HOFSTRA LAW
FACULTY NEWS
Vol . 10 , no. 2
December 27, 2010
PUBLICATIONS
Jamie Abrams (visiting) published The Dual
Purposes of the U Visa Thwarted in a
Legislative Duel, 19 ST. LOUIS U. PUB. L. REV.
373 (2010).
Fred Klein (visiting) published A View from
Inside the Ropes: A Prosecutor’s Viewpoint on
Disclosing Exculpatory Evidence, 38 HOFSTRA
L. REV. 867 (2010).
Alafair Burke published Prosecutorial
Agnosticism, 8 OHIO ST. J. CRIM. L. 79 (2010).
Alan Resnick edited and published COLLIER
GUIDE TO CHAPTER 11: KEY TOPICS AND
SELECTED INDUSTRIES, a new one-volume book
published by LexisNexis.
Baruch Bush published TRANSFORMATIVE
MEDIATION: A SOURCEBOOK—RESOURCES FOR
CONFLICT INTERVENTION PRACTITIONERS AND
PROGRAMS, with Joe Folger and Dorothy Della
Noce. In addition, his book THE PROMISE OF
MEDIATION: THE TRANSFORMATIVE APPROACH
TO CONFLICT (also with Joe Folger) was newly
translated into Swedish and Slovenian.
Andrew Schepard published Regulating
Collaborative Law, 17 NO. 1 DISP. RESOL. MAG.
26 (2010), and Collaborative Law and the
Uniform Collaborative Law Act, 3 N.Y. DIS.
RES. L. 26 (Fall 2010).
COMMENTARY
Monroe Freedman published the fourth edition
of UNDERSTANDING LAWYERS’ ETHICS.
Professor Freedman also approved the
publication in Chinese of his article, Our
Constitutional Adversary System.
Daniel’s Greenwood’s “Handouts and
Hoarding” was featured in Dissent Magazine on
October 20. Also, his “Prosperity Comes from
Justice, Not Austerity,” was featured in Dissent
Magazine on October 21.
Joanna L. Grossman published columns in
FINDLAW’S WRIT: No Gay Divorcees in Texas
(Sept. 13, 2010); “The Kids are Alright”: Family
Life and Family Law on the Big Screen (Sept.
14, 2010) (with Lawrence M. Friedman); “Sister
Wives”: Will Reality Show Stars Face
Prosecution for Polygamy in Utah? (with
Lawrence M. Friedman) (Oct. 4, 2010); Will
Gays and Lesbians in Florida Finally Gain the
Right to Adopt Children? (Oct. 26, 2010); In
United States v. Flores-Villar, the Supreme
Court will Hear Argument on the Citizenship
Rights of Non-Marital Children (Nov. 8 & 9,
2010).
James Sample, “The New Politic$ of Judicial
Elections” was featured in Volume 94, Issue
Number 2 of Judicature.
Grant Hayden published The Cult of Efficiency
in Corporate Law, 5 VA. L. & BUS. REV. 239
(2010).
PRESENTATIONS
Baruch Bush was a plenary panelist at the
Association for Conflict Resolution National
Conference, on “Transformative Mediation: Two
Decades of Practice and Research,” on
September 2.
Nora Demleitner spoke at Loyola University
New Orleans where the Law School and the
Journal of Public Interest Law presented a
symposium on “Federalism at Work: State
Criminal Law, Immigrants, and ImmigrationRelated Activity” on November 5th.
Akilah Folami presented her article titled,
“Freeing the Press from Editorial Discretion and
Cultural Hegemony in Bona Fide News,” at the
Third National People of Color conference
hosted by Seton Hall Law School.
Eric Freedman spoke at the New York City Bar
Association’s Committee on Capital
Punishments “Annual Corpus Training for
Capital Post-Conviction Attorneys” on October
14th. Also, Professor Freedman was a keynote
speaker at the launch of the Justice Elwin L.
Page Volunteer Program on October 20th.
Professor Freedman spoke at the Seton Hall Law
Review’s annual conference, titled “National
Security Policy and the Role of Lawyering:
Guantanamo and Beyond” on October 28th. He
also spoke at a University of Maryland
conference entitled “Re-imagining International
Clinical Law” on November 18.
Monroe Freedman addressed the plenary
session of a three-day national conference on
Ethics in Judging in Ottawa, Canada on October
21st. The session consisted of distinguished
Canadian judges, lawyers, and law professors.
Leon Friedman participated in a PLI program
on the latest term of the Supreme Court (20092010), speaking about First Amendment cases
and Section 1983 cases on August 3. In
addition, he participated in a program at Hofstra
on Birth Right Citizenship on Bill of Rights day
on September 15, participated in a Hosftra
program on the Google Book settlement and the
copyright problems connected with the
settlement on October 22, and participated in a
PLI program on Section 1983 and civil rights
litigation on October 28. He also participated in
a Program on “Actual Innocence” at the New
York Law School on November 5. Later that
same day, he participated in a program at Touro
Law School on the business decisions in the
2009-10 Supreme Court Term.
Linda Galler was a featured speaker at the ABA
Section of Taxation and Section of Real
Property, Trust & Estate Law 2010 Joint Fall
Meeting in Toronto, Ontario on September 24th.
Mitchell Gans spoke at the Notre Dame Tax
Institute on the tax consequences of a sale of life
insurance policies on October 28, and also gave
a presentation at the ACTEC Circular 230 Task
Force on proposed regulations under section
10.34 of the Circular 230 in October. He also
gave a presentation at the law school for Rivkin
Radler on fiduciary-duty issues in September.
Daniel Greenwood spoke at the Wharton
School on October 1st, in a conference on the
Citizens United decision. He also co-taught a
session on corporate speech at a seminar held at
Boston College Law School on October 27th.
Joanna Grossman presented “Are Transsexuals
Paving the Way for Gender Equality,” at the
Northeast Law & Society Meeting in Amherst,
Massachusetts on October 2.
Susan Joffe presented at a panel on
“Unemployment and the Safety Net” on October
21st at Hofstra University, in conjunction with
the Hofstra Labor Studies Program. She spoke
about current issues relating to the contingent
work force and obstacles facing jobless
Americans seeking unemployment benefits.
Julian Ku moderated a panel on “The
Responsibility to Protect and Sovereign Dignity”
at the American Branch of the International Law
Association, International Law Weekend, on
October 10. He also presented his paper, "The
Limits of Corporate Rights Under International
Law" at the biennial meeting of the American
Society of International Law's International
Economic Law Interest Group at the University
of Minnesota School of Law on November 4.
Alan Resnick delivered the Keynote Address at
the 33rd Annual North Carolina Bankruptcy
Institute, sponsored by the North Carolina Bar
Association, on November 19th. He also made
presentations on “The Formulation and
Confirmation of a Chapter 11 Plan of
Reorganization” and on "Disclosure
Requirements in Chapter 11 Cases" at the New
York University Annual Workshop on
Bankruptcy and Business Reorganizations, on
September 22 and 23.
James Sample spoke on September 30th at the
National Press Club in Washington, D.C. The
discussion explored how special-interest money
exploded in state court races in the last decade,
thereby posing an unprecedented threat to the
fairness, impartiality and independence of
America’s courts. In addition, Professor Sample
served as a keynote speaker at the “Selecting
Montana’s Judges: Protecting Impartiality,
Ensuring Accountability, and Preserving Public
Trust” event on November 16th and debated as
part of the plenary session of the Annual
Wisconsin Supreme Court Conference on
December 3rd. Professor Sample also presented
his forthcoming paper, tentatively entitled,
Differences, Distinctions, and Elected Judges: A
Developing Federal-State Dialogue at
University Chicago Law School.
Andrew Schepard participated in a panel
presentation on October 29th for a Town Hall
forum on the ethical issues involved in lawyers
hiring a mental health consultant to prepare
parents for child custody evaluations and to
critique the reports of mental health professions.
In addition, Professor Schepard participated in
the annual meeting of the American Bar
Association’s Commission on Youth at Risk on
November 11th.
Lea Shaver participated in “Innovate/Activate:
An Unconference on Intellectual Property and
Activism” at New York Law School on
September 24. Professor Shaver was one of
several academics featured in the keynote
portion of the program. During her remarks,
Professor Shaver addressed the “Access to
Knowledge” social movement, as well as her
research around intellectual property and social
justice. She also moderated the first panel of the
conference, titled “Replicate/Recreate.”
Norman Silber presented his book A
CORPORATE FORM OF FREEDOM and his views
regarding the revision of the New York Not-forProfit Corporations Law at a meeting of the New
York County Lawyers Association Committee
on Nonprofit Law, September 22nd. Professor
Silber also presented two papers at the meeting
of ARNOVA on November 18th.
Barbara Stark presented her chapter in the new
book, INTERNATIONAL LAW FOR FEDERAL
JUDGES, to the American Society of International
Law, on November 12th.
Rose Villazor presented "The Other Loving:
Uncovering the Federal Regulation of Interracial
Marriages," at a Willamette Law School Faculty
Workshop on October 4, and at the University of
South Carolina Race and the Family Conference,
on October 15.
Vern Walker presented “Public Health and the
Rule of Law at Hofstra” at the conference Public
Health Challenges and Achievements: 19352010, held at Hofstra University on November
4th and 5th. The conference was sponsored by
the Hofstra University School of Education,
Health and Human Services, in cooperation with
the Hofstra University School of Law and the
Hofstra North Shore-LIJ School of Medicine at
Hofstra University. He also made a presentation
describing the work of Hofstra Law School’s
Research Laboratory for Law, Logic and
Technology at Hofstra Law School’s Donor
Appreciation and Scholarship Dinner, held on
November 11th.
QUOTED IN
J. Herbie DiFonzo, “Genetic Mother Loses Her
Bid to be Named on Birth Certificate,” The New
York Law Journal, November 17.
Eric M. Freedman, “Brown’s Office
Reconsidering Motion Seeking to Send Lisker
Back to Prison,” Los Angeles Times, September
3, 2010; “Arizona Executes After Supreme
Court Clears Way,” New York Times, October
27, 2010; “With Appeals, an Execution, If It
Happens, May Be Many Years Away,” New
York Times, November 8. “Suffolk Plan to Keep
Gangs Out May Raise Legal Issues,” Newsday,
November 26.
Joanna Grossman, “The Sons Against the
Widow,” New York Times Magazine, November
7.
James Sample, “O’Connor Retired from Court,
Not Disclosure,” USA Today, September 9;
“Judges, Others Want Court to Weigh in on
Judicial Campaign Speech,” The National Law
Journal, September 30; “New Recusal
Controversy in West Virginia High Court,” The
Blog of Legal Times/The National Law Journal,
September 24; “Judges, Legal Experts Propose
Merit-Selection for Montana Judges,” Billings
Gazette, November 16.
Eric Freedman: 38 HASTINGS CONST. L.Q. 131,
96 VA. L. REV. 1361, 73 ALB. L. REV. 1245, 95
IOWA L. REV. BULL. 39, 66 N.Y.U. ANN. SURV.
AM. L. 371.
BROADCAST APPEARANCES
Leon Friedman: 38 HASTINGS CONST. L.Q.
201, 12 J. L. & FAM. STUD. 87.
Eric Lane was interviewed by New York 1
News regarding the NYS Lieutenant Governor’s
role as tie-breaker in the State Senate on
November 3rd.
Mitchell M. Gans: 36 ACTEC L.J. 273, 21 NO.
1 OHIO PROB. L.J. 1.
CITATIONS
Monroe Freedman: 60 DUKE L.J. 499, 23 GEO.
J. LEGAL ETHICS 1065, 23 GEO. J. LEGAL ETHICS
1119, 8 OHIO ST. J. CRIM. L. 79, 60 U. TORONTO
L.J. 938, 96 VA. L. REV. 1417, 6 AKRON L. REV.
785.
Daniel Greenwood: 124 HARV. L. REV. 143, 15
COMM. L. & POL’Y 311, 2010 B.Y.Y. L. Rev.
167.
Alafair Burke: 110 COLUM. L. REV. 1655, 45
GA. L. REV. 107, 8 OHIO ST. J. CRIM. L. 1, 2010
B.Y.U. L. REV. 515, 61 ALB. L. REV. 1245, 73
ALB. L. REV. 1245, 85 CHI.-KENT L. REV. 127,
17 GEO. J. POVERTY LAW & POL'Y 487, 62
HASTINGS L.J. 67, 62 ME. L. REV. 717, 69 MD.
L. REV. 849, 8 OHIO ST. J. CRIM. L. 119, 40
SETON HALL L. REV. 132.
John Gregory: 29 MISS. C. L. REV. 613, 86
N.D. L. REV. 115.
Baruch Bush: 25 ST. JOHN’S J. LEGAL
COMMENT. 99.
James E. Hickey: 85 IND. L.J. 1527, 51 VA. J.
INT’L L. 185.
Bennett Capers: 89 OR. L. REV. 1, 87 WASH.
U. L. REV. 1345, 96 IOWA L. REV. 195, 37
FORDHAM URB. L.J. 1083, 85 IND. L.J. 1333, 8
OHIO ST. J. CRIM. L. 7, 63 VAND. L. REV. 1243,
34 SEATTLE U. L. REV. 133.
Stefan Krieger: 17 CLINICAL L. REV. 389, 13
SCHOLAR 67, 113 W. VA. L. REV. 67, 75 J.
AIR L. & COM. 503.
J. Scott Colesanti: 7 BERKELEY BUS. L.J. 102,
15 NEXUS: CHAP. J.L. & POL’Y 43.
Nora Demleitner: 85 N.Y.U. L. REV. 1661, 52
WM. & MARY L. REV. 465, 110 COLUM. L. REV.
1526, 52 WM. & MARY L. REV. 1.
Janet Dolgin: 45 WAKE FOREST L. REV. 1469,
45 WAKE FOREST L. REV. 1489, 17 CARDOZO
J.L. & GENDEr 197.
Akilah Folami: 79 GEO. WASH. L. REV. 161.
Joanna Grossman: 79 FORDHAM L. REV. 499,
34 SEATTLE U. L. REV. 235, 52 WM. & MARY L.
REV. 197.
Grant Hayden: 95 MINN. L. REV. 9, 42 ARIZ.
ST. L.J. 717.
Julian Ku: 96 IOWA L. REV. 195, 32 MICH. J.
INT’L L. 1.
Eric Lane: 3 ALB. GOV’T L. REV. 741, 66
N.Y.U. ANN. SURV. AM. L. 371.
Richard K. Neumann, Jr.: 16 LEGAL WRITING:
J LEGAL WRITING INST. 163, 16 LEGAL
WRITING: J LEGAL WRITING INST. 223, 16
LEGAL WRITING: J LEGAL WRITING INST. 363,
16 LEGAL WRITING: J LEGAL WRITING INST.
411, 16 LEGAL WRITING: J LEGAL WRITING
INST. 463, 16 LEGAL WRITING: J LEGAL
WRITING INST.521, 89 OR. L. REV. 305, 17
CLINICAL L. REV. 285, 17 CLINICAL L. REV.
389, 7 J. ASS’N LEGAL WRITING DIRECTORS 87,
7 J. ASS’N LEGAL WRITING DIRECTORS 229, 113
W. VA. L. REV. 67.
Alan Resnick: 79 FORDHAM L. REV. 521, 96
IOWA L. REV. 261, 18 GEO. MASON L. REV. 99.
James Sample: 124 HARV. L. REV. 118.
Ronald Silverman: 20 CORNELL J.L. & PUB.
POL’Y 67.
Roy Simon: 17 CLINICAL L. REV. 21, 60
SYRACUSE L. REV. 1061, 45 WAKE FOREST L.
REV. 1287.
Barbara Stark: 58 AM. J. COMP. L. 753, 73
ALB. L. REV. 1459.
Vern Walker: 20 HEALTH MATRIX 55, 40
SETON HALL L. REV. 1581.
HONORS, APPOINTMENTS, AND
OTHER ACKNOWLEDGEMENTS
Barbara Barron spent October 12-14 in
Kosovo where she taught in a special skills
training program sponsored by the United States
Department of State and the Kosovo Judicial
Institute.
Nora Demleitner was elected as a member of
the American Law Institute.
John DeWitt Gregory recently became a
member of the National Interdisciplinary
Colloquium on Child Custody Law (NICCCL).
Joanna Grossman served as a guest blogger for
SALTLAW, the blog for the Society of
American Law Teachers, a Community of
Progressive Law Teachers Working for Justice,
Diversity and Academic Excellence, in October.
Stefan Krieger was acknowledged by the leader
of the tenants advocacy group, NY Tenants &
Neighbors, in the Great Neck Record, on
November 25. Discussing the recent decision of
the Nassau County Rent Guidelines Board
adopting the lowest rent adjustments in its 36year history, the leader stated that this victory
was made possible in large part by “Professor
Stefan Krieger of Hofstra Law School and a
team of talented law students who for ‘over the
last seven years have done extraordinary legal
work’.”
Katrina Kuh’s paper, “Capturing Individual
Harms,” was selected through a blind, peer
reviewed process for presentation during the
panel “New Voices on Cutting Edge Issues in
Natural Resources and Environmental Law” at
the Natural Resources Law session during the
AALS Annual Meeting.
Ashira Ostrow was one of two winners of the
annual Association of American Law School’s
Scholarly Papers Competition with her article
titled “Process Preemption in Federal Siting
Regimes,” forthcoming in the Harvard Journal
on Legislation.
Andrew Schepard participated as part of a
multi disciplinary evaluation team organized by
the Association of Family and Conciliation
Courts which completed a report assessing
Marion County (Indianapolis), Indiana’s Family
Court Services and making recommendations to
the court administration after several days of
interviews and data collection.
Vern Walker wrote an article to appear in the
Fall 2010 Issue of the magazine Hofstra
Horizons, describing the work of Hofstra Law
School’s Research Laboratory for Law, Logic
and Technology (LLT Lab). In the article he
explained that the LLT Lab conducts empirical
research on the reasoning in legal decisions –
particularly the reasoning that connects the
evidence in the case to the findings of fact
(usually called “fact finding”). He also joined
the Advisory Board for the European Journal of
Risk Regulation (EJRR), published by Lexxion
Verlagsgesellschaft mbH in Berlin. EJRR
provides a forum for informed discussion on
how risks to individuals’ health and safety are
regulated across policy domains in Europe.