HOFSTRA LAW
FACULTY NEWS
VROQR
April 3, 2012
PUBLICATIONS
Amy Stein's article, “This Time It’s For Real:
Using Law-Related Current Events in the
Classroom”, was published in Perspectives:
Teaching Legal Research & Writing.
Julian Ku’s new book (co-authored with John
Yoo), Taming Globalization: International Law,
the U.S. Constitution, and the New World Order,
has officially been released today, March 8. It
discusses the legal and policy impacts of
globalization on the development of the U.S.
constitutional system.
Vern Walker, Nathaniel Carie, Courtney C.
DeWitt and Eric Lesh, A Framework for the
Extraction and Modeling of Fact-finding
Reasoning from Legal Decisions: Lessons from
the Vaccine/Injury Project Corpus, 19 ARTIF.
INTELL. LAW 291-331 (2011).
Katrina Kuh, When Government Intrudes:
Regulating Individual Behaviors That Harm the
Environment, 61 DUKE L.J. 1111 (2012).
Kevin Shelton’s article, “Tenure and the Law
Library Director,” co-authored with James
Donovan, was published in the most recent
edition of the Journal of Legal Education (vo.
61, no. 3, February 2012).
COMMENTARY
Joanna Grossman discussed the intersection of
family law issues and the reality show “Teen
Mom” in a two-part series of columns on
Verdict.
Barbara Stark, What's Left? (review of
International Law On The Left: Re-Examining
Marxist Legacies (Susan Marks ed. 2008), 42
GEO. WASH. INT'L L. REV. 191-215 (2011)
(previously omitted)
Frank Gulino’s essay on William Howard Taft
as Chief Justice has been published in The
Bencher, the flagship publication of the
American Inns of Court.
Barbara Stark, At Last? Ratification of the
Economic Covenant as a CongressionalExecutive Agreement, 20 TRANS'L. L. &
CONTEMP. PROB. 107-142 (2011) (previously
omitted)
Julian Ku wrote an article for Point of Law, an
online magazine sponsored by the Manhattan
Institute, entitled “The unattractive argument
against corporate liability under the Alien Tort
Statute”.
Barbara Stark, The Internationalization of
American Family Law, 24 J. AM. ACAD.
MATRIM. LAW. 467 (2012).
Andrew Schepard authored a New York Law
Journal column entitled “Promoting PostSecondary Education for Foster Youth”
Barbara Stark’s article, “Transnational
Surrogacy and International Human Rights” will
soon be published in the ILSA Journal of
International and Comparative Law, a
publication of the International Law Students
Association.
Rose Villazor recently published an essay,
“Teaching Property Law and What It Means to
be Human,” in the California Law Review’s
online publication, The Circuit.
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research on introducing ethics into the first year
curriculum which is the basis of their upcoming
article “Bridging the Gap: How Introducing
Ethical Skills Exercises Will Enrich Learning in
First Year Courses.”
PRESENTATIONS
Several faculty members participated in events
held during the Association of American Law
Schools (AALS) 2012 Annual Meeting in
Washington, D.C.:
Bennett Capers presented his paper, “Real
Women, Real Rape” at a Criminal Justice
Colloquium at University of Miami Law School
on March 22, and at the Gender, Law, and
Policy Colloquium at Boston University School
of Law on April 2. His paper problematizes rape
shield laws, and offers a corrective.
Bennett Capers, Speaker, “Violence and the
LGBT Community: Bullying, Bashing and Sex
Crimes.”; Moderator, “Teaching Rape,
Reforming Rape Law.”
Nora Demleitner, Moderator, “Responding to
Immigration Flows Resulting from Failed States
and Civil Wars: From Western Europe’s
Response to the Crisis in the Middle East and
North Africa to the United States’ Response to
Mexico.”
Professor Capers also participated in a
symposium presented by the Fordham Law
Review on March 30 to address the Defense of
Marriage Act (DOMA) and the future of LGBT
rights.
Jeffrey Dodge, Speaker, “Theory into Practice:
The Globalization of Legal Education to
Address the Changing Realities of Legal
Practice.”
Bruce Ching and Juli Campagna participated
in a panel presentation at the Association for the
Study of Law, Culture and the Humanities
Annual Conference, held at Texas Wesleyan
School of Law on March 15-17. Bruce served as
chair for the panel. Panelists discussed the topic
of The Symmetry of Law, the Assymetry of
Experience. Juli's presentation on the panel will
consider problems encountered by "Civil-Code
Students in Common-Law Jurisdictions."
Jennifer Gundlach, Moderator,
“Institutionalization and Incarceration: New
Legal Strategies for Advocating on Behalf of
Individuals with Mental Disabilities.”
Norman Silber, Moderator, “The Personal Price
of Nonprofit Activity.”
Amy Stein, Speaker, “Legal Writing in the 21st
Century: Practical Teaching Tips for Legal
Skills Professors.”
Ronald Colombo presented his latest project,
“The Corporation as a Tocquevillian
Association,” to the faculty of Suffolk Law
School (Boston, MA) on February 23.
Rose Villazor, Speaker, “American Citizenship
in the 21st Century”; “Excavating and Integrating
Law and Humanities in Core Curriculum”;
“Federal Family Law and Family Law
Federalism.”
Rose Cuison Villazor presented her paper,
"Negotiating Citizenship," at the AALS Annual
Meeting’s Constitutional Law Section Panel on
Citizenship.
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On January 6, she presented her essay,
"Teaching Property Law and What It Means to
Be Human" at the Section on Law and the
Humanities. The essay will be published in the
California Law Review's online publication, The
Circuit.
On March 30, Professors Miriam Albert and
Jennifer 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.”
Professors Albert and Gundlach presented their
Also on January 6, she presented her article,
"The Other Loving: Uncovering the Federal
Government's Racial Regulation of Marriage," at
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the Section of Family Law and Section of
Juvenile Law. This article was published in
November 2011 at the NYU Law Review.
Study of Law Culture and Humanities
conference held in Fort Worth, Texas and hosted
by Texas Wesleyan Law School.
Professor Villazor also presented this article at
the Columbia Law School and Fordham Law
School combined “Critical Theory Colloquium,”
as well at the American University Washington
College of Law’s Faculty Workshop.
Eric M. Freedman delivered the keynote
address on death penalty defense litigation and
participate in a panel discussion at the Tennessee
Association of Criminal Defense Lawyers’
annual Capital Defense Training conference on
March 23.
Nora Demleitner presented her paper,
“Forgotten and Forsaken: Native Americans in
the Federal Criminal Justice System” at
Fordham Law School, as part of a speaker series
entitled Constructing Truth: Criminal Law in
Flux.
Monroe Freedman gave a funded lecture at
Washburn Law School on March 9 titled,
“Unethical and Unconstitutional Practices and
Policies by Prosecutors' Offices.”
Fred Klein presented at Harvard Law School’s
“Externship 6” conference about the Clinical
Prosecution Practicum offered at Hofstra.
Michael Ende served as a panelist at an all-day
program titled, “The Brave New World of Entry
Level Recruiting: How fundamental changes in
the legal industry are affecting student
recruitment,” which took place at the AMA
Executive Conference Center in Manhattan on
January 24.
On March 22, Professor Klein gave a CLE
lecture on behalf of Hofstra Law School at the
Legal Aid Society of Nassau County titled,
"Street Encounters Under Terry and Debour:
Different Standards But Similar Results."
Akilah Folami presented her article
“Deliberative Democracy on Air: Reinvigorate
Localism - Resuscitate Radio's Subversive Past”
on January 27, during a panel titled “Musical
Genres' Effect on Contemplative Lawyering" at
MAPOC's Law and the Historical Moment
conference in Washington, D.C.
Julian Ku presented a paper at a conference
hosted by the University of California Irvine
School of Law on Human Rights Litigation in
State Courts. His paper considered the
relationship between the President's power over
foreign affairs and international human rights
litigation.
Professor Folami also lectured at Earle Mack
School of Law at Drexel University on February
16, as part of a new course titled “Hip Hop and
the American Constitution.”
Ashira Ostrow presented her paper, Land Law
Federalism, 61 Emory L. J. __ (forthcoming
2012), at the Annual Association of Law
Property and Society Conference held at
Georgetown University on March 2-3, 2012.
On February 28, Professor Folami presented at
Yale Law School's “Racial Justice in a PostRacial Word: Challenging the Color Blind
Paradigm, Driving Social Change” lecture series
hosted by Yale's Black Law Students
Association on a panel titled, "Back to the
Message: What Can Hip Hop Teach Us About
Law and Social Movements."
Professor Ostrow also participated in a
roundtable at Emory Law School's Center on
Federalism and Intersystemic Governance titled
"Progress Without Agreement: Climate and
Other Regulatory Challenges in a Time of
Dissensus."
Ashira Ostrow presented her comment,
Emerging Counties, at Yale Law School. She
participated in a panel on Michelle Wilde
Anderson’s article, “Dissolving Cities,”
On March 16, she presented her paper, "The
Forgotten Clause: Using the Press Clause to
Advance Civic Discourse Beyond Mere Opinion
to Critical Analysis" at the Association for the
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Changes to No Admit, No Deny Deals,” Law
360, January 6; “Groupon Revenue Revision
Sparks First Investor Backlash,” Law 360, April
2.
forthcoming in the Yale Law Journal.
Further, on April 18, Professor Ostrow will
present her paper, “Land Law Federalism” at the
Colloquium on the Law, Economics and Politics
of Urban Affair, a joint project of the NYU
School of Law and NYU Wagner Graduate
School of Public Service.
Nora Demleitner, “What’s In A Name? A Lot,
When the Name is ‘Felon’,” The Crime Report,
March 13.
James Sample participated in a panel discussion
at Colby College on April 1, in conjunction with
an award ceremony recognizing Wallace
Jefferson, chief justice of the Texas Supreme
Court and recipient of the 2012 Morton A.
Brody Distinguished Judicial Service Award.
The panel focused on the pros and cons of
electing rather than appointing state judges.
Eric M. Freedman, “Second Guesses,”
California Lawyer, January 2012; “Silvery as
Currency,” Silver Investing News, March 13.
Monroe Freedman, “Judge’s billing request
attacked,” Louisville Courier-Journal, December
23; “Attorney conduct at issue in Gableman
dust-up,” Wisconsin Watch, January 4; “Justice
office gets hundreds of ethics complaints about
federal employees,” The New Orleans TimesPicayune, March 17; “Justice Gableman rules
against Michael Best,” Milwaukee Journal
Sentinel, March 27.
Norman Siber participated in Brooklyn Law
School’s Symposium, “The CFPB After a Year,”
on March 2. The conference looked at the first
year of the Consumer Financial Protection
Bureau.
Mitchell Gans, “Tax advice for those who want
to be like Mitt,” Thomson Reuters, January 24.
Barbara Stark presented a paper, “Surrogacy in
America,” at the Feminist Legal Theory
Conference at George Washington Law School
on January 4.
Joanna Grossman, “Engagement’s off – who
gets the ring?” cnn.com, January 4; “The
Officiant Among Us,” The New York Times,
March 9.
Amy Stein gave a presentation on January 8,
2012 titled “All the News that Fits,” at the
AALS Conference in Washington, D.C.
Eric Lane, “Reviewing the redistricting
endgame,” The Empire (wnyc.org), February 2.
Professor Stein also gave a presentation titled
“Effective Writing in the Real World,” at the
Nassau County Bar Association as part of a twoday Continuing Legal Education program.
James Sample, “Summary Judgments for Jan.
9,” Thomson Reuters, January 9; “Recusal issue
fading as health care arguments approach,”
Supreme Court Insider, The National Law
Journal, February 15; “Scholar: ‘Seismic Shift’
in 2010 Judicial Retention Elections,” Gavel
Grab, March 26.
Vern Walker presented a paper at the peerreviewed workshop on Fundamental Concepts
and the Systematization of Law, part of
the JURIX 2011 conference in Vienna, Austria,
on 14-16 December. The presentation was
entitled “Meaning, Logic, and the
Systematization of Law: Kelsen, Wittgenstein
and Information Architecture.”
Andrew Schepard, “Divorce-by-Form Riles
Texas Bar,” The Wall Street Journal, February
24; “A Law Changes At Last Minute,” The Wall
Street Journal, March 12.
Amy Stein, “Be concise, accurate when
responding to RFPs,” Long Island Business
News, January 25.
QUOTED IN
Ronald Colombo, “SEC Offers Cosmetic
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Janet Dolgin: 42 CUMB. L. REV. 65, 38 AM. J.L.
& MED. 7, 3 CASE W. RESERVE J.L. TECH. &
INTERNET 195.
BROADCAST APPEARANCES
Fred Klein appeared on News 12 Long Island
on December 21 to discuss the murder of an
NYPD officer.
Akilah Folami: 2012 WIS. L. REV. 1.
Eric M. Freedman: 125 HARV. L. REV. 901, 14
U. PA. J. CONST. L. 719, 56 N.Y.L. SCH. L. REV.
911.
Daniel Greenwood appeared on the Scholars’
Circle feature of “The Insighters” with Maria
Armoudian on KPFK 90.7 FM Los Angeles to
discuss the Citizens United decision. A recording
of the January 22 show has been made available
for download and can be accessed
at archive.kpfk.org.
Monroe Freedman: 46 U. RICH. L. REV. 695, 90
TEX. L. REV. 673, 90 TEX. L. REV. 709, 90 TEX.
L. REV. 727, 81 REV. JUR. U.P.R. 1, 59 UCLA L.
REV. DISCOURSE 86, 56 N.Y.L. SCH. L. REV.
1063, 42 SETON HALL L. REV. 55, 38 WASH. U.
J.L. & POL'Y 383.
James Sample participated in a live webcast
hosted by UCI Law regarding the U.S. Supreme
Court’s Citizens United decision. A recording
can be accessed through
http://electionlawblog.org/?p=29208.
Leon Friedman: 84-APR N.Y. ST. B.J. 10, 56
N.Y.L. SCH. L. REV. 825, 837, 911, 1053, 1063, 5
J. NAT'L SECURITY L. & POL'Y 409.
Scott Fruehwald: 24 REGENT U. L. REV. 49
CITATIONS
Brian Frye: 61 AM. U. L. REV. 585.
Miriam Albert: 1928 PLI/CORP 377.
Mitchell Gans: 39 ESTPLN 38, 92 B.U. L. REV.
643.
Alafair Burke: 46 U. RICH. L. REV. 695, 96
MINN. L. REV. 952, 90 TEX. L. REV. 771, 56
N.Y.L. SCH. L. REV. 969, 17 SUFFOLK J. TRIAL &
APP. ADVOC. 74.
Elizabeth Glazer: 160 U. PA. L. REV. 633.
John DeWitt Gregory: 24 J. AM. ACAD.
MATRIM. LAW. 467.
Robert A. Baruch Bush: 56 N.Y.L. SCH. L.
REV. 281, 27 OHIO ST. J. ON DISP. RESOL. 1.
Joanna Grossman: 160 U. PA. L. REV. 1195,
100 CAL. L. REV. 1, 38 WM. MITCHELL L. REV.
737, 24 J. AM. ACAD. MATRIM. LAW. 467, 19
VILL. SPORTS & ENT. L.J. 249.
Yishai Boyarin: 27 OHIO ST. J. ON DISP. RESOL.
1.
Bennett Capers: 110 MICH. L. REV. 761.
Grant Hayden: 86 TUL. L. REV. 831, 160 U. PA.
L. REV. PENNUMBRA 219.
Robin Charlow: 81 MISS. L.J. 491.
Bruce Ching: 63 ALA. L. REV. 429.
James Hickey: 4 KY. J. EQUINE, AGRIC. & NAT.
RESOURCES L. 55.
J. Scott Colesanti: 38 WM. MITCHELL L. REV.
737.
Lawrence Kessler: 42 SETON HALL L. REV. 55.
Stefan Krieger: 21 ANNALS HEALTH L. 257.
Nora Demleitner: 61 DUKE L.J. 1067, 39
RUTGERS L. REC. 47, 24 J. AM. ACAD. MATRIM.
LAW. 467, 18 MICH. J. GENDER & L. 485, 2012
WIS. L. REV. 195.
Julian Ku: 100 GEO. L.J. 709, 97 IOWA L. REV.
753, 125 HARV. L. REV. 1042, 38 AM. J.L. &
MED. 7.
J. Herbie DiFonzo: 100 CAL. L. REV. 1, 24 J.
AM. ACAD. MATRIM. LAW. 391, 411, 17
SUFFOLK J. TRIAL & APP. ADVOC. 54.
Katrina Kuh: 61 DUKE L.J. 1111.
Eric Lane: 97 CORNELL L. REV. 433, 160 U. PA.
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Law’s study abroad program in Cuba on March
30. The program, lead by Juli Campagna, is the
result of a 2011 trip to Cuba by Dean Nora
Demleitner, Jeffrey Dodge and Campagna.
L. REV. 715, 63 ALA. L. REV. 429.
Richard Neumann: 5 THE CRIT: CRITICAL STUD.
J. 1, 56 N.Y.L. SCH. L. REV. 517, 24 REGENT U.
L. REV. 83.
J. Scott Colesanti will be serving as Semi-Final
Round judge in Fordham Law School’s Irving R.
Kaufman Memorial Securities Law Moot Court
Competition for the second year in a row.
Ashira Ostrow: 26-FEB PROB. & PROP. 35.
Alan Resnick: 291 COM L ADVISER NL 2, 1080
PLI/PAT 31, 978 PLI/TAX 1091, 1928 PLI/CORP
635, 31-FEB AM. BANKR. INST. J. 1, 22, 43 ST.
MARY'S L.J. 333.
Eric M. Freedman as amici curiae submitted a
brief in support of the petition for writ of
certiorari in the Michael Bascum Selsor v.
Randall G. Workman case.
James Sample: 45 AKRON L. REV. 1.
Andrew Schepard: 24 J. AM. ACAD. MATRIM.
LAW. 391, 411.
Brian Frye received a grant from the Jerome
Foundation for his feature-length
documentary, Our Nixon.
Lea Shaver: 110 MICH. L. REV. 709.
Roy Simon: 1074 PLI/PAT 407.
The documentary was also featured in The Wall
Street Journal on January 23, in an article
entitled “Nixon at Home, Kissinger on the
Beach,” and in a Newsday article entitled “Film
to show home movies of Nixon staffers” on
January 28.
Judd Sneirson: 38 WM. MITCHELL L. REV. 817,
12 WYO. L. REV. 91.
Barbara Stark: 100 CAL. L. REV. 1.
Rose Villazor: 24 J. AM. ACAD. MATRIM. LAW.
467.
Further, Frye received a grant from Creative
Capital for his new documentary, The Rules of
Evidence, which investigates how courts
interpret motion pictures presented as evidence.
HONORS, APPOINTMENTS, AND
OTHER ACKNOWLEDGEMENTS
Joanna Grossman’s book, Inside the
Castle (Princeton University Press, 2011), won
the 2011 David J. Langum, Sr. Prize in
American Legal History.
Barbara Barron taught a trial advocacy teacher
training course for the Department of State and
Justice Department in Macedonia on January 2326. The teacher training course is part of an
integrated, comprehensive effort to introduce
American style trial advocacy skills to the
Macedonian criminal justice system.
Frank Gulino served as Regional Coordinator
as Hofstra Law hosted the Region 2 Rounds of
the National Trial Competition (NTC) last week.
Bennett Capers was recently elected
Chairperson of the AALS Section on Criminal
Justice, a one-year position. Professor Capers
has also been named Chair of the Planning
Committee for the AALS’s 2013 Mid-Year
Criminal Justice Conference. The Planning
Committee will be responsible for organizing a
three-day program for the 2013 mid-year
meeting.
Of the nine schools competing in the region this
year, Hofstra Law was the only school to have
both its teams reach the regional finals. One of
the Hofstra teams won its final trial.
The National Law Journal featured Hofstra
Further, Professor Gulino served as a judge in
At an awards banquet held on February 10 at
Domus, home of the Nassau County Bar
Association, two Hofstra students won three of
four awards for individual advocacy through the
competition’s preliminary rounds.
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the Philip C. Jessup International Law Moot
Court Competition; and for the third straight
year, he served as a Brief Judge in the National
Moot Court Competition in Child Welfare &
Adoption Law.
December. The class, called the Global Lawyer,
focused on issues related to transnational law
practice.
Professor Fortney was also awarded a 20112012 Faculty Diversity Research and Curriculum
Development grant for her project called, “The
Ethics of Diversity and the Legal Profession.”
Frank Gulino also coached a Hofstra Law team
to compete in the New York Regional rounds of
the ABA's National Appellate Advocacy
Competition (NAAC) . The Hofstra team went
all the way to the regional finals before narrowly
being defeated in the final round.
James Sample’s report, New Politics of Judicial
Elections, was cited in the Montana Supreme
Court’s majority opinion as it upheld the state’s
century-old ban on direct, general corporate
treasury spending for or against political
candidates.
Lastly, a team of Hofstra Law students, coached
by Professor Gulino, finished as semifinalists in
the 20th Annual Duberstein Bankruptcy Moot
Court Competition. They also won an
Outstanding Brief Award. Based upon a
combination of oral and brief scores, the Hofstra
Law team ranked fourth (out of 56 total teams)
in the competition.
Amy Stein served as a brief judge in the
National Moot Court Competition in Child
Welfare and Adoption Law for the sixth time.
Students participating in the competition argued
current critical issues concerning child welfare
and adoption law before the state Supreme
Court.
Susan Joffe served as a judge for the Child
Welfare and Adoption Law Moot Court
Competition.
Vern Walker is on the Program Committee for
the fourth Workshop on Semantic Processing of
Legal Texts, to be held in Istanbul on May 27.
The workshop will be part of the Eighth
International Conference on Language
Resources and Evaluation (LREC).
Theo Liebmann has been selected by the New
York State Appellate Division’s Second
Department to serve on the Attorneys for
Children Advisory Committee for the Tenth
Judicial District.
Further, “A Framework for the Extraction and
Modeling of Fact-finding Reasoning from Legal
Decisions: Lessons from the Vaccine/Injury
Project Corpus, an article authored by Vern R.
Walker and 2011 Hofstra graduates Nathaniel
Carie, Courtney C. DeWitt and Eric Lesh, was
featured in the January 27 issue of the New York
Law Journal.
Christopher McGrath received the 2012
Attorney Professionalism Award, the top honor
from the state’s bar association, on January 26,
2012 at the Association’s Annual Meeting in
Manhattan.
Ashira Ostrow’s article, “Process Preemption in
Federal Siting Regimes,” 48 HARV. J. LEGIS. 289
(2011) was selected for inclusion in a Thomson
Reuters publication called the Zoning and
Planning Law Handbook.
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The article was also featured in the
January/February 2012 issue of Probate and
Property.
Susan Saab Fortney taught an LL.M. class in
the Global Business Law Program at the
University of La Trobe in Melbourne this past
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