that we have felt very strongly about," Whitman said. "It is a matter of obvious pride for the state. It's a recognition that both New York and New Jersey have served as a gateway for millions of Americans who have made a real difference in the state and across the nation." Now that he has completed his duties as special master, Verkuil -- a former Tulane University Law School dean and president of the College of William and Mary -- has moved on to a new job, ironically in New York. Tuesday, he began a position as dean of the Benjamin N. Cardozo School of Law at Yeshiva University in Manhattan. He was not available to comment for this report.

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