July 2007

Newsday July 31, 2007
Legal Experts Aren’t Backing Senators’ Call

Professor Eric Lane is quoted in this article about the controversial question whether to name NY Attorney General Andrew Cuomo as special prosecutor to investigate alleged wrongdoing in the ongoing conflict between Governor Eliot Spitzer and State Senate Majority Leader Joseph Bruno.

The New York Times July 27, 2007
Ethics Commission Begins Review of Spitzer’s Office
By Danny Hakim

Professor Eric Lane contributes to this article about the Ethics Commission review of alleged wrongdoing by Governor Eliot Spitzer in efforts to discredit a political rival, Senate Majority Leader Joseph Bruno.

The Tennessean July 22, 2007
Dads Pay Support for Other Men’s Kids
By Melvin Claxton and Sheila Burke

Professor Joanna Grossman contributes to this article about men who are subject to child support orders despite DNA evidence that disproves paternity.

Newsday July 24, 2007
The Plot Against Bruno: Black Eye for Spitzer
By James T. Madore

Professor Eric Lane comments in this article about the conflict between Governor Eliot Spitzer and political rival Joseph Bruno.

The Denver Post July 22, 2007
Trashing the Truth, Destruction of Evidence
By Susan Greene & Miles Moffeit

Professor Eric Freedman comments in this article about disappearing DNA evidence. As Freedman noted, “[p]rosecutors have a strong incentive to preserve their convictions to get elected or re-elected. That leads to institutional pressure to get samples destroyed while the destroying is good.”

The San Francisco Chronicle July 22, 2007
FEMA Lawyers’ Ethics Doubted in Trailers Mess
By Bob Egelko

Professor Monroe Freedman comments in this article about allegations that FEMA covered up health hazards in government-supplied trailers for hurricane victims and that the agency’s counsel advised against safety testing. If this is true, Freedman concluded, “these lawyers should be disbarred or incompetence. They should also be held liable civilly for complicity in whatever harm was suffered by the residents of the trailers after their knowledge of the severe health risks.”

The Courier-Journal July 9, 2007
Lawyers Debate ‘Squeal Rules’
By Andrew Wolfson

Professor Monroe Freedman comments in this article about the decision by the Kentucky Bar Association not to adopt a rule requiring lawyers to report misconduct of other lawyers and judges. “The notion that it is wrong to report misconduct may be an appropriate ethic for the schoolyard or the gutter, but it’s not worthy of those who claim to be professionals,” Freedman observed.

Daily News (New York) July 6, 2007
It Has Never Been This Bad
By Elizabeth Benjamin

Professor Eric Lane contributes to this article about the feud between Governor Eliot Spitzer and State Senate Majority Leader Joe Bruno, the latest installment of which concerns Bruno’s alleged misuse of state helicopters to attend GOP fundraisers. “There has never been anything like this,” Lane observed.

Inter Press Service July 3, 2007
Supreme Court Ruling Paves Way for Death Sentences
By Srabani Roy

Professor Eric Freedman contributes to this article about a recent case in which the Supreme Court upheld the disqualification of a juror who expressed doubts about the death penalty. Because this ruling increases the likelihood that future juries will sentence offenders to death, Freedman predicts a “boomerang” effect. “The impact of this Supreme Court decision is self-defeating. If prosecutors were to press this case, they would convict more innocent people. And then if that were revealed, it would invalidate the death penalty.”

June 2007

Canadian Press Wire June 29, 2007
U.S. Supreme Court to Review Legitimacy of Guantanamo Detainees’ Captivity

Professor Eric Freedman contributes to this article about the U.S. Supreme Court’s decision to review a case about whether detainees can the civilian court system to challenge their confinement. “This is a stunning victory for the detainees,” observed Freedman, who has advised Guantanamo detainees about their rights. “It goes well beyond what we asked for, and clearly indicates the unease [at the Supreme Court.]”

Voice of America News June 29, 2007
U.S. Supreme Court Agrees to Hear Guantanamo Detainee Appeal

Professor Eric Freedman contributes to this article about a pending appeal by Guantanamo detainees seeking to challenge their confinement. The Supreme Court’s decision to review the case is, according to Freedman, “a huge step forward for the detainees, and a serious, serious setback for the government’s efforts to do anything except allow the independent judicial review which is at the bedrock of the separation of powers.”

Newsday June 22, 2007
Bar is Raised for Fraud Suits
By Susan Harrigan

Professor Ronald Colombo contributes to this article about a Supreme Court decision raising the bar for bring securities fraud lawsuits. Colombo described the decision as “mildly pro-defendant” since it will make it easier for defendants to win on a motion to dismiss in securities fraud cases.

Boston Globe June 22, 2007
Gay-Marriage Mecca? Massachusetts is More Laboratory than Launching Pad
By Ellen Goodman

Professor Joanna Grossman contributes to this article about the possibility that Massachusetts might repeal its law preventing non-resident same-sex couples from marrying in Massachusetts and the likely effect on other states. As Grossman observes, “There’s nothing much one state can do to change the national landscape.”

Christian Science Monitor June 19, 2007
Is Justice Also Served for the Rich and Famous?
By Daniel B. Wood

Professor Alafair Burke contributes to this article about whether celebrities who have run-ins with the laws are treated just like everyone else, a topic in the news because of Paris Hilton’s recent stint in jail for a probation violation. “Celebs have it easier on the front end. They have better access to quality representation, jurors are enamored, and so on,” Burke observes, but “once they’re convicted, they’re arguably treated worse because the sentencing judge, aware that a celebrity-obsessed culture is watching, doesn’t want to look soft.”

The New York Times June 13, 2007
The Line Between Citizen and Soldier
By Adam Liptak

Professor Eric Freedman contributes to this article about a recent decision by the Fourth Circuit Court of Appeals, which refused to permit the United States to designate lawful U.S. residents as “unlawful enemy combatants” based on suspected affiliation with Al Qaeda or the Taliban.

The New York Times June 9, 2007
Court Ruling Expected to Spur Convictions in Capital Cases
By Adam Liptak

Professor Eric Freedman contributes to this article about the U.S. Supreme Court’s recent ruling to permit prosecutors to exclude jurors who express reservations about the death penalty. Because support for the death penalty drops to only 50% of the population when life-without-parole is an alternative, this ruling means that half the population could be excluded from service on capital juries, and the jurors selected will be considerably more likely to sentence defendants to death. As Freedman observes, “We may have a line of jurisprudence that is at war with itself. You can’t simultaneously keep expanding the bounds of death qualification [for jurors] and almost manifest a special concern for innocence in capital cases. As a brute matter of statistics, the farther you go in death qualification, the more wrongful convictions you will get.”

May 2007

The New York Times May 27, 2007
Bill Would Make Offenders Share Probation Costs
By Linda Saslow

Interim Dean and Professor Nora Demleitner is quoted in this article about the “unfair and impractical” bill currently pending before the New York State Assembly to charge people on probation a monthly fee to cover costs related to their probation.

The New York Times May 15, 2007
Guantanamo Detainees’ Suit Challenges Fairness of Military’s Repeat Hearings
By William Glaberson

Professor Eric Freedman contributes to this article about how the U.S. military decides whether Guantanamo detainees qualify for enemy-combatant status, an issue currently before a federal appellate court in Washington. The current system, Freedman argues, is “designed to validate the holding of everyone they are now holding.”

Long Island Business News May 11, 2007
More LI Judges Are retiring Their Robes for Private Work
By Claude Son

Professors Roy Simon and Eric Lane both contribute to this article about the trend of judges retiring from the bench to pursue opportunities in private practice.

Financial Times May 9, 2007
Grasso Wins Latest Round in Pay Battle
By Ben White

Professor Norman Silber contributes to this article about a ruling from a New York appellate court dismissing four of the six causes of action filed against the former NYSE chairman to get back some of the nearly $140 million payment he received when he left. Predicting that New York attorney general Andrew Cuomo would have good luck with an appeal, Silber noted that this “decision takes a view which is at odds with current cultural opposition to letting non-profits get away with financial misdeeds.”

Newsday May 3, 2007
Old Law Causes New Struggle
By Rhoda Amon

Professor Herbie DiFonzo contributes to this article about the dire straits of a woman who hasn’t been able to get a divorce from her missing husband under New York’s strict law, a conundrum that complicates her ability to get Medicaid assistance for her child with cancer.

Library Journal May 1, 2007
Q&A: Alafair Burke
By Stacy Alesi

This Q&A profiles Professor Alafair Burke, whose fourth crime novel, Dead Connection, will be published in July.

Library Journal Reviews May 1, 2007
Dead Connection
By Stacy Alesi

This article reviews Professor Alafair Burke’s forthcoming crime novel, Dead Connection. As the author concludes, “[t]his stunning thriller ends with a tantalizing glimpse into what is sure to be a highly anticipated sequel.”

April 2007

Kiplinger’s April 25, 2007
Five Ways to Avoid Anna Nicole’s Estate Drama
By Jane Bennett Clark

Professor Joanna Grossman comments in this article about the lessons learned from Anna Nicole Smith’s life and death about the need to take do estate planning.

Long Island Business News April 20, 2007
Securities and Legal Experts: CA Will Settle Wang Dispute
By Ross Daly

Professor Ronald Colombo comments in this article about efforts by Computer Associates to recoup some of the compensation paid its former top executive, Charles Wang.

Long Island Business News April 20, 2007
Ones to Watch: Long Island Colleges and Universities
By Claude Son

This article briefly profiles Interim Dean Nora Demleitner, who assumed the deanship of Hofstra Law School in March.

Newsday April 17, 2007
Judge Delays Divorce Ruling for No-Fault Bill
By Katie Thomas

Professor Andrew Schepard comments in this article about a recent published opinion in which a New York trial judge refused to issue a ruling in a contested divorce until the legislature acts on a no-fault bill that is currently pending.  New York is infamous for its tough divorce laws, but Schepard calls this judge’s approach “unprecedented”.

US States News April 11, 2007
Hearing Exposes Abusive Credit Card Practices That Are Driving Up Debt for New York Consumers

This article reports on a recent hearing on the abusive practices by credit card companies, which was held at Hofstra University and included testimony by Professor Norman Silber testified.

March 2007

Newsday March 29, 2007
Pols Try to Ban Camera
By Stacey Altherr

Professor Eric Freedman comments in this article about a recent dispute over taping at public meetings of Smithtown’s Town Board.

The New York Times March 24, 2007
Lawyers’ Payday in Diet-Pill Case is Called Fraud
By Adam Liptak

Professor Monroe Freedman comments in this article on the suspension of three lawyers involved in litigation over Fen-Phen, noting that “the conduct disclosed to date was egregious.”

Newsday March 14, 2007
MTV to YouTube: Hands Off Our Clips
By James Bernstein

Professor Leon Friedman contributes to this article about a lawsuit MTV’s parent company filed against YouTube for alleged “massive intentional” copyright infringement. Friedman notes that this is a “major copyright case.”

Knight Ridder Washington Bureau March 9, 2007
Firing of U.S. Attorneys May Be ‘Enormously Problematic’ for Republicans
By Ron Hutcheson

Professor Monroe Freedman contributes to this article about the enormous controversy between the Bush Administration’s firing eight U.S. Attorneys, allegedly for political purposes.

Long Island Business News March 9, 2007
Long Island Legal Briefs
By Ross Daly

This article profiles Interim Dean and Professor Nora Demleitner, the first female dean of Hofstra Law School.

Newsday March 6, 2007
Trial Could Be a Spellbinder
By Jennifer Sinco Kelleher

Professor Eric Freedman contributes to this article about the lawsuit filed by an elementary school teacher who claims she was fired because her colleagues mistakenly believed she was a witch.

February 2007

The New York Times February 25, 2007
Court Urges Review of New York Judge’s Immigration Cases That Are on Appeal
By Ray Rivera

Clinical Professor Lauris Wren comments about the recommendation by a federal appeals court that a Justice Department appeals board review all immigration cases involving a particular judge who is allegedly hostile to asylum-seekers. Wren suggested that the court was “scapegoating Judge Chase instead of addressing” systemic problems.

The New York Times February 7, 2007
Fight Over Pay Causes Some Judges to Sit Out cases Involving Legislator-Lawyers
By Sam Roberts

Professor Monroe Freedman contributes to this article about possible conflicts of interest triggered by the lawsuit brought by New York state judge against the legislature for pay raises. Judges who have recused themselves from cases involving legislators or their law firms are, according to Professor Freedman, correct in doing so.

St. Petersburg Times February 6, 2007
Liberian Torture Case Traces Back to Orlando
By Carrie Weimar

Professor Julian Ku contributes to this article about the first man prosecuted under a 1994 law that prohibits a U.S. citizen from committing an act of torture abroad. The case is important, according to Professor Ku, because it raises questions about the definition of torture that might be applied to U.S. agents who interrogate prisoners in foreign countries.

The Journal News (Westchester County, NY) February 5, 2007
Defense Bids to Avert Death Penalty in Bonistall Slaying
By Jonathan Bandler

Professor Eric Freedman contributes to this article about a capital case that might test the constitutionality of sentencing a mentally ill defendant to death. This is, according to Professor Freedman, a “next-wave issue” for the Supreme Court in the death penalty debate.

January 2007

Newsday January 31, 2007
Tenant Group in Court Over Rent Hikes
By Sid Cassese

Reza Rezvani, supervising attorney in Hofstra Law School’s Housing Rights Clinic, contributes to this article about a lawsuit challenging recent rent hikes approved by Nassau County’s rent guidelines board. A judge last fall found these hikes to be improper, but, pending appeal, the raised rents have remained the same. As Rezvani points out, “[l]andlords all across the county have been collecting rents they shouldn’t. And a lot of these people are on fixed incomes – and are paying these invalid rents instead of buying needed food or medicine.”

Israel Faxx January 29, 2007
Carter: Too Many Jews on Holocaust Council

Professor Monroe Freedman states in this article that former President Jimmy Carter returned a 1980 memo, which contained recommendations for members of the Holocaust Memorial Council board, with a notation at the top: “too many jews.” Professor Freedman says he was “outraged” by this comment because he felt it was appropriate to assemble a primarily Jewish board for the task of memorializing the Holocaust.

Los Angeles Times January 30, 2007
Habeas Corpus and an Era of Limits
David G. Savage

Professor Eric Freedman contributes to this article about Attorney General Alberto Gonzalez’ controversial statement to Congress that the Constitution does not specifically grant individuals the right to habeas corpus. “He is completely wrong on the history,” Professor Freedman noted.

Sun-Sentinel (Florida) January 25, 2007
Padilla Lawyers Scolded for Leak
By Vanessa Blum

Professor Bernard Jacob contributes to this article an evidence leak in the trial of accused terrorist Jose Padilla. Defense lawyers were admonished by the trial judge in the case for leaking secret evidence to a reporter for the New York Times. Noting that judges try to limit such leaks, Professor Jacob explained that the “purpose really it to prevent trial outside the trial.”

Arkansas Democrat-Gazette January 21, 2007
Murder-Case Appeal Centers on Coroner Judge
By Charlie Frago

Professor Eric Freedman contributes to this article about a murder trial in which one of the jurors had helped moved the victims’ bodies, orchestrated the funeral for one victim, to whom he was distantly related. These conflicts raise questions about whether the defendant received a fair trial as required by the Sixth Amendment of the Constitution.

December 2006

Long Island Business News December 8, 2006
Hofstra Law School Dean to Organize 9/11 Cleanup Workers’ Respiratory Illness Suits

This article announces the appointment of Dean Aaron Twerski as special master to oversee lawsuits arising from the 9/11 cleanup.

The New York Times December 3, 2006
Trash Law is Meant to Deter Identity Theft
By Linda Saslow

Professor Alafair Burke contributes to this article about whether a new Lake Grove village ordinance that makes it a crime to rummage through someone else’s garbage could be enforced against the police.

November 2006

Lawyers USA November 20, 2006
N.J. Ruling Boosts Gay Couples’ Marriage Rights
By Nora Lockwood

Professor Linda McClain comments in this article about the recent ruling of the New Jersey Supreme Court in which it held that the state must provide the benefits of marriage, though not necessarily marriage itself, to same-sex couples. As McClain predicted in the article, New Jersey has since adopted a civil union law rather than making marriage available to same-sex couples.

The Kansas City Star November 15, 2006
Case Stirs a Dispute on Torture
By Scott Canon & Rick Montgomery

Professor Julian Ku comments in this article about a lawsuit filed in Germany that attempts to hold Donald Rumsfeld, among other U.S. officials, accountable for war crimes that allegedly occurred at Abu Graib and Guantanamo Bay. “There’s a case to be made,” Ku commented, “I just don’t think it’s very strong.”

Newsday November 11, 2006
Court: Trash is Not Private
By Jennifer Barrios

Professor Alafair Burke comments in this article about whether police could continue to search residential trash in the wake of a Lake Grove village ordinance declaring it to be private property.

Newsday November 11, 2006
Hands Off Garbage
By Jennifer Barrios

Professor Alafair Burke comments in this article about a new Lake Grove village ordinance that tries to deter identity theft by privatizing garbage.

Newsday November 3, 2006
Housing Bias Case Settlement
By Bart Jones

Professor Stefan Krieger reports in this article about the settlement reached in the discrimination case brought by Latino tenants, represented by the Hofstra Law School Housing Clinic, against the owner of Fairfield Properties.

Journal Record (Oklahoma City, Oklahoma) November 2, 2006
New York Weighs Tough New Lawyer Advertising Rules
By Dick Dahl

Professor Roy Simon comments in this article about changes to the New York attorney disciplinary rules that place greater restrictions on lawyer advertising.

October 2006

Austin American-Statesman October 29, 2006
Supreme Court May Be Headed Toward Raising Standards
By Chuck Lindell

Professor Eric Freedman contributes to this article about a trend U.S. Supreme Court cases toward requiring effective death penalty representation at all levels, including during the habeas process.

Austin American-Statesman October 29, 2006
Sloppy Lawyers Failing Clients on Death Row
By Chuck Lindell

Professor Eric Freedman contributes to this article about problems in Texas with effective death penalty representation.

Newsday October 29, 2006
GOP Has the Power, but not the People
By Richard K. Neumann, Jr.

Professor Neumann contributes this editorial about the startling number of elections in recent history in which the Republicans have lost the popular vote but gained power relative to the Democrats in legislative bodies.

The News Journal (Wilmington, Delaware) October 28, 2006
Professor: Public Defenders Need Help
By Esteban Parra and Lee Williams

This article notes a speech by Professor Monroe Freedman in which he urged public defenders to stop accepting new cases when their workloads become taxing. “No matter how good you are,” Freedman implored, “you cannot give competent representation if you are burdened by an overload.” 

Professor Joanna Grossman contributes to this article about the ruling of the New Jersey Supreme Court in Lewis v. Harris, in which it held that the legislature must provide same-sex couples with the benefits of marriage.

The Daily Athenaeum October 23, 2006
West Virginia U. Experts Weigh in on Habeas Corpus Decision
By Gary A. Harki

Professor Eric Freedman comments in this article about the Military Commissions Act of 2006, which, among other things, suspends the right of habeas corpus for those deemed “enemy combatants” of the U.S.

Los Angeles Times October 18, 2006
Law’s Reach Extends to Jails in U.S.
By David G. Savage

Professor Eric Freedman comments in this article about a new law governing military tribunals, which suspends habeas corpus rights for non-citizens declared “enemy combatants” of the U.S. “This is an outright slap at the Supreme Court, and it is heading for invalidation,” Freedman noted.

Newsday October 17, 2006
Defendant’s Disadvantage
By Stacey Altherr

Professor Eric Freedman comments in this article about whether the defendant suffers when a judge sends a non-unanimous jury back for further deliberations. The Supreme Court has long upheld the constitutionality of this practice, despite what Freedman describes as a “pro-prosecution” bias.

The Washington Post October 13, 2006
Charge of Treason Difficult to Prove
By Dan Eggen

Professor Leon Friedman comments in this article about the decision to charge an alleged al-Qaeda propagandist, Adam Gadahn, with treason. “The only time we’ve used treason in the past is in cases that resemble a traditional war,” Friedman cautioned; “We don’t want the treason charge thrown around indiscriminately.”

TIME October 9, 2006
Letting the President Say
By Michael Duffy

Professor Eric Freedman contributes to this article about a new bill that would permit President Bush define who is an enemy combatant and that also denies detainees at Guantanamo Bay the right. 

The New York Times October 7, 2006
A Pledge to Hofstra Caught in Controversy
By Valerie Cotsalas

Professor Stefan Krieger is interviewed for this article about a lawsuit filed by Hofstra Law School’s housing rights clinic on behalf of tenants of an apartment complex owned by a member of the Hofstra University Board of Trustees.

The New York Times October 1, 2006
New Trial for Woman in 1981 Brink’s Case is Reopening Old Wounds
By Lisa W. Foderaro

Professor Leon Friedman is interviewed for this article about a new trial for a woman, Judith Clark, involved in the famous Vietnam-era Brink’s holdup that left two police officers and a Brink’s guard dead. Clark’s conviction was recently overturned because she lacked effective counsel at her 1983 trial, and Professor Friedman is one of her lawyers for the new trial that was ordered.

September 2006

The Post and Courier (Charleston, SC) September 30, 2006
Hanahan Case Draws Attention to Morals Law
By Nita Birmingham

Professor Joanna Grossman contributes to this article about the validity of a law criminalizing fornication in light of the Supreme Court’s 2003 ruling in Lawrence v. Texas, which struck down Texas’ law criminalizing same-sex sodomy on due process grounds.

Christian Science Monitor September 27, 2006
A Last Hurdle for Bill on Detainees
By Gail Russell Chaddock

Professor Eric Freedman contributes to this article about Congress’ push for new legislation governing the rights of Guantanamo Bay detainees.

Newsday September 25, 2006
Letter to the Editor
By Eric M. Freedman

Professor Freedman criticizes current legislative proposals to strip Guantanamo Bay detainees of the habeas corpus right to challenge their detention.

The New York Times September 23, 2006
Detainee Deal Comes with Contradictions
By Adam Liptak

In this article about a compromise reached between Congressional Republicans and the White House on the detention and trial of terror suspects, Professor Eric Freedman noted that the “only thing that was actually accomplished was that the politicians got to announce the existence of a compromise. But in fact, most of the critical issues were not resolved.”

The New York Times September 19, 2006
Letter to the Editor
By Eric M. Freedman

Professor Freedman criticizes Congress’ plan to strip suspected terrorist detainees of their right to challenge the legitimacy of their detention. “The fact is that executive authorities do err. That is why checks and balances, and in particular the great writ of habeas corpus, exist.”

Star Tribune (Minneapolis, MN) September 14, 2006
Tough TV
By Gail Rosenblum

Professor Andrew Schepard contributes to this article about possible alternatives to high-conflict divorce proceedings.

August 2006

Long Island Business News August 25, 2006
Long Island Legal Briefs
By Jeremy Harrell

Dean Aaron Twerski is interviewed in this article about Hofstra Law School’s new securities arbitration clinic and its new community and economic development clinic, which give students additional opportunities to develop legal skills while still in law school.

Pioneer Press (St. Paul, MN) August 21, 2006
Suit Seeking Priest Names Faces Battle
By Kevin Harter

Professor Leon Friedman contributes to this article about a lawsuit filed by a Wisconsin family seeking the names of priests accused of child molestation. Friedman notes that “it will be very difficult for them to get any information at all from the church on a legal basis.”

Lawyers USA August 14, 2006
New York Weighs Tough New Lawyer Advertising Rules
By Dick Dahl

Professor Roy Simon contributes to this article about proposed new disciplinary rules designed to curtail lawyer advertising.

Long Island Business News August 11, 2006
Long Island Legal Briefs
By Jeremy Harrell

Professor James Hickey contributes to this article about a group of touring Russian judges who ended their visit at Hofstra Law School, an outgrowth of a long-nurtured relationship between the law school and Russian legal professionals.