HOFSTRA LAW
FACULTY NEWS
Vol. 12, no. 2
May 1, 2013
PUBLICATIONS
PRESENTATIONS
Allison Cafferone, co-authored the
chapter, Defending Individuals in
Government Organizations, in THE
SECOND EDITION OF THE WHITE COLLAR
TREATISE, published in December 2012.
Miriam R. Albert and Jennifer A.
Gundlach participated in a panel
entitled “Broadening the Scope of
Learning Objectives and Assessment in
the First-Year Curriculum” at the Center
for Excellence in Law Teaching’s
Inaugural Conference “Setting and
Assessing Learning Objectives from Day
One.”
Linda Galler, Special Rules for the
Professionals:
Return
Preparer
Penalties and Ethical Standards, in THE
NUTS AND BOLTS IF TAX PENALTIES
(2013): A PRIMER ON THE STANDARDS,
PROCEDURES AND DEFENSES RELATING
TO CIVIL AND CRIMINAL TAX PENALTIES
(Practicing Law Institute 2013).
Barbara Barron directs two programs
from the Professional Prosecution
Service of Northern Ireland (PPSNI).
She was a program director for two trial
advocacy programs and designed the
curriculum and created special teaching
materials for the program. The programs
ran from March 11-14 2012 in Belfast.
Katrina Fischer Kuh, published a short
review of the book she co-edited with
Michael Gerrard, THE LAW OF
ADAPTATION TO CLIMATE CHANGE: U.S
AND INTERNATIONAL ASPECTS, in THE
AVA’S
CLIMATE
CHANGE,
SUBSTAINABLE DEVELOPMENT, AND
ECOSYSTEMS COMMITTEE NEWSLETTER.
Professor Barron was part of the
teaching faculty for the NITA Teacher
Training Program held in San Francisco,
California. She lectured on teaching the
art of impeachment on crossexamination. The program was held
from November 8-10, 2012.
COMMENTARY
Norman Silber, blog post on
“Undocumented Consumers: Include
Consumer Protection in Comprehensive
Immigration Reform,” Huffington Post.
In addition, she was part of a two person
teaching team that conducted a
deposition program for the Finnegan law
firm, an international intellectual
property law firm, at its main location in
Washington, D.C. The program was held
on November 5-6, 2012.
Eric Freedman, in a Letter to the Editor
of The New York Times, published on
January 26, 2013, criticized a proposal
that would allow persons who have
completed two years of law school to sit
for the New York State Bar
Examination, regardless of whetheror
not they finish their Juris Doctor degree.
Furthermore, Professor Barron also
served as a team leader at NITA New
England’s Deposition Program and
lectured on the topic of “Corporate
People’s Statements and FRE 502.”
1
Akilah Folami presented her paper,
“Reconsidering Affirmative Action in
Broadcast in light of Fisher and Obama,
Jay-Z and Trayvon” at the Northeast
People of Color Conference held at
Suffolk University Law School, on
October 26, 2012.
Alafair S. Burke performed a book
reading to benefit the woman’s bar
association of New York, and is also the
author of eight bestselling crime novels.
Professor Burke also delivered the
keynote lecture to the Texas Elected
District Attorney Conference on the role
that prosecutors can and should play in
the prevention of wrongful convictions,
and spoke at Duke Law School at the
“Accuracy and Error in Decisions
Making in the Criminal Process”
Conference.
Professor Folami also commented on a
paper written by Prof. Cynthia Lee of
George Washington University Law
School titled Making Race Salient:
Trayvon Martin, Implicit Racial Bias,
and Self-Defense in a Not Yet PostRacial Society.
Juli Campagna has been asked to join
the Steering Group of the ABA’s
International Legal Education and
Specialist Certification Committee. She
was named the Publications Editor for
the committee and was one of the
organizers for the panel presentation
entitled Partnering with Practice. The
presentation was held in Miami at the
Fall Meeting of the International Law
Section
of
the
American
Bar
Association, on Friday, October 19,
2012.
Susan
Fortney,
the
Howard
Lichtenstein Distinguished Professor of
Legal Ethics, Participated as Part of a
Panel Discussing the "Ethics of a Solo
Practice" at Hofstra Law School on
February 22, 2013.
Professor Fortney also spoke at the midyear meeting of the Association of
Professional Responsibility Lawyers.
The program is called, Changing Law
Firm Structures - US & International
Trends where she will discuss the new
regulatory regime for incorporated law
firms in Australia and risk management
lessons for law firms regardless of their
structure.
Ronald J. Colombo presented his latest
project, “The Corporation as a
Tocquevillian Association,” to the
faculty of Suffolk Law School (Boston,
MA) on February 23, 2013. This project
endeavors to find a middle ground
between those who object to corporate
participation in the political process, and
those who welcome such participation
without restriction.
In addition, Professor Fortney also
conducted a workshop at the Australian
National University (ANU). Attending
the session were law professors and
lecturers from the law school and the
ANU Legal Workshop.
Linda Galler was a featured speaker at
a Tax Executives Institute (“TEI”)
program, “IRS Audits & Appeals
Seminar: Managing Tax Controversies at
Home and Abroad,” which was held in
Rosemont, Illinois, on April 17, 2013.
2
New York Law School, “Teaching Legal
Research and Writing for a ‘Practiceready’ Job Market,” on December 7,
2012. Her presentation focused and
included guidelines on e-mail style, tone,
format, audience, confidentiality and
disclaimers.
Professor Galler was also a featured
speaker at a program sponsored by the
Practicing Law Institute on February 28,
2013. Professor Galler’s remarks
focused on “Special Rules for Tax
Professionals: Return Preparer Penalties
and Ethical Standards.”
Stefan Krieger and Jacob Stevens
presented to the Society of American
Law Teachers on Friday October 5,
2012. Their presentation on the panel,
Occupy Wall Street: Legal Rights and
Clinical Representations, described and
reflected upon their work with three
Hofstra students in the Hofstra Clinic.
In addition, Professor Galler was a
featured speaker on January 26, 2013 at
the American Bar Association Section of
taxation Midyear Meeting in Orlando,
Florida. Professor Galler spoke and
moderated a panel on “Practical and
Ethical Strategies in Representing
Couples.”
In addition, Professor Krieger spoke at
UCLA’s
conference
on
Clinical
Education on October 26, 2012, and
discussed recent cognitive science
research on teaching approaches, which
facilitate student transfer of learning into
practice.
Mitchell Gans moderated the American
College of Trust and Estate Counsel
(ACTRC), which was a conference
hosted by Hofstra Law School. Topics
included defined—value clauses, estate
planning for non-traditional couples, and
the future of law practice and estate
planning.
Julian Ku participated in a panel on
international law v. National Security at
the Federalist Society in Washington
D.C on November 16, 2012. The panel
on which Professor Ku spoke was
entitled “International Law v. National
Security.”
Daniel Greenwood participated in a
panel discussion as part of a symposium
entitled "Citizens United: Examining the
Necessity of Corporate Political Speech
and its Governance" held by the
University of Pennsylvania's Journal of
Business Law.
Alan Resnick spoke at the annual
meeting of the National Conference of
Bankruptcy Judges in San Diego,
California. He discussed the impact the
Supreme Court's decision in Stern v.
Marshall, which limited the power of
non-Article III judges to adjudicate
certain disputes, would have on the
bankruptcy system.
Frank Gulino was a featured speaker at
the Fall Symposium of the George
Mason University Civil Rights Law
Journal. The symposium, “Legal issues
in the Marriage Debate,” included a
panel discussion on the nature of
marriage, its purpose, and its legal
implications.
In addition, Professor Alan Resnick was
a speaker at the 38th Annual Lawrence
P. King and Charles Seligson Workshop
Susan Joffe presented at the Legal
Writing Institute One-Day Workshop at
3
on
Bankruptcy
&
Business
Reorganization at NYU School of Law.
will appear in a special symposium issue
of the Iowa Journal of Race & Gender.
James Sample participated in a panel
discussion
with
Dean
Erwin
Chemerinsky and Professor Richard
Hasen on the impact of the 2010 U.S.
Supreme Court decision in Citizens
United on judicial elections. This panel
will be published in an upcoming issue
of the Drake Law Review, under the title
"Citizens United Impact on Judicial
Elections".
Professor Stark also presented her
article, "Anti-stereotyping and The End
of Men", at the Feminist Legal Theory
Conference at the University of
Baltimore on October 5, 2012. Her
article is being published in the first
issue of the online Boston University
Law Review The Annex.
In addition Professor Stark presented a
paper, "Making Babies, Making Law:
International Surrogacy and the ILA", at
the American Society of Law Research
Forum at the University of Georgia. She
also presented a paper, "International
Babies and International Law", at the
International Law Weekend at Fordham
Law School, on October 26, 2012.
Andrew Schepard participated in a
Roundtable meeting of national experts
on Domestic Violence, Child Support
Program and Parenting Time Orders, on
March 28, 2013 in Washington, D.C.
In addition, Professor Schepard as a
consultant to the Institute for the
Advancement of the American Legal
System which is sponsoring an Honoring
Families Initiative, and consulting about
a plan for an interdisciplinary center to
support separating and divorcing parents
which will be created on campus at
Denver University.
Amy Stein was invited to participate in
a panel entitled "The Scholarly Way" on
November 30, 2012, at George
Washington Law School. Professor
Stein's talk involved approaches to
scholarship for Legal Writing faculty.
Vern Walker co-authored an article,
which was accepted for publication in
the Chicago-Kent Law review. The title
of the article is “the Law School as
Knowledge Center in the Digital Age.”
Gregory Shill presented an article,
"Ending
Judgment
Arbitrage:
Jurisdictional Competition and the
Enforcement
of
Foreign
Money
Judgments in the United States," at the
Biennial Conference of the International
Economic Law Interest Group of the
American Society of International Law,
on November 30, 2012.
Lauris Wren and Theo Liebmann cohosted a Symposium that brought
academics, attorneys, judges, and
sociologists from around the country to
examine the vital and frequently
complex interplay of immigration issues
and family court matters.
Barbara Stark presented a paper, "State
Responsibility for Gender Stereotypes",
at the meeting of the Association of
American Law Schools in New Orleans,
Louisiana on January 7, 2013. The paper
HONORS, APPOINTMENTS AND
OTHER ACKNOWLEDGMENTS
4
Barbara Barron served as a team leader
at NITA New England’s Deposition
Program held in Boston from September
20-22, 2012. At the program Professor
Barron not only administered the
program and taught, but also lectured on
the topic of “Corporate People’s
Statements and FRE 502.”
Katrina Fischer Kuh, co—editor, of
the book “The Law of Adaptation to
Climate Change” was praised by J.B.
Ruhl on the Law 2050 blog.
Ashira Ostrow has been named one of
two winners of Hofstra University’s
2012-2013 Lawrence A. Stessin Prize
for Outstanding Scholarly Publication
for her article “Land Law Federalism,”
Susan
Fortney,
the
Howard
Lichtenstein Distinguished Professor of
Legal Ethics, has been appointed to
serve on the ABA Business Law Section
Committee
on
Professional
Responsibility.
James Sample posts Supreme Court
Recusal: From Marbury to the Modern
Day (Georgetown Journal of Legal
Ethics, Vol. 26, p. 95, Winter 2013). The
piece has been mentioned on legal blogs,
including Legal Theory Blog, Legal
Ethics Forum, Election Law Blog and
How Appealing.
Frank Gulino has served as a Brief
Grader in the 36th ABA National
Appellate
Advocacy
Competition
(NAAC). Professor Gulino will also
judge oral arguments in the final round
of the NAAC’s New York regional
rounds.
In addition, James Sample will be
honored as a “Wild Goose” at the 3rd
Annual Thomas Jefferson Memorial
Wine Geese Wine Tasting and Wild
Goose Event sponsored by the Irish
American Bar Association of New York.
The even honors attorneys “who have
not let the world of law crush their
independent and zany spirit.”
In addition, Professor Gulino will serve
for the fourth year in a row as a Brief
Judge in the National Moot Court
Competition in Child and Welfare &
Adoption Law, and for the third straight
year, he has been invited to judge oral
arguments in the Mid-Atlantic Regional
Round of the Philip C. Jessup
International
Law
Mott
Court
Competition.
Andrew Schepard is now a consultant
to the Institute for the Advancement of
the American Legal System, which is
sponsoring an Honoring Families
Initiative. Professor Schepard is
consulting about a plan for an
interdisciplinary center to support
separating and divorcing parents which
will be created on campus at Denver
University.
Irina Manta’s article “The High Cost of
Low Sanctions” has been accepted for
publication in the Florida Law Review.
Stefan Krieger was invited by UCLA
School of Law to join other national
leaders in the field of clinical legal
education at a conference, on October
26, 2012. Honoring the Pioneers,
honoring the founding faculty members
of UCLA’s influential clinical program.
Amy R. Stein serves as brief Judge in
National Moot Court Competition in
Child Welfare and Adoption Law for the
sixth time.
5
BROADCAST APPEARANCES
“Next SEC Enforcement Chief Likely
To Follow Similar Path,” Law360,
December 21, 2012; "SEC Suit Over
Netflix Facebook Post Faces Long Odds
in Court," Law360, December 7, 2012;
"Schapiro is Credited With Reversing
Course at Beleaguered SEC,” New York
Law Journal, November 29, 2012; "$1B
BofA Mortgage Suit May Usher Broad
Crackdown on Banks," Law360,
October 24, 2012; "SEC's Pricey Swaps
Rules Sets Up Wall Street Showdown,”
Law360, October 17, 2012; "DoddFrank Foes View SEC Strife As
Courtroom Ammo,” Law360, October
11, 2012; "CFTC Quiets Critics With
Record Breaking Enforcement Year,”
Law360, October 5, 2012.
J. Herbie DiFonzo, interviewed by two
different News 12 programs discussing
the Supreme Court's argument over the
Defense of Marriage Act, on March 27,
2013.
Eric Freedman, was interviewed for the
December 18, 2012 article "After US
School Shooting, What Can the
President Do?" written by Maria Young
for RIA Novosti, the Russian
International News Agency.
Linda Galler was a featured panelist at
the 41st Annual Conference of the USA
Branch of the International Fiscal
Association (IFA) in New York, on
February 28, 2013. The panel focused on
Ethical Issues in a Global tax Practice.
Eric M. Freedman, “Boston Marathon
bombing suspect not read Miranda
rights; Justice Department's decision
spurs debate,” Newsday, April 26, 2013;
"Ruling Limits Warrants; Supreme
Court: LI Cops Shouldn't Have Held
Man; Wyandanch Case Sent Back Down
to Lower Court,” Newsday, February 20,
2013; "Contractor's Torture Settlement a
Milestone,” The Wall Street Journal,
January 10, 2013; "Court Throws Out
Conviction of Bin Laden's Driver,"
Associated Press, October 16, 2012.
Daniel Greenwood and Jim Sleeper cowriters of The Atlantic on January 23,
2013 entitled “To Stop Gun Violence,
We Need to Remember We Can
Regulate
Corporate
Speech
and
Advertising” was discussed on The
Brian Lehrer Show on public radio
station WKCR, on February 15, 2013.
QUOTED IN
Robin Charlow,"Ex LI Man's New Bid
to Vacate Murder Charge,” Newsday,
September 15, 2012.
Monroe Freedman, "Judge Threatens to
'Strangle' Attorney in 'Ridiculous' Case,"
Courier Journal, October 3, 2012.
Ronald J. Colombo, "NY Judge May
Have Gone Too Far In MBS Settlement
Push," Law360, March 28, 2013;
"Record $688M Merk Settlement May
Not Be Contagious,” Law360, February
14, 2013; "SEC's New Power Couple
May Sidestep Major Conflicts,”
Law360, January 28, 2013; "BATS Error
Not Enough To Spark SEC Trading
Reform,” Law360, January 11, 2013;
Daniel Greenwood, "Essential Speech:
Why Corporate Speech Is Not Free,”
The Huffington Post, October 4, 2012.
Andrew Schepard, "After Divorce, a
Degree is Costly," The Wall Street
Journal, December 24, 2012; "After
Divorce, a Degree is Costly," Wall
Street Journal, December 24, 2012.
6
Katrina Fischer Kuh, 43 ENVTL. L.
REP. NEWS & ANALYSIS 10342; 44 LOY.
U. CHI. L.J. 865; 66 VAND. L. REV. 399
CITATIONS
Miriam R. Albert, 50 AM. BUS. L.J. 43
Alafair S. Burke, 99 VA. L. REV. 207;
99 VA. L. REV. 271; 48 GONZ. L. REV.
219
Linda Galler, 44 LOY. U. CHI. L.J. 813;
32 VA. TAX REV. 269
Elizabeth M. Glazer, 37 AM. INDIAN L.
REV. 203; 37 N.Y.U. REV. L. & SOC.
CHANGE 71; 37 N.Y.U. REV. L. & SOC.
CHANGE 275; 22 BERKELEY LA RAZA
L.J. 155
Baruch Bush, 19 CLINICAL L. REV. 429
Yishai Boyarin, 19 CLINICAL L. REV.
429
J. Herbie DiFonzo, 11 NW. J. TECH. &
INTELL. PROP. 173; 61 DRAKE L. REV.
423; 16 J. GENDER RACE & JUST. 1; 37 J.
LEGAL PROF. 89
Daniel J.H. Greenwood, 12 CONN. PUB.
INT. L.J. 1
John DeWitt Gregory, 2012 J. DISP.
RESOL. 101; 104 AM. SOC'Y INT'L L.
PROC. 3
Janet L. Dolgin, 161 U. PA. L. REV.
1081
Joanna L. Grossman, 111 MICH. L.
REV. 1001; 22 B.U. PUB. INT. L.J. 201;
36
HARV. J. L. & GENDER 123; 16 J.
GENDER RACE & JUST. 1; 35 U. ARK.
LITTLE ROCK L. REV. 89; 4 WM. &
MARY POL'Y REV. 170; 48 TULSA L.
REV. 313; 48 GONZ. L. REV. 279
Akilah N. Folami, 55 ARIZ. L. REV. 151
Eric M. Freedman, 2 BRIT. J. AM.
LEGAL STUD. 59; 76 ALB. L. REV. 467;
22 BERKELEY LA RAZA L.J. 155
Monroe H. Freedman, 44 LOY. U. CHI.
L.J. 813; 21 CARDOZO J. INT'L & COMP.
L. 409; 48 HARV. C.R.-C.L. L. REV. 1; 6
DEPAUL J. FOR SOC. JUST. 1
Grant M. Hayden, 36 SEATTLE U. L.
REV. 695; 58 LOY. L. REV. 897
Leon Friedman, 4 CAL. L. REV.
CIRCUIT 23; 107 AM. J. INT'L L. 279; 19
CARDOZO J.L. & GENDER 393; 22 S.
CAL. REV. L. & SOC. JUST. 91
Eric Lane, 161 U. PA. L. REV. 897; 56
HOW. L.J. 595; 86 S. CAL. L. REV. 321
Irina Manta, 16 STAN. TECH. L. REV.
257 (2013); 20 UCLA ENT. L. REV. 83;
65 FLA. L. REV. F. 1
Mitchell M. Gans, 40 FLA. ST. U. L.
REV. 349; 47 REAL PROP. TR. & EST. L.J.
529
Alan Resnick, 68 Bus. Law. 507; 87
AM. BANKR. L.J. 27; 87 AM. BANKR. L.J.
51; 43 CUMB. L. REV. 311; 9 N.Y.U. J.
L. & BUS. 269
Julian Ku, 107 AM. J. INT'L L. 1; 9
STAN. J. INT'L L. 1; 10 N.Z. J. PUB. &
INT'L L. 227; 105 AM. SOC'Y INT'L L.
PROC. 529
Andrew Schepard, 2013 WL 1737177;
7
161 U. PA. L. REV. 1081; 27 CAN. J.
FAM. L. 297
Norman I. Silber, 7 BROOK. J. CORP.
FIN. & COM. L. 87
Judd F. Sneirson, 2 AM. U. BUS. L.
REV. 1
Barbara Stark, 27 BYU J. PUB. L. 229;
104 AM. SOC'Y INT'L L. PROC. 3
Richard K. Neumann, 19 CLINICAL L.
REV. 429; 33 B.C. J.L. & SOC. JUST. 45;
2013 WIS. L. REV. 145; 58 LOY. L. REV.
897; 42 STETSON L. REV. 139; 12 CONN.
PUB. INT. L.J. 49
8