October 2008

Newsday, October 29, 2008
Black Long Islanders see history in Obama’s candidacy
By Martin C. Evans

John DeWitt Gregory, Sidney and Walter Siben Distinguished Professor of Family Law, weighs in on Senator Barack Obama’s historic candidacy. “Obama’s candidacy is almost incomprehensible to many older black people, whose encounters with racial barriers left them believing the presidency would always remain beyond the reach of the black community,” said Gregory. He added, “For people of my generation, whether you grew up in the South or the North, it was unthinkable that a black person would ever be president.”

The New York Times, October 25, 2008
Council Gets a Charge From Vote on Term Limits
By David W. Chen

Eric Lane, Eric J. Schmertz Distinguished Professor of Public Law and Public Service, weighs in on New York City’s legislative branch and the term-limit vote in favor of the mayor’s bill. “Hopefully this will reawaken in them the opportunity to have real debate, and not be a rubber stamp for what the mayor says,” said Lane.

The Virginia-Pilot, October 21, 2008
Blackwater suit to stay in arbitration, court rules
By Louis Hansen

Scott Horton, Distinguished Visiting Professor of Law, comments on the case of Blackwater Worldwide and four guards who were ambushed and killed in Fallujah, west of Baghdad, in March 2004. Blackwater Worldwide decided to handle the dispute privately. Horton said “the ruling will be beneficial to Blackwater and other contractors. The confidential hearings protect the company’s reputation and the settlements are generally smaller.”

Newsday, October 20, 2008
Immigration absent in presidential race
By Dave Marcus

Lauris Wren, Associate Clinical Professor and Attorney-in-Charge of the Political Asylum Clinic, discusses the immigrant population issue in the country. In response to McCain and Obama voting for a fence on the Mexican border that will cost roughly $2.2 billion or about $3.2 million per mile, “You’re not going to secure the borders,” Wren states. “The question is how we deal with people who are already in the country,” she added.

Los Angeles Times, October 18, 2008
Financial boom, financial bust: What happened?
By Eric Lane and Michael Oreskes

Eric Lane, Eric J. Schmertz Distinguished Professor of Public Law and Public Service, weighs in on Alan Greenspan, former chairman of the Federal Reserve, and the unfolding story of the current economic crisis.

New York Law Journal, October 17, 2008
Law School Clinics brace for Investor Claims
By Pamela MacLean

Curtis Pew, Associate Clinical Professor and Attorney-in-Charge, Securities Arbitration Clinic, talks about how Hofstra Law School’s Securities Arbitration Clinic is expecting an increase in cases as the effects of the financial crisis hit Long Island. “Our clients are newly worried over the ability of the brokerage firms, against whom they have claims, to survive,” said Pew. He adds, “The financial problem I expect to be most confronted with will be investments made for retirements and now the inability to have enough income.”

Newsday, October 16, 2008
New York needs 21st century voting
By Jeffrey M. Wice

Jeffrey M. Wice, Special Professor of Law, talks about New York State’s election laws and how they are among the most restrictive in the nation.  “If watching the debate inspired a new Long Island voter to finally think, “This year, I’m going to register to vote,” it’s too bad.  New Yorker’s voter registration deadline was Friday,” said Wice.  Same-day registration has been in use in some states for more than 20 years and is a proven way to increase turnout.  Wice also discusses early voting and no-fault absentee voting.  Wice says, “Early voting helps people fit voting into their schedules.” 

Herald Online, October 16, 2008
Skelos, Simon in 9th Senate District race
By Judy Rattner

Roy D. Simon, Jr., Howard Lichtenstein Distinguished Professor of Legal Ethics, is making his first run for public office.  One of Simons main reasons for running, he said, is to restore New Yorkers’ faith in the state Legislature.  “The government is just rife with conflicts of interest, not all criminal, but it can make people suspicious of the intent of legislation,” said Simon.  He also said, “I don’t believe that taxing the rich will dampen job creation, and if used wisely, [taxes] can stimulate particular areas of the economy.”  He recommended that the money be used to invest in renewable energy technology and tax incentives for people who make and buy the most advantaged technologies.

NY1 News, October 14, 2008

Eric Lane, Eric J. Schmertz Distinguished Professor of Public Law and Public Service, discusses the city’s term-limits. (WAITING FOR VIDEO)

Nippon Television Network Corporation, October 14, 2008

Barbara Barron, Professor of Legal Writing, was interviewed in Japan for Yuko Hirose on the U.S. jury trial system. (WAITING FOR VIDEO)

Nippon Television Network Corporation, October 14, 2008

Barbara Barron, Professor of Legal Writing, was interviewed on the Japan Federation of Bar Association’s second national trial advocacy training program held in Tokyo October 11-13, 2008. (WAITING FOR VIDEO)

Newsday, October 12, 2008
9th district: Professor aims to unseat Skelos
By Sid Cassese

Roy Simon, Howard Lichtenstein Distinguished Professor of Legal Ethics, said that he has a surprise in store for Republican incumbent state Senator Dean Skelos of Rockville Centre. “New York needs a better government,” said Simon. “The Senate, in particular, seems designed to preserve the incumbents, not to represent the voters. The Republicans have had the Senate majority for 70 years.”

WNYC Newsroom, October 12, 2008
New Yorkers React to Connecticut Ruling on Same-Sex Marriage

Joanna Grossman, Professor of Law & Associate Dean for Faculty Development, comments on New Yorkers reaction to same-sex marriage. “Governor Paterson has said he’d sign a gay marriage bill if the legislature sends him one. And with Democrats close to gaining control of the legislature in the November election, such legislation could make it to a vote,” says WNYC Newsroom reporter. Grossman says, “a Democratically-controlled Albany is no automatic green light for gay marriage.”

Newsday, October 9, 2008
Nassau’s ‘Wall of Shame’ defendant sues
By Chris Russell

Eric Freedman, Maurice A. Deane Distinguished Professor of Constitutional Law, weighs in on the ‘Wall of Shame’ defendant who is suing Nassau County and demanding that her name and photograph be removed from the online gallery because it’s unconstitutional. “There’s nothing wrong with telling the public who’s been arrested. The problem may lie in whether publishing people’s names and photos constitutes a punishment,” said Constitutional Law Professor Eric Freedman.

Newsday, October 9, 2008
Push to get immigrant citizens registered to vote
By Chris Russell

Jeffrey Wice, Special Professor of Law, talks about how community organizers and immigration-advocacy groups are going out to find new American citizens and register them to vote in New York State. “Such efforts are important in a state like New York, which doesn’t have same-day registration and doesn’t allow early voting,” said Wice.

Massachusetts Daily Collegian, October 7, 2008
U. Massachusetts panel discusses South African strife
By Chris Russell

Jeremy Sarkin, Distinguished Visiting Professor of Law, comments on apartheid’s influence on present day South Africa. The public health care, which is predominantly black, is marred by “long waits, inadequate facilities and insufficient funds,” says Sarkin. He also discusses the prison system in South Africa and the amount of police brutality in the country.

New York Post, October 6, 2008
Term Limits Failed
By Eric Lane

Eric Lane, Eric J. Schmertz Distinguished Professor of Public Law and Public Service, discusses term-limits and how we now have a second chance, “the City Council can enact an appropriate bill to restore the right kind of term-limit power to New York voters: the power to throw the bums out,” said Lane. He also stated, “A representative democracy requires the ongoing and unrestricted right and obligation of the public to participate in the electoral process. And that fundamental principle was betrayed by the 1993 campaign for term limits – with its excessive spending and repetitive, reductionist preaching that only term limit could protect the people from the predation of career politicians.”

The New York Times, October 5, 2008
If Things Fall Apart, Who Gets the Ring?
By Nadine Brozan

Joanna L. Grossman, Professor of Law & Associate Dean for Faculty Development, discusses the question of when an engaged couple breaks up, who gets the ring? “I probably get an e-mail every two or three weeks asking for my advice on this question,” said Grossman. “People can spend an exorbitant amount of money on rings they cannot afford and then it is not uncommon for them to break up. But the rings are not usually worth enough to offset the cost of litigation,” she said.

St. Petersburg Times (Florida), October 4, 2008
Pornographer sentenced to nearly 4 years in prison
By Ben Montgomery

Eric M. Freedman, Maurice A. Deane Distinguished Professor of Constitutional Law, comments on Senior U.S. District Judge Susan C. Bucklew’s sentence for Paul Little, a Hollywood hardcore producer of pornography. Freedman felt his sentence appeared to be “relatively reasonable under the circumstances if you assume that there is any crime for which he should have been sentenced at all,” he said.

The New York Times, October 3, 2008
Doubts on Term Limit Vote
By Sewell Chan

Eric Lane, Eric J. Schmertz Distinguished Professor of Public Law and Public Service, comments on a statement made by Gene Russianoff, a lawyer for the New York Public Interest Research Group, that “Bloomberg can have the issue of term limits presented to the voters by late winter. If he doesn’t, it’s clear he’s both afraid and contemptuous of city voters at the same time.” Professor Lane said the idea was not feasible. “Nobody would call a special election. It’s too expensive and there’s not enough of a turnout,” he said.

The New York Post, October 1, 2008
Ruling In ’61 Case Knows No Limits
By Brendan Scott

Eric Lane, Eric J. Schmertz Distinguished Professor of Public Law and Public Service, comments on the city’s term limits law, which was settled in January 1961 when the Court of Appeals upheld the Buffalo City Council’s right to overturn term restrictions. “The case says there’s no restriction on a legislative body changing, amending or repealing a law local created by referendum,” says Professor Lane.

Daily News, October 1, 2008
Third Term Not Necessarily A Charm
By Elizabeth Benjamin

Eric Lane, Eric J. Schmertz Distinguished Professor of Public Law and Public Service, discusses how he opposes the city’s term limits law and supports Bloomberg’s move to change them to seek re-election. Lane states, “Even if he thinks he’s king, let the people decide.”

New York Law Journal, October 1, 2008
Confidential Divorce Papers Must Be Disclosed in Related Malpractice Suit, Court Rules
By Noeleen G. Walder

Sarah Abramowicz, Visiting Assistant Professor of Law, comments on a New York appeals court ruling that a doctor who accused his former lawyer of botching his divorce cannot keep the papers submitted in the underlying matrimonial proceedings confidential. “Courts are looking in a more nuanced way at these questions of privacy,” said Abramowicz. “If you ask most people, they’d be much more likely to want to keep confidential the type of private information involved in a matrimonial dispute than the information contained in their tax records,” she added.

September 2008

Crains New York, September 30, 2008
Bloomberg preparing for third-term bid
By Kira Bindrim

Eric Lane, Eric J. Schmertz Distinguished Professor of Public Law and Public Service, comments on Mayor Michael Bloomberg’s expected announcement to propose a revision to the city’s term limits law. Mayor Bloomberg plans to seek a third term as mayor, according to The New York Times. He is expected to argue that “the financial crisis in New York warrants an exception to the current regulations,” says Crains New York. Professor Lane supports overturning the term limits, he states “I think 12 years, if you’re going to have term limits at all, is better because it gives legislators an opportunity to get their feet on the ground and act competently before they have to start running for another office.”

Business Day (South Africa), September 27, 2008
Look-up mentality fails to address societal ills
By Janine Stephen

Jeremy Sarkin, Distinguished Visiting Professor of Law, talks about the state of Africa’s jails in the book he edited, “Human Rights in African Prisons.”  The book brought together a range of experts to examine the challenges facing prisons on the continent – such as horrendous overcrowding, lack of resources, poor nutrition, insufficient hygiene and abuse by both other prisoners and authorities.  Sarkin reiterated that while there is still a “tremendous crisis” in the continent’s prisons, other parts of the world – like South Africa – fare worse.

Long Island Herald, September 25, 2008
New rules for trustees?
By Anthony Bottan

Robin Charlow, Professor of Law, weighs in on the proposed amendment to Lynbrook’s board operating procedure policy that may force village trustees to file Freedom of Information requests to obtain information from department heads – if the trustee’s request is separate from official board business and if the information requested takes village staff an “extraordinary amount of time” to retrieve. Professor Charlow said “if the amendment is passed, it could create a legal problem because of the subjective nature of defining an “extraordinary amount of time.”

Newsday, September 24, 2008
Dems say bankruptcy proposal is big homeowner fix
By James Bernstein

Daniel J.H. Greenwood, Professor of Law, discusses the proposal by congressional Democrats to allow bankruptcy court judges to rewrite troubled primary mortgage loans in order to keep people in their homes. Lawyers and others involved in bankruptcy cases feel that this could overwhelm caseloads, spark lawsuits by banks who might claim judges have too much power and further destabilize the housing market. “Most of these cases will settle,” says Greenwood. “Once it’s clear the judges have the authority to renegotiate mortgage loans like everything else, people are likely to come to agreement in the shadow of the law.”

Reuters, September 17, 2008
Crime writer Alafair Burke draws on legal experience
By Belinda Goldsmith

Alafair Burke, Professor of Law, spoke with Reuters about her novels, writing and family.

Newsday, September 17, 2008
Judge right to identify abused in granting asylum
By Lauris Wren

Lauris Wren, Associate Clinical Professor and Attorney-in-Charge of the Political Asylum Clinic, discusses immigration Judge Gabriel Videla’s decision to grant asylum to the three Brentwood children who had been beaten, exploited and sexually abused by family members in their native Honduras and how the Department of Homeland Security opposed asylum in this case. Wren states, “Ultimately, we, as a country, must decide which refugees we will protect. Do we want to send children who have fled horrific violence back to the hands of their prosecutors?” “As Judge Videla recognized, they are legally eligible for asylum. It would be unspeakably cruel, and would betray our legal obligations, to force these children to return to Honduras,” she said.

Terraviva Africa, September 17, 2008
Prisons Under the Magnifying Glass
By Miriam Mannak

Jeremy Sarkin, Distinguished Visiting Professor of Law, discusses the book he edited titled “Human Rights in African Prisons,” which is a compilation of chapters written by various human rights experts.  Over the past ten years, various prison reform initiatives have been undertaken across the continent, explained Sarkin.  “The Kampala Declaration on Prison Conditions in Africa has played a crucial role in this,” he adds.  The situation in many African prisons remains unsatisfactory, regardless of the positive signs.  “Not many governments seem to be interested in investing in prisoners.  This combined with shortage of staff,” said Sarkin.

Newsday, September 16, 2008
Groups challenge school district over human rights law
By Jennifer Sinco Kelleher

Leon Friedman, Joseph Kushner Distinguished Professor of Civil Liberties Law, comments on how advocacy groups such as the Anti-Defamation League, the New York City Liberties Union and Lamda Legal, are taking issue with a claim that the East Meadow School District does not consider itself an “education corporation or association.” “The district made that claim in its appeal of a state Division of Human Rights decision that East Meadow violated human rights law in not allowing a hearing-impaired boy to bring his service dog to school,” says Newsday. Friedman called the district’s claim “silly.” “Their defense is a very technical reading of what is the definition of an education corporation.” “Why would Albany prohibit only private schools from discriminating,” Friedman said.

Newsday, September 12, 2008
3 Brentwood children given asylum in unusual ruling
By Dave Marcus

Lauris Wren, Associate Clinical Professor and Attorney-in-Charge of the Political Asylum Clinic, comments on a federal immigration judge’s decision to grant asylum to three Brentwood children who said that they had been abused in their home country of Honduras. Wren called the decision “very significant,” and that “It’s paving the way for future cases.”

SABC News, September 11, 2008
SA book puts African prisons under spotlight

Jeremy Sarkin, Distinguished Visiting Professor of Law, edited the book, “Human Rights in African Prisons,” which discusses the situation in African prisons.  Sarkin says, “Overcrowding leads to most things … resources in prisons are problematic because they are very old and need to be changed or upgraded.  Malnutrition, poor hygiene and lack of conditions for women and children ought not to be there…”

New York Times, September 10, 2008
Learning to Share
By David Cay Johnston

Mitchell Gans, Professor of Law, comments on the subject of inheritance and the importance of discussing a will with family members. Lawyers, wealth advisers and psychologists with long experience in the legal, practical and emotional aspects of inheritance say that grown children who know their parents have assets usually expect the money to be left to them in equal shares. According to Gans, you should prepare the will and then notify “the kids that you are cutting out – or who are getting less than the others.” “If you have the courage to do that, you cut down significantly the chance of litigation after death,” he said.

August 2008

The Oregonian, August 17, 2008
A grisly murder only seems swiftly solved
By Peggy McMullen

Alafair Burke, Professor of Law, published her fifth novel titled Angel’s Tip. “Although some may find the ending a bit out of reach, Ellie’s character remains appealing,” says The Oregonian. “Burke’s procedural plays well off her experiences with the legal system.”

WBAI, New York, August 13, 2008

Stefan Krieger, Professor of Law and Director of Hofstra Clinical Programs, talks about the Farmingdale, NY discrimination case.

Long Island Business News, August 8, 2008
Ones to Watch: Long Island Educators
By Claude Solnik

Nora V. Demleitner, Dean and Professor of Law, was listed for her many achievements including being named the first woman to serve as Dean of Hofstra Law School.

News 12, Long Island, August 6, 2008

Stefan Krieger, Professor of Law and Director of Hofstra Clinical Programs, comments on the Farmingdale, NY discrimination case.

New York Law Journal, August 5, 2008
Perspective: Arrest-Based DNA Databases Save Lives, Protect Innocent
By Robert Biancavilla

Robert Biancavilla, Special Professor of Law, weighs in on new DNA technology that saves lives and protects the innocent. The new technology requires only a few cells for analysis and has been used in the JonBenet Ramsey case.

The Times-Picayune, August 3, 2008
Judge Defends how he handled tickets; Law scholar calls actions improper
By Gordon Russell

Monroe Freedman, Professor of Law, comments on how Judge Ronald Sholes, a traffic court judge, intervened outside of his courtroom on behalf of traffic defendants, many of whom had ties to the New Orleans law firm where he practices. Freedman states “Sholes’ interventions were “improper,” even if the cases were petty.” “I don’t think it’s healthy at any level. It would be more serious of course if the crimes were more serious, but for those of us who take the administration of justice seriously … even this level of corruption -- for that’s what it is -- is a serious matter,” says Freedman.

The Wall Street Journal, August 1, 2008
Looming Texas Execution Gets Spotlight
By Ashby Jones

Julian Ku, Professor of Law and Associate Dean for Faculty Development, comments on the ICJ order to hold a judicial hearing for nearly all of the Mexican nationals that were on death row in the U.S. It was argued that the U.S. failed to notify the nationals that they were allowed to reach out to a Mexican consulate, a right guaranteed them by the Vienna Convention. The Bush administration backed the ICJ order but Texas courts shot it down. In March of this year, the Supreme Court ruled that Texas rulings were right, that the instruction had to come from Congress, not the president. Professor Ku said “it would be a dangerous precedent to allow an international court to tell a state how to manage its criminal law and procedures without first getting the approval of federal lawmakers.”