Hofstra Law
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Faculty in the News
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July 2006

Salon.com July 13, 2006
Embattled Bush Judge Disputes Salon Report
By Will Evans

Professor Monroe Freedman contributes to this article about the controversial nomination of Judge Terrence W. Boyle to the United States Court of Appeals for the Fourth Circuit. Judge Boyle’s nomination has been slowed by allegations that he failed to recuse himself in certain cases while sitting as a judge in North Carolina despite conflicts of interest.

Daily News (New York) July 11, 2006
Tell-All Risks Mob Cop Case
By John Marzulli

Professor Monroe Freedman comments in this article about the “egregious judgment” shown by a prosecutor who signed a contract to write a book about a criminal case before it was finished.

Newsday July 7, 2006
Can’t Be Wed in New York
By John Riley

Professor Joanna Grossman contributes to this article about the decision of New York’s highest court in Hernandez v. Robles, which held that same-sex couples have no constitutional right to marry in the state.

The New York Times July 7, 2006
Pataki Gets a Decision He Wanted on the State’s Highest Court
By Richard Perez-Pena

Professor Joanna Grossman contributes to this article about the makeup of the New York Court of Appeals, which recently ruled that there is no right of same-sex marriage under the state constitution.

TRIAL July 1, 2006
Executive Women Drive Rise in Pregnancy Bias Lawsuits
By Carmel Sileo

Professor Joanna Grossman contributes to this article about a recent surge in pregnancy discrimination lawsuits in the United States.

June 2006

NPR June 27, 2006
Morning Edition
Interview with Nina Totenberg

Professor Leon Friedman comments in this interview about a recent Supreme Court decision upholding Kansas’ capital punishment law that mandates the death penalty when the jury finds an equal number of aggravating and mitigating factors at sentencing.

The Courier-Journal (Louisville, KY) June 25, 2006
Lambert Wrong, Legal Experts Say

Professor Monroe Freedman contributes to this article about whether Kentucky Chief Justice Joseph Lambert showed poor judgment when he wrote in a footnote to a legal opinion that Governor Ernie Fletcher could not be prosecuted while in office without first being impeached. It is "injudicious to use a dictum on such an important and complex issue without its having been thoroughly briefed and argued," Freedman noted.

Tampa Tribune June 22, 2006
Prosecutors on Defensive
Elaine Silvestrini

Professor Monroe Freedman comments in this article about “serious wrongdoing by the prosecutor” who, in an international drug investigation, seized privileged documents from the defense.

The San Francisco Chronicle June 21, 2006
No Need to Worry: Millionaires Thriving
By Kelly Zito

Professor Leon Friedman comments about growing wealth inequality in the United States, noting the creation of “a class society where it gets more and more difficult for the people in the bottom or the middle to reach the people at the top.”

Los Angeles Times June 13, 2006
High Court Scrutinizing Capital Cases
By David G. Savage

Professor Eric Freedman comments in this article about a recent Supreme Court decision, which ruled that states must defend the mix of drugs they utilize for execution by lethal injection.

The Miami Herald June 13, 2006
Inmates Given a Chance to Dispute Lethal Injection
By Lesley Clark

Professor Eric Freedman comments in this article about last-minute challenges to lethal injection as a method of execution. "It may well be that Florida, as it did with the electric chair, decides it makes more sense to change than go through a series of gory hearings and lose at every stage," Freedman commented.

The Daily Record (Baltimore) June 13, 2006
Death-Row Lawyers Hail Supreme Court's Ruling
By Caryn Tamber

Professor Eric Freedman comments in this case about brewing challenges over the constitutionality of lethal injection as a method of execution.

ABC June 12, 2006
World News Tonight
Interview with John Cochran

Professor Eric Freedman is interviewed about Hill v. McDonough, a Supreme Court opinion that permits death row inmates to challenge the constitutionality of a state’s method of lethal injection. “States are going to have to defend their drug cocktails,” Freedman noted.

The New York Times June 11, 2006
Homeless? Not Without a Fight
By Robin Finn

This article profiles the work of the Hofstra Law School Housing Clinic, directed by Professor Stefan Krieger, in challenging an upscale renovation of an apartment complex that would cause the eviction of many of the building's Latino tenants.

News June 11, 2006
Same-Sex Marriage: Modern Federal Debate
By Linda C. McClain

Professor McClain contributes this editorial about the Senate's recent debate of the Federal Marriage Amendment, questioning the argument that banning same-sex marriage would preserve marriage "as the Framers knew it."

News June 8, 2006
Court: E-mail Means Business
By Daniel Wagner

Professor Norman Silber comments in this article about a recent decision from the New York Court of Appeals holding that an out-of-state company can be sued in New York if it conducts business "in" the state via e-mail or instant messaging. "It's overdue and it's appropriate," commented Silber.

May 2006

The Cincinnati Enquirer May 31, 2006
What was Chesley's Role?
By Andrew Wolfson

Professor Monroe Freedman contributes to this article the possible impropriety of a fee arrangement in a major pharmaceutical liability case.

Financial Times May 30, 2006
Challenge to Lethal Injections Could Mean Delayed Executions
By Jenny Johnson

Professor Eric Freedman comments in this article about new challenges to lethal injection as a method of execution, that "If you have a competent lawyer, you almost never get the death penalty."

The Courier-Journal May 29, 2006
Kentucky's Fen-Phen Case: A Breach of Duty
By Andrew Wolfson

"It looks like embezzlement, let alone being unethical," commented Professor Monroe Freedman about the lawyers' fee arrangement in a case involving liability for injury caused by the diet drug fen-phen.

The Bismarck Tribune May 23, 2006
Corps of Engineers Called Dysfunctional

Professor Eric Freedman comments in this article about the Supreme Court's refusal to hear a case challenging the constitutionality of lethal injection as a method of execution. "The Supreme Court is plainly not ready to step into the lethal injection controversy yet," Freedman observed.

Salon.com May 23, 2006
Bench Warfare
By Will Evans

Professor Monroe Freedman comments in this article about the ethical issues plaguing federal judicial nominee Terrence W. Boyle.

News May 22, 2006
Curbing Auto Lawsuits
By Ann Givens

Dean Aaron Twerski contributes to this article about the recent decrease in lawsuits arising from auto accidents.

The New York Times May 22, 2006
A Blind Eye on Judges

Professor Monroe Freedman contributes this Letter to the Editor, urging Senators to take ethical complaints seriously when considering federal judicial nominees.

Long Island Business News May 12, 2006
Push to Encourage Attorneys to Report Fraud Will Redefine Lawyer-Client Privilege
By Claude Solnik

Professor Roy Simon comments in this article about the ways in which attorney-client privilege presents an obstacle to reporting fraud in big corporations.

News May 7, 2006
DWI Courts a Step in Right Direction
By Nora V. Demleitner

Professor and Vice Dean Demleitner contributed this editorial praising the new DWI policy, adopted by newly elected Nassau County District Attorney Kathleen Rice, to improve the handling of drunk driving cases.

Los Angeles Times May 6, 2006
Judge Chipped Away at Lisker Evidence
By Matt Lait and Scott Glover

Professor Eric Freedman contributes to this article about whether a claim of actual innocence is sufficient to permit an exception to a filing deadline in a suit to challenge a death sentence.

The New York Times May 5, 2006
Moussaoui Verdict Highlights Where Juries Fear to Tread
By Adam Liptak

Professor Eric Freedman comments in this article about the terrorism trial of Zacarias Moussaoui. Freedman predicts a challenge to Moussaoui's guilty plea based on a theory of mental incompetence.

News May 4, 2006
A Tax Foe Acquitted
By Robert E. Kessler

Professor Linda Galler comments in this article about the acquittal of an accountant charged with income tax evasion for excluding income from his clients' tax returns on the theory that salaries cannot legally be taxed.

The New York Times May 3, 2006
Trouble Finding Inmate's Vein Slows Lethal Injection in Ohio
By Adam Liptak

Professor Eric Freedman comments on a recent case in which it took prison officials almost 90 minutes to execute a man. "The constitutional requirement is that the best available technology be used to extinguish life as painlessly as possible," Freedman noted.

Buffalo News May 1, 2006
Give Power to Committees

Professor Eric Lane contributes to this article about efforts to create committees in the New York state legislature, as one mechanism for breaking up the internal power structure.

Salon.com May 1, 2006
Controversial Bush Judge Broke Ethics Law
By Will Evans

Professor Monroe Freedman contributes to this article about the ethical controversy plaguing circuit court nominee Terrence W. Boyle.

April 2006

Buffalo News April 30, 2006
A State of Dysfunction
By Kevin Walter

Professor Eric Lane comments in this article about the "dysfunction" of the New York legislature.

Daily News April 30, 2006
4th Jury in Slay Case
by Richard Weir

Professor Alafair Burke contributes to this article about a murder defendant being tried for a fourth time, after three trials ended with a hung jury. "Statistically, it's improbable, because most jurors will deliberate and reach a verdict," Burke observed about the chances of a fourth hung jury.

The New York Times April 27, 2006
Federal Victory in Terror Case May Prove Brief, Experts Say
By John M. Broder

Professor Eric Freedman contributes to this article about evidentiary weaknesses in several terror cases the federal government is prosecuting. With respect to a recent conviction of Hamid Hayat, Freedman observed that this "bears all the hallmarks of one that is eventually overturned as being unsupported."

News April 26, 2006
Bill's Fate Spotlights a Delicate Balance
By Sid Cassese and Celeste Hadrick

Professor Eric Lane comments in this article about the recent "derailment" of a domestic partner registry in the Nassau County Legislature, despite support by the Democratic majority leader.

National Public Radio April 24, 2006
All Things Considered
Interview with Robert Siegel

Professor Eric Freedman is interviewed about the state of death penalty law and practice on the tenth anniversary of a law that radically changed the way death penalty cases are handled.

The Washington Post April 21, 2006
U.S. Suffers Setback in Case of Alleged Enemy Combatant
By Dan Eggen

Professor Eric Freedman comments in this article about the terrorism case against Ali Saleh Kahlah al-Marri, the last enemy combatant held on U.S. soil.

The Village Voice April 18, 2006
Her Right to Be Obnoxious
By Kristen Lombardi

Professor Leon Friedman contributes to this article about a woman who was jailed for contempt based on her long-standing protest against the Administration for Children's Services for the way they handled an abuse-and-neglect case involving her daughter.

News April 4, 2006
Moussaoui Trial - Deciding His Fate
By John Riley and Craig Gordon

Professor Eric Freedman noted, in the wake of the jury's decision that terrorist plotter Zacarias Moussaoui was death-penalty eligible, that a "rational observer would expect Moussaoui to die of old age" because of the likelihood of drawn out appeals and challenges to a death sentence.

March 2006

National Law Journal March 27, 2006
New Bankruptcy Law Hits a Snag
By Peter Geier

Professor Alan Resnick comments on the difficulty created by a provision of the new bankruptcy law that requires debtors to undergo credit counseling prior to filing for personal bankruptcy.

Time Magazine March 13, 2006
One Life Inside Gitmo
By Adam Zagorin

Professor Eric Freedman is quoted in this article profiling the experience of a detainee at Guantanamo Bay.

National Public Radio March 13, 2006
Marketplace
Interview with Tess Vigeland

Professor Norman Silber comments in this interview about Consumerist.com's online contest for "Worst Company in America" and what it says about the prevalence of problems with American corporations.

The New York Times March 12, 2006
Politics and Law Form a Profitable Circle
By David Winzelberg

Professor Roy Simon comments in this article about the high correlation between law firms receiving work and fees from Long Island municipalities and making campaign contributions to political officials in those towns.

Salon.com March 8, 2006
Bush Withdraws Nominee
By Will Evans

Professor Monroe Freedman comments in this article about the White House's decision to withdraw judicial nominee James Payne, who has been plagued by an ethics controversy.

Los AngelesTimes March 8, 2006
Treaties Shouldn't Trump U.S. Law
By Julian Ku

Professor Ku contributes this editorial about the dangers of an expansive interpretation of international treaties that would give foreign national rights additional rights in a criminal trial.

The New York Sun March 8, 2006
Judge to Lawyer: Disclose Information on Wiretapping
By Joseph Goldstein

Professor Eric Freedman contributes to this article about the decision of a federal judge in Brooklyn to force a U.S. Department of Justice lawyer to disclose what he knows about government eavesdropping on terror suspects.

News March 7, 2006
Anti-Gay Policy Irks Schools
By Olivia Winslow and Matt Friedman

Professor and Vice Dean Marshall Tracht notes, in the wake of the U.S. Supreme Court's upholding the federal law that requires schools to allow military recruiters on campus or face a loss of federal funds, that the "military's policy is at odds with our basic policy of nondiscrimination."

Long Island Business News March 3, 2006
Compliance Officers Will Take Their Place in Legal Landscape
By Claude Solnik

Professor Julian Ku comments in this article about the growing trend, in the wake of Enron, for corporations to hire an in-house ethics (or compliance) officer.

February 2006

The Courier-Journal February 26, 2006
Ex-Judge to Answer His Critics At Own Trial
By Michael Lindenberger and Andrew Wolfson

Professor Monroe Freedman contributes to this article about the ethical implications of a prosecutor's sending an anonymous letter of complaint that led to the ouster of a judge from the bench.

Long Island Business News February 24, 2006
Hofstra University Law School to Begin Nation's Third Master's of Law Program
By Jeremy Harrell

Professor Herbie DiFonzo contributes to this article about Hofstra's new L.L.M. in Family Law, which will enroll students beginning in fall 2006.

Daily News (New York) February 22, 2006
Slay Jury Back After Odd Break for Vacation
By Richard Weir

Professor Alafair Burke contributes to this article about a judge's ruling in a criminal case to suspend deliberations for four days while a juror went on vacation. Burke noted some potential hazards - like the opportunity for the juror to speak to family members about the case or do outside research - of such a ruling, but thought it was nonetheless appropriate.

The San Francisco Chronicle February 16, 2006
Clemency Flap Puts Starr in Spotlight Again
By Bob Egelko

Professor Monroe Freedman contributes to this article about allegations that Kenneth Starr submitted documents as part of a clemency petition that were forged. Freedman noted that Starr acted "exactly appropriately" by withdrawing the documents after learning of the problems with them.

The New York Times February 15, 2006
Mayor Need Not Enforce Certain Laws, Court Rules
By Winnie Hu

Professor Eric Lane comments in this article about a recent ruling of New York's highest court that the Mayor of New York City need not enforce city laws that he deems illegal.

National Law Journal February 13, 2006
Redistricting to Test Justices
Marcia Coyle

Professor Grant Hayden contributes about a case before the Supreme Court involving Texas' mid-decade redistricting.

The New York Times February 9, 2006
Applications to Law Schools are Declining
By Jonathan D. Glater

Professor and Vice Dean Marshall Tracht comments in this article about the nationwide decline in law school applications this year, noting the cyclical nature of law school admissions.

NPR February 8, 2006
All Things Considered

Professor Eric Freedman was interviewed by NPR's Michele Norris about a case involving a naturalized American citizen being held as an enemy combatant in Iraq whom the U.S. government seeks to transfer to Iraqi custody.

New Jersey Law Journal February 6, 2006
Class Counsel in KPMG Case Seek to Sweeten Deal with Legal Fees
By Charles Toutant

Professor Roy Simon contributes to this article about ethical issues raised by a settlement offer that offers fees to lawyers who convince their clients to participate in the settlement and forego their individual claims.

January 2006

Salon.com January 31, 2006
Bush Judge Under Ethics Cloud
By Will Evans

Professor Monroe Freedman contributes to this article about the role conflicts of interest controversies play in judicial confirmation hearings.

News January 29, 2006
Proving Harassment is a Tough Road
By Neil Best

Professor Leon Friedman contributes to this article about Anucha Browne Sanders' chances of prevailing in a sexual harassment lawsuit against Isiah Thomas, president of the New York Knicks. Friedman noted that she might have a strong retaliation claim since she was fired after filing a complaint.

Long Island Business News January 27, 2006
2005's Top 10 Verdicts Smaller Than the Verdict in Corresponding Position Last Year
By Bill Ibelle and Jeremy Harrell

In this article about tort verdicts in the year 2005, Professor Lawrence Kessler questions the claim that fewer cases are going to trial than in previous years.

New York Law Journal January 26, 2006
Court Considers Tangled Set of Facts Related to 20-Year-Old Divorce Action
By Andrew Harris

Professor John DeWitt Gregory contributes to this article about a case in which the validity of a 1984 divorce figures prominently. The case, according to Gregory, is a "legal oddity," one that a "really maniacal law professor" might use as an exam question.

ABA Journal January 2006
Not So Fast: ABA Contends Proposed Habeas Legislation
Would Sacrifice Principles for Speed
By Rhonda McMillion

In this article about proposed steps to streamline habeas corpus proceedings in federal courts, Professor Eric Freedman notes his concern about the potential for unfairness to defendants and greater inaccuracy in the proceedings.

Fox News January 18, 2006
Interview with Sheppard Smith

Professor Mark Movsesian was interviewed about a New Hampshire abortion case currently pending before the Supreme Court.

New York Law Journal January 18, 2006
Making Law School Affordable for Child Advocates
By Andrew Schepard and Theo Liebmann

Professor Schepard and Clinical Professor Liebmann co-author this article about the barriers to legal education for child advocates and possible ways to eliminate them.

The Atlanta Journal-Constitution January 14, 2006
Specter Endorses Alito
By Scott Shepard

Professor Nora Demleitner comments in this article that U.S. Supreme Court nominee Samuel Alito "does not have a political agenda."

The New York Times January 12, 2006
Tripping Over Lobbyists at City Hall
By Joyce Purnick

Professor Eric Lane comments in this article about the potentially greater need for lobbyists that might result from the imposition of term limits on City Council members.

Miami Herald January 5, 2006
It Wasn't His Child, but Court Says He Must Pay
By Sara Olkon

Professor Joanna Grossman contributes to this article about the ruling of a Florida appellate court that a man must pay child support for his ex-wife's son, even though he successfully disestablished paternity.

New York Times January 5, 2006
An Outsider Gains a Seat as an Insider
By Joyce Purnick

Professor Eric Lane contributes to this article about the newly selected Christine C. Quinn as City Council speaker, the first woman and first gay person to hold the position.

The New York Times January 3, 2006
Awaiting Next Word in 17-Year-Old Murder Case
By Bruce Lambert

Professor Eric Freedman comments in this article about efforts to reopen a case in which a Long Island man, Martin Tankleff, was convicted of murdering his parents when he was in high school.

December 2005

FindLaw's Writ December 27, 2005
Paternity Misrepresentation
By Joanna L. Grossman

Professor Grossman authors this column about a recent decision by a Florida appellate court refusing to permit a man to disestablish paternity of his ex-wife's child because he waited too long to raise the issue.

Forbes Asia December 26, 2005
Sticker Shock: Why Warning Labels Can Be Useless
By Daniel Fisher

Dean Aaron Twerski contributes to this article about the potentially negative impact of products bearing too many warning labels.

The New York Times December 23, 2005
Little Help from Justices on Spy Program
By Adam Liptak

In this article about President Bush's authorization of domestic electronic surveillance, Professor Eric Freedman opines that "[n]o fair-minded person can read an authorization to use military force as authority to go off and do domestic spying."

New York Observer December 19, 2005
A Word on Behalf of Mature Politicians
By Niall Stanage

Professor Eric Lane contributes to this article about whether the New York City Council has the power to launch a referendum on term limits.

FindLaw's Writ December 13, 2005
New Developments in the Same-Sex Marriage Wars
By Joanna L. Grossman

Professor Grossman authors this column about the recent rejection of same-sex marriage by a New York appellate court and the recent acceptance of it by the South African Constitutional Court.

The New York Times December 4, 2005
Council Wants to Extend Term Limits
By Winnie Hu

In this article about the push to extend New York City Council term limits, Professor Eric Lane suggests that the Council's authority to propose such a measure to the voters is "highly questionable."

The New York Times December 2, 2005
Verdict in L.I. Rezoning Case Tests Towns' Authority
By Julia C. Mead

Professor Ronald Silverman contributes to this article about a recent case in Brookhaven, New York, in which a jury concluded that a rezoning constituted an unconstitutional taking of property without compensation.

Corporate Legal Times December 2005
In Brief

Professor Nora Demleitner participates in a written Q&A about the kind of Supreme Court justice Samuel Alito is likely to be.

Management Today December 2005
Love at Work

Professor Joanna Grossman contributes to this article about problems that can arise from office romance and the efforts by employers in the United Kingdom to regulate or restrict inter-office relationships.

November 2005

The Toronto Star November 30, 2005
Black Case Judge in Controversy
By Rick Westhead

Professor Monroe Freedman contributes to this article about whether a judge should recuse herself from a case because her father publicly commented on it.

News November 29, 2005
Brookhaven Loses Land Lawsuit
By Jennifer Smith

Professor Bernard Jacob comments in this article about a jury's verdict against the Town of Brookhaven, which was ordered to pay $1.6 million to compensate a developer for devaluation caused by rezoning.

The New York Times November 27, 2005
In Terror Cases, Administration Sets Own Rules
By Adam Liptak

Professor Eric Freedman comments, in an article about the treatment of detainees suspected of terrorist acts, that the "position of the executive branch is that it can be judge, jury and executioner."

Ventura County Star November 23, 2005
U.S. Terror Suspect, 4 Others Indicted on Federal Charges
By Mark Sherman

Professor Eric Freedman contributes to this article about the attorney general's decision to indict Jose Padilla, held for three years as an enemy combatant, on criminal charges. Freedman notes that the indictment was an effort "to avoid an adverse decision of the Supreme Court" about the legality of Padilla's detainment without charge.

The New York Times November 23, 2005
Still Searching for a Strategy
By Adam Liptak

Professor Eric Freedman contributes to this article about criminal charges brought against suspected terrorist Jose Padilla, who has been detained at Guantanamo Bay for the last three years.

National Law Journal November 21, 2005
Taking Combat Out of Custody
By Tresa Baldas

This article profiles the work of Professor Andrew Schepard in teaching attorneys how to handle high-conflict custody cases.

Legal Times November 21, 2005
Critics Seek More Scrutiny of Recusals
By Tony Mauro

In an article about judicial codes of conduct and recurring concerns about the standards for a judge's recusal in cases of conflicts of interest, Professor Monroe Freedman comments that the handling of recusals is "in complete disarray."

The San Francisco Chronicle November 20, 2005
Alito Ruling Gave Women Grounds for Asylum
By Bob Egelko

Professor Nora Demleitner contributes to this article about U.S. Supreme Court nominee Samuel Alito's rulings, while sitting as a federal appellate judge, in important political asylum cases.

The San Francisco Chronicle November 20, 2005
Alito's Record has Feminists Ready for Battle
By Bob Egelko

Professor Nora Demleitner, a former clerk to U.S. Supreme Court nominee Samuel Alito, defends his record on women's issues, arguing that in his rulings "there's definitely not an anti-woman agenda and definitely not an anti-feminist agenda."

News November 18, 2005
Senate Must Shed Light on Detainees' Rights Bill
By Eric M. Freedman

Professor Freedman contributes this editorial criticizing the U.S. Senate for "passing a stealth amendment to the Defense Department appropriations bill that barred the Guantanamo detainees from seeking review of the basis for their detentions."

FindLaw's Writ November 15, 2005
A Victory for Grandparents
By Joanna L. Grossman

Professor Grossman contributes this column about a recent ruling by the Ohio Supreme Court upholding its third-party visitation statute against a constitutional challenge.

Daily News November 10, 2005
DA Rice Offers Flavor After 30 Yrs.
By Richard Weir

Professor Eric Lane comments on the support newly elected Nassau County District Attorney Kathleen Rice received from running under Democrat Tom Suozzi, the incumbent county executive.

News November 10, 2005
Despite War Chest, Their Pitch Failed
By Errol A. Cockfield, Jr.

Professor Eric Lane notes the lack of energy put into "selling" a now-defeated ballot referendum that would have some budget powers from the governor to the legislature.

Pittsburgh Tribune Review November 5, 2005
Alito Favors Authority
By Jason Cato

Professor Nora Demleitner contributes to this article about U.S. Supreme Court nominee Samuel A. Alito, Jr., and his tendency to defer to government agencies and law enforcement when deciding cases.

Long Island Business News November 4, 2005
Nassau Lawyers Search for More Diversity
By Jeremy Harrell

Vice Dean and Professor Marshall Tracht contributes to this article about the lack of diversity among practicing lawyers in Nassau County, despite the fact that minority students comprise 25 percent of Hofstra Law School's student body.

FindLaw's Writ November 1, 2005
The Kansas Supreme Court Rights a Wrong
By Joanna L. Grossman

Professor Grossman contributes this column about the decision of the Kansas Supreme Court in State v. Limon, reversing Matthew Limon's statutory rape conviction because he was sentenced under a law that provided significantly greater prison time for homosexual rather than hetereosexual statutory rape.

New York Law Journal November 1, 2005
Bush Taps Third Circuit Judge to Replace Justice O'Connor
By T.R. Goldman

Professor Nora Demleitner, former law clerk to U.S. Supreme Court nominee Samuel Alito, comments that the appellation "Scalito" is inappropriate given the differences between Judge Alito's and Justice Scalia's judicial philosophies.

New York Law Journal November 1, 2005
The Family Law Education Reform Project
By Andrew Schepard

Professor Schepard contributes this column about the Family Law Education Reform Project, which revolves around answering this question: "Does the law school's family law curriculum adequately prepare future family lawyers for the challenges of practice?"

News November 1, 2005
Support for Alito in Region
By Curtis L. Taylor

Professor Mark Movsesian comments on U.S. Supreme Court nominee Samuel Alito, noting that he has earned "a certain level of credibility through the years by serving admirably in the legal mainstream ... without creating many enemies."

The Recorder November 1, 2005
Bush Answers Cry for Experience with Alito
By T.R. Goldman & Gina Passarella

Professor Nora Demleitner, a former clerk for U.S. Supreme Court nominee Samuel Alito, comments on his conservative, but non-originalist, judicial philosophy.

October 2005

The Daily Record October 31, 2005
Hofstra Univ. Professor Discusses a New Way of Handling High-Conflict Custody Cases
By Caryn Tamber

This article profiles Professor Andrew Schepard's work designing a system "for identifying and dealing with high-conflict custody cases" in Baltimore County.

Legal Times October 31, 2005
Martha, Donald, and 'The Apprentice' Tell Us the Awful Truth About Jobs in America
By Miriam A. Cherry

Visiting Professor Miriam Cherry contributes this article about the lessons to be learned from reality television about the American workplace.

The San Francisco Chronicle October 25, 2005
Bush Refuses to Hand Over Miers Documents
By Carolyn Lochhead

Professor Leon Friedman compares the troubled Supreme Court nomination of Harriet Miers to Nixon nominee Harold Wardwell, a federal judge whose nomination was rejected by the Senate.

FindLaw's Writ October 20, 2005
The Difference Between Recognizing a Same-Sex Marriage and Authorizing One
By Joanna L. Grossman

Professor Grossman contributes this column about a recent New York appellate case, Lagan v. St. Vincent's Hospital, in which the court refused to permit a man to sue for the wrongful death of his same-sex partner, with whom he had celebrated a Vermont civil union.

News October 16, 2005
Hofstra's New Law Dean: Belief in a Higher Court
By Olivia Winslow

This article provides an in-depth profile of Hofstra Law School's new dean, Aaron Twerski. Dean Twerski, a leading torts scholar, is the first Hasidic Jew to lead an American law school.

News October 12, 2005
Seeking Equality in the Legal System
By Joanna L. Grossman

Professor Grossman contributes this editorial about whether the gender of U.S. Supreme Court nominee Harriet Miers is likely to make a difference in her judging style or substance.

The New York Times October 11, 2005
The Senate Speaks Out on Torture
By Eric Freedman

Professor Freedman contributes this letter-to-the-editor noting that, in addition to coercively interrogating detainees at Guantanamo Bay, the U.S. government has "seized hundreds of people from around the globe, isolated them in secret cells and gave them no meaningful notice of what wrongs they are alleged to have committed or any serious opportunity to show that the allegations are wrong" despite a recent Supreme Court ruling calling for fair treatment of such prisoners.

News October 11, 2005
Courts in Fight Over Authority
By Jennifer Smith

Professor Andrew Schepard contributes to this article about a lawsuit against the Town of Babylon over the legality of its "adjudication bureau," set up to deal with violations of the town code.

FindLaw's Writ October 10, 2005
Does Gender Matter?
By Joanna L. Grossman

Professor Grossman contributes this column about the nomination of Harriet Miers to the Supreme Court and the role gender might play in her judging style and analysis.

The Washington Post October 8, 2005
The Right, on Fire Over Miers
By Colbert I. King

This article about the controversial nomination of Harriet Miers to the U.S. Supreme Court quotes Professor Leon Friedman about the relatively limited role of the Court in affecting American law and policy.

Corporate Legal Times
Religious Disputes Heat Up in the Workplace
By Keith Ecker

Professor Robin Charlow explains the concept of "reasonable accommodation" in this article about cases involving religious discrimination in the workplace.

September 2005

FindLaw's Writ September 20, 2005
When a Supervisor Bullies Only Women, Is it Sex-Based Harassment?
By Joanna L. Grossman

Professor Grossman contributes this column about a recent decision of the California Supreme Court holding that when a supervisor bullies only women, even if the conduct has no sexual or gender content, it can constitute illegal sex-based harassment.

The New York Times September 18, 2005
Hofstra's Law Dean Stands Out, but Still Fits In
By Marcelle S. Fischler

This article profiles Hofstra's new dean, Aaron Twerski, who, among other unique qualities, is the nation's first Hasidic law dean.

Daily Bankruptcy Review September 16, 2005
Bankruptcy Law Changes Could Swamp Small Gulf Coast Firms
By Patrick Fitzgerald

Professor Alan Resnick comments in this article about the difficulties small businesses affected by recent hurricanes may face because of the new bankruptcy law, which makes it harder for them to reorganize under Chapter 11.

New York Law Journal September 14, 2005
Law and Children: Statutes to Prevent Child Abduction
By Andrew Schepard

Professor Schepard contributes this column describing and analyzing key provisions of the recently proposed Uniform Child Abduction Prevention Act.

National Law Journal September 12, 2005
Web Surfing Through Torts
By Leigh Jones

Legal Writing Professor Amy Stein is quoted in this article about the pedagogical difficulties sometimes raised by classroom technology such as wireless Internet access.

National Law Journal September 12, 2005
Bankruptcy Bar Braces for Impact of New Code
By Peter Geier

Professor Alan Resnick contributes to this article about the steep learning curve for lawyers as the new bankruptcy bill, which is over 500-pages long, takes effect.

FindLaw's Writ September 6, 2005
A Child Can Have Two Mothers
By Joanna L. Grossman

Professor Grossman contributes this column about the rulings in three cases handed down by the California Supreme Court in a single day, which, together, make clear that a child can have two legal mothers.

New York Law Journal September 6, 2005
Wide Range of Queries for High Court Nominee
By John Caher

Professor Andrew Schepard contributes a question about the importance of parental rights to the list of questions readers would like asked of Supreme Court nominee John Roberts during his confirmation hearings.

The National Law Journal September 5, 2005
Bankruptcy Bar Braces for Impact of New Code
By Peter Geier

Professor Alan Resnick, co-editor-in-chief of Collier on Bankruptcy, comments in this article about the impact the new bankruptcy bill will have on lawyers as they begin working under the new rules.

News September 5, 2005
Rehnquist Dies, What's Next?
By Timothy M. Phelps

Professor Mark Movsesian notes, in this article about the recent death of Chief Justice William H. Rehnquist, that this is a "historic moment and an opportunity for the president to solidify a certain kind of conservatism on the court."

The New York Times September 4, 2005
Students' New Test Subject: Their Breath
By Debra Morgenstern Katz

Professor Alafair Burke comments on the legality of an increasingly common practice at Long Island high schools: administering routine breathalyzer tests to students at school and at school functions to deter alcohol use and abuse.

The New York Times September 4, 2005
All Her Life Has Been a Mystery
By Debra Morgenstern Katz

This article profiles Professor Alafair Burke, a three-time novelist who has followed in the famous footsteps of her father, crime-writer James Lee Burke.

Long Island Business News September 2, 2005
Alternatives Drive Drop Off in Tort Trials
By Ken Schachter

In this article about the disappearing federal tort trial, Dean Aaron Twerski notes the influence of Daubert v. Merrell Dow, a 1993 Supreme Court decision that has made it easier for judges to exclude expert witnesses.

August 2005

Daily News (New York) August 28, 2005

Newly installed Dean Aaron Twerski is profiled in this article, which notes that, in addition to his many accomplishments in law and academia, he is an ordained rabbi.

News August 27, 2005
Apology's Sway on Death Penalty Case
By Samuel Bruchey

Professor of Legal Writing Barbara Barron comments in this article about the role a convicted murderer's apology will likely play in his sentencing hearing.

The New York Times August 21, 2005
The Ethicist
By Randy Cohen

Professor Joanna Grossman contributes to this column with a legal analysis of a yoga certification association's policy of refusing to certify women as yoga instructors during pregnancy.

Times-Picayune (New Orleans) August 21, 2005
Wrongfully Convicted Get Ally on Bench
By Susan Finch

In this article, Professor Eric Freedman applauds a resolution passed by the Conference of Chief Justices that supports efforts by judges and other public agencies to prevent and remedy wrongful convictions.

Long Island Business News August 19, 2005
New York Considers Giving Jurors a More Active Role
By Claude Solni

Professor Robin Charlow comments in this article about potential downsides of permitting jurors to take notes and ask questions during trial testimony.

Long Island Business News August 19, 2005
Stressed-out, Overworked Lawyers Lead to Disciplinary Actions by State Bar
By Claude Solnik

Professor Robin Charlow suggests some explanations for lawyers' careless mistakes - stress and overwork among them -- that lead to disciplinary actions by the state bar.

News August 18, 2005
Roberts Meeting 'Illegal'
By Tom Brune

Professor Monroe Freedman concurs with other legal ethics professors in this article that U.S. Supreme Court nominee John Roberts probably "broke the law" by interviewing with President George Bush for a possible seat on the Supreme Court while a case involving a challenge to the president's military tribunals was pending before his court.

The Washington Post August 17, 2005
Judge Heard Terrorism Case as He Interviewed for Seat
By Jim Vandehei

Professor Monroe Freedman contributes to this article about the propriety of John Roberts continuing to preside over a terrorism case, in which President Bush had a significant stake, while interviewing with the president for a possible seat on the U.S. Supreme Court.

Legal Times August 15, 2005
Roberts Exits ABA Case in D.C. Circuit
By Lily Henning

Professor Monroe Freedman comments in this article about why U.S. Supreme Court nominee John Roberts recused himself from a case involving the American Bar Association, which recently gave Roberts its highest "well-qualified" ranking.

New York Law Journal August 15, 2005
Under Cardozo, Law Department Strives for a Big-Firm Image
By Daniel Wise

Professor Eric Lane criticizes N.Y. Corporation Counsel Michael Cardozo in this article for seeing "his job as being the mayor's lawyer as opposed to being the city's lawyer."

ABA Journal eReport August 12, 2005
Domestic Partner Gets Married-Couple Privileges
By David L. Hudson, Jr.

Professor Joanna Grossman comments in this article about the significance of a recent California case holding that a country club must grant spousal privileges to the registered same-sex domestic partner of one of its members in order to comply with the state's anti-discrimination laws.

The Providence Journal August 7, 2005
Like Father, Like Daughter
By Sam Coale

This article reviews Professor Alafair Burke's third novel, Close Case, and notes the plot that "dazzles and tantalizes."

The Oregonian August 5, 2005
Tales from Two Cities
By Jeff Baker

This article profiles Professor Alafair Burke, who has just published her third novel featuring Portland-based prosecutor Samantha Kincaid.

FindLaw's Writ August 9, 2005
Is a Domestic Partnership the Same as a Marriage?
By Joanna L. Grossman

Professor Joanna Grossman contributes this column about two recent California cases holding, together, that while a domestic partnership is not a "marriage," a "domestic partner" is for some purposes a "spouse."

New York Law Journal August 15, 2005
Under Cardozo, Law Department Strives for a Big-Firm Image
By Daniel Wise

Professor Eric Lane criticizes N.Y. Corporation Counsel Michael Cardozo in this article for seeing "his job as being the mayor's lawyer as opposed to being the city's lawyer."

ABA Journal eReport August 12, 2005
Domestic Partner Gets Married-Couple Privileges
By David L. Hudson, Jr.

Professor Joanna Grossman comments in this article about the significance of a recent California case holding that a country club must grant spousal privileges to the registered same-sex domestic partner of one of its members in order to comply with the state's anti-discrimination laws.

The Providence Journal August 7, 2005
Like Father, Like Daughter
By Sam Coale

This article reviews Professor Alafair Burke's third novel, Close Case, and notes the plot that "dazzles and tantalizes."

The Oregonian August 5, 2005
Tales from Two Cities
By Jeff Baker

This article profiles Professor Alafair Burke, who has just published her third novel featuring Portland-based prosecutor Samantha Kincaid.

FindLaw's Writ August 9, 2005
Is a Domestic Partnership the Same as a Marriage?
By Joanna L. Grossman

Professor Joanna Grossman contributes this column about two recent California cases holding, together, that while a domestic partnership is not a "marriage," a "domestic partner" is for some purposes a "spouse."
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