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2023-24 Academic Year
Spring - First Year
- Constitutional Law I — Professor Freedman
- Constitutional Law I — Professor Sample
- Contracts — Professor Lyman
- Legal Analysis, Writing and Research II — Professor Stein
- Legal Methods (All Sections) — Professors Louis, Lefton, and Caporale D’Agostino
Constitutional Law I
Prof. Eric M. Freedman
Section C
Spring 2024
Assignments for First Week of Class
- Go to Canvas and make sure you have access to this course. Class announcements will be distributed via Canvas, and you are responsible for them.
- Download the first installment of the syllabus from the Canvas site, and read the pages through Assignment 1 with care. You are responsible for the contents, which include course policies regarding grading, remote attendance, and other important subjects.
- Obtain the first volume of the Appendix of course materials. This may be done now by downloading it from the Canvas site. You will also be able to obtain a printed copy from the Law School Copy Room located in the lower level of the Law School a few days after classes begin.
- Prepare the assignment as indicated on the syllabus for the course meeting of Wednesday, January 10.
- In the event of logistical difficulties, contact my very helpful assistant, Joyce Amore Cox, Joyce.A.Cox@hofstra.edu, tel. 516-463-6339. 1
- Stay alert for any electronic communications from me or the law school respecting logistical matters.
E.M.F.
1 For other Canvas-specific assistance contact Help@hofstra.edu, tel. 516-463-7777. For all computer-related assistance contact Lawhelp@hofstra.edu, tel. 516-463-4192.
Constitutional Law I
Contracts
Professor Lyman
[1L day class] - 1705 Section A
Required Readings:
- Kuney and Lloyd, Contracts: Transactions and Litigation (5th Edition)
- Farnsworth, Sanger et al, Selections for Contracts (2023 Edition)
- Examples and Explanations: Contracts (8th Edition)
Course website: We will be using TWEN as our course website. You are required to register on the TWEN site for this class with an email address that you check regularly. Registration and participation are an essential part of this course. Students should check the website regularly; I will post the slides for class on TWEN under the “slides” tab.
For our first class, please read the following.
- Introduction
- v-xxvii
- UCC §§ 1-103(b); 1-302; 2-102; 2-104(1); 2-105(1); 2-106(1); 2-501; R2d §§ 1; 7; 8;
- Ch 1: Objective theory of contracts
- 1-18
- R2d §§ 16; 22(2); 24; 26; UCC § 2-204;
Legal Analysis, Writing and Research II
LAW&R II
Spring, 2024
Professor Stein
Thursday, January 11, 2024
There will be no class today. If necessary, I will schedule a makeup later in the semester.
Tuesday, January 16, 2024 (Class 1)
Before the first class, please do the following:
- Sign up for this class on TWEN.
- Purchase Introduction to Advocacy: Research, Writing and Arguments 8thedition, by the Board of Student Advisors, Harvard Law School. We will use this book throughout the semester. Please be certain to purchase the correct edition.
- Complete the Student Information Form posted on TWEN and submit it through the Assignments and Quizzes tab on TWEN. It is important that I have this form so that I can schedule your oral argument.
- Read the Course Outline and Guidelines carefully. We will be reviewing them in detail at the first class.
- We will be continuing our discussion of persuasive writing. This semester we will focus on advocacy in the context of drafting an appellate brief. Read Chapter 6 in Introduction to Advocacy. Please also prepare the Peter Scorn exercise, posted on TWEN. I will not be collecting this exercise; we will be going through it in detail in class. We will also be discussing cover letters and writing samples to give you a jumpstart on your summer job search.
Legal Methods (All Sections)
Professors Louis, Lefton, and Caporale D’Agostino
Welcome to Legal Methods. Our first class is on Thursday, January 11. Please be advised that there is no pre-work assignment and no textbook that you have to purchase. I look forward to meeting you!
Spring - Upper Division
- Admiralty Law — Professor Frevola
- Advanced Legal Research — Professor Spar
- Antitrust Law — Professor Tugander
- Business & Law of Marijuana — Professor Cooper
- Criminal Immigration Seminar — Professor Gaudio
- Criminal Procedure I — Professor Klein
- Criminal Procedure: Investigations — Professor Malavé
- Employment Discrimination — Professor Damiano
- Environmental Dispute Resolution — Professor Siegel
- Ethical Problems in Federal Tax Practice Seminar — Professor Galler
- Evidence — Professor Krieger
- Expert Witness in Civil Cases — Professor Freedman
- Family Law — Professor Schepard
- Family Law — Professor Stark
- Federal Income Taxation of Corporations — Professor Galler
- Financial Restructuring and Business Bankruptcy — Professor Scarcella
- International Law — Professor Stark
- Introduction to Asset Management Legal and Compliance — Professors Kutner and Mastronardi
- Introduction to Estate Planning — Professor David
- Lawyers’ Ethics — Professor Harrison
- Perspectives in Legal Analysis & Writing (all 3 sections) — Professors Lefton, Louis and D'Agostino
- The Policy and Business of Cryptocurrencies — Professor Shipkevich
- Private Equity — Professor Davis
- Race and the Law — Professor Malavé
- Selected Problems in New York Civil Practice — Professor Knobel
- Sex-Based Discrimination — Professor Damiano
- Voting Rights – Election Law — Professor Solages
Admiralty Law
Professor Frevola
Class #1, January 10
Chapter I
The Basics: Admiralty Jurisdiction, Conceptual Structure, and Practice (page 3)
-
Historical Background (page 3)
- DeLovio v. Boit (page 5)
- Notes (page 8)
- In re Complaint of Branson Duck Vehicles, LLC (Order) (Supplied by Instructor)
- The Thomas Jefferson (page 8)
- Notes (page 9)
- The Genesee Chief v. Fitzhugh (page 10)
- The Eagle (page 13)
- Notes (page 15)
-
The "Navigable Waters" Issue (page 15)
- LeBlanc v. Cleveland. (page 16)
- Notes (page 19)
-
The "Vessel" Issue (page 20)
- Stewart v. Dutra Construction Co. (page 21)
- Notes (page 25)
- Lozman v. City of Riviera Beach (page 25)
- Notes (page 29)
-
Admiralty Jurisdiction in Tort Cases (page 30)
- Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co. (page 30)
- Notes (page 39)
Advanced Legal Research
Professor Lisa Spar
Hi Everyone,
I am looking forward to meeting you in our first class on Wednesday, January 10 in Room 243.
The Syllabus is available on the course website on Canvas. Print copies will be distributed in the first class.
Before our first class, please do the following:
- Please make sure you are registered and can access Bloomberg Law, Lexis and Westlaw. If you need help registering for any of these, please contact the Library Reference desk at lawreference@hofstra.edu, contact me at lisa.a.spar@hofstra.edu or stop by the Reference desk or my office – 101B in the Library (ask at the Circulation or Reference desk).
- If you have not already done so, update your notifications settings on Canvas. Here are instructions.
Antitrust Law
Professor Tugander
First Assignment
Casebook: Morgan and Pierce, Cases and Materials on Modern Antitrust Law and Its Origins (7th Edition)
Read pages 1-45 of the casebook.
This assignment is for both Class 1 on January 11th and Class 2 on January 17th .
Business & Law of Marijuana
Professor Cooper
Wednesday, January 10, 2024 from 4:10-6 p.m.
Week 1
Course overview, including expectations and assignments; introduction to the physical and psychoactive properties of cannabis
- Discussion of cannabis properties and uses
- Introduction of industrial, medical, and recreational markets – of which we will explore the evolving legal landscapes
- Examination of medical and social uses in pre-Columbian America and other cultures
- Examination medical and social uses in American society prior to prohibition
Watch:
- Reefer Madness (1936) [Enhanced] – the unabashed propaganda film is most popularly known as “Reefer Madness”, but originally known by the title “Tell Your Children, a dead giveaway”, has become a cult classic of comically bad cinema due to its dated, alarmist views on the dangers of "marijuana addiction" and the exaggerated symptoms thereof. (Runtime: 1:08:18)
Reading:
- The Illegalization of Marijuana: A Brief History
- Smoke Signals: A Social History of Marijuana – Medical, Recreational and Scientific by Martin Lee (Audiobook Free with Audible trial)
- The Drug War at 100 by George Fisher
Criminal Immigration Seminar
Hofstra Law Criminal Immigration Seminar
Course # 2815
Professor Christina M. Gaudio
Spring 2024 Syllabus
Week #1- Jan. 10th: Historical Background of Crimmigration and The Role of Systemic Racism
Readings:
- Garcia Hernandez, pgs. 1-20
- 4th, 5th and 6th Amendments
- Juliet Stumpf, The Crimmigration Crisis: Immigrants, Crime, and Sovereign Power, 56 Am. U. L. Rev. 367 (2006). 367- 395 ONLY
- Alina Das, Inclusive Immigrant Justice: Racial Animus and the Origins of Crime-Based Deportation, NYU School of Law, Public Law Research paper (July, 2017).
- The State of Black Immigrants Report: Part II: Black Immigrants in the Mass Criminalization System, by The Black Alliance for Just Immigration.
- Black Immigrants School Prison Deportation Pipeline, by Shamira Ibrahim, February 5, 2020, Vox
Criminal Procedure I
Professor Klein
First Assignment
Please CAREFULLY read the syllabus included on Canvass (you should download it to read the proper format). Although I will cover many of the issues covered in the Syllabus during the 1st class, you are responsible for all of them. You should do this before the 1st class as part of this assignment.
All assignments should be read in the order they appear on this list. (< means before; > means after.)
For the 1st class, please read the following pages in Kamisar et al (15th ed):
- The 4th, 5th, 6th 14th Amendments as found at consource.org (top resources tab)
- Chapter 1- Overview:
- Section 2, pages 5-16 (< section C);
- Sections 3 and 4, pages 18-23;
- Incorporation, Due Process and State Constitutions:
- Pages 24-26 (notice: fn 14 will be updated in class),
- McDonald v City of Chicago, 561 U.S.742-769 & 1st paragraph of Scalia concurrence
- & Thomas concurrence through page 814 (2010),
- Text at 35-36.
- Chapter 3-Policy Issues:
- Pages 37-38 (Dripps), 40-42 (Maclin), 45-47 (Sotomayor), 51-53 (Garrett)
Three competing themes permeate the law of criminal procedure: (1) protecting public safety vs. protecting the rights of the individual; (2) legal tests based on a bright line rule vs. those using a case by case approach and (3) states’ rights vs. national uniformity. In light of this and to aid our class discussion, please read Bowles v. Russell, 551 U.S. 205 (2007) and be prepared to discuss it in class. It would be helpful if you formally brief it.
For those who are interested in the location of their seat for class, you should arrive at the 1st class early and select the seat you want for the entire semester. There are assigned seats for the course which are determioned by where you situate yourself for the 1st class. A seating chart will be prepared based on where you sit for the 1st class.
Please feel free to email me at fred.klein@gmail.com with any questions or comments. I look forward to working with you.
Criminal Procedure: Investigations
Professor Evelyn Malavé (Mah-lah-VAY)
Required Casebook & First Assignment
The required casebook for this class is Lee & Richardson, Criminal Procedure Cases and Materials (3d Ed.)
First Assignment: For our first class on Thursday, January 11, please read the below. Please note that a syllabus will be uploaded to Canvas shortly before our first class. I look forward to meeting you all soon!
Class 1 – Thursday, January 11
Introduction to Criminal Procedure
- LR Ch. 1 (pp. 1–8)
- LR pp. 256-261 (Carbado excerpts)
- https://www.youtube.com/watch?v=7rWtDMPaRD8&has_verified=1 (from the beginning to 8:08) [Note: Some may find the language and content of this video offensive.]
Fourth Amendment
- What is a Search?
- Generally
- LR pp. 9–14 (Katz v. United States)
- Third Party Doctrine
- LR pp. 27-43 (Smith v. Maryland, California v. Greenwood, Colb excerpts, Solove excerpts)
- Generally
Employment Discrimination
Professor Charis Damiano
Required Course Materials:
The required text is Employment Discrimination, Procedure, Principles and Practice by Joseph Seiner (3rd Ed. 2023). Published by Wolters Kluwer.
Administrative Details:
- Class meetings: Mondays and Wednesdays 8:40-10.00am
- Email: Charis.J.Damiano@hofstra.edu
- Office: Room 100C
- Office hours: By appointment on Monday and Wednesday 12:30-2pm.
- Assistant: Jennifer Calautti, Room 223
- Course webpage: CANVAS
First Assignment: The first class will be on Wednesday January 10th 2024. Please read pages 1-13 and 79 to top of 88 before that class meeting.
Points for discussion:
- What are the major statutes that form the backbone of employment discrimination laws in the US? What does “at will employment” mean?
- What kind of constitutional anti-discrimination claims can federal workers bring?
- Consider the difference between federal anti-discrimination laws and state anti-discrimination laws.
- Read the interactive problem on page 79 and be prepared to discuss it in the context of the case of McDonnell Douglas Corp v. Green (1973) on page 81.
- What is the difference between direct and circumstantial evidence of discrimination?
- What are the prongs of the McDonnell Douglas prima facie test?
Environmental Dispute Resolution
Joseph A. Siegel, Adjunct Professor
E-mail: joseph.a.siegel@hofstra.edu
Phone: (212) 637-3208
Class 1 Assignment – Jan. 11, 2024 (6:10-8 p.m.)
Introduction to the Course; Overview of Environmental Dispute Resolution
Reading Before First Class:
- Lucy Moore, Common Ground on Hostile Turf: Stories from an Environmental Mediator – Read the Preface and Chapters 3 and 5, pp. 23-32 and 69-86. We will have a discussion in class about this reading:
- What does the reading tell us about justice for indigenous and black communities and people of color in the context of mediating environmental disputes?
- What do we learn about environmental mediation from the reading?
- Go to the John S. McCain National Center for Environmental Conflict Resolution website and read the “Basic Principles for Agency Engagement in Environmental Collaboration and Conflict Resolution”. Then scan the “FAQs about ECR”. How are ECR processes, and the mediations you read about in the Lucy Moore book, different from and/or similar to your prior conception of, or experiences with, mediation?
Expert Witness in Civil Cases
Prof. Eric M. Freedman
Assignments for First Week of Class
- Go to CV and make sure you have access to this course. Class announcements will be distributed using the CV e-mail list and you are responsible for them.
- Download the syllabus from the course documents section of the CV site and read the entire document with care.
- Prepare for the course meeting on Zoom at 4:30 p.m. on Wednesday, January 17 (a legislative Monday) in accordance with the syllabus.
E.M.F.
Family Law
Welcome to FamilyLaw!
I look forward to our first class this Wednesday, January 10th at 2:10 pm in room 205. We will be using a new text this semester, Douglas E. Abrams et al., Contemporary FamilyLaw (West Academic, 6th ed. 2023). The first assignment is pp. 1-22. Please be prepared to discuss Problem 1-1 at p. 3.
I look forward to seeing many of you again and to meeting those of you who I don’t know yet!
Barbara Stark
Family Law
First Assignment
Family Law
Spring 2024
Professor Andrew Schepard
Welcome to Family Law for Spring 2024. I hope you had a wonderful and safe holiday season with family and friends. I look forward to working with you this semester.
This memo covers what I would like you to do to prepare before our first class on Wednesday, January 10th at 10:10 am on Zoom (class ends at 11:30 am)
Find the Course site on CANVAS. This will be our principal communications vehicle. You should be able to find the Zoom link for our classes on the site under Zoom Room. Also be sure you can access all the parts of the CANVAS site.
Please complete the following assignment before class.
ASSIGNMENT KEY
- Casebook – OV- Robert E. Oliphant & Nancy Ver Steegh, Work of the Family Lawyer (5th Edition)
- CANVAS – Assigned materials can be found in the appropriate folder under Course Modules on the course CANVAS site.
- The materials assigned are contained in folders listed with the names of the subject listed on the assignment. For example, if the class topic is Domestic Violence, read all materials found in the Domestic Violence folder under Course Modules on the course CANVAS site. The materials in the folders are required reading. In other words, you are responsible for the contents of the folders.
- In the folders, you will also find PowerPoint slides that I created on many of the subjects we will be studying. They are informal, bullet point summaries of what I regard as the most important material on the topic. Students have found them helpful in the past for focusing their learning. I suggest that you download the PowerPoint slides for your use.
Date: Wednesday, January 10th (First Day of Class)
Topic:
- Getting to Know You.
- Course Overview and Policies, etc.
- Family Law: Past and Present
Reading and Comments:
- I will begin the class by asking if you have any questions about the syllabus.
- Be prepared- I will then ask each of you to briefly tell me about your experience with family law and what you hope to get out of the class.
- Read OV (Oliphant & Ver Steegh) 3-24 (this is our course textbook)
- Review the power point slides in the Canvas Opening Day Assignment folder on:
- Ten Questions About Family Law
- Historical Background
Ethical Problems in Federal Tax Practice Seminar
Professor Galler
The textbook for the course is Linda Galler & Michael B. Lang, Regulation of Tax Practice (2d ed. 2016).
The assignment for our first class meeting (Friday, , January 12, 2024) is:
-
Introduction:
-
The Tax Lawyer’s Duty to the System
- Pages 1-5
- Pages 1-5
-
The Tax Lawyer’s Duty to the System
-
Chapter 1: Sources of Professional Regulation
-
State Regulation
- Pages 7-14
-
Federal Regulation: Circular 230
- Pages 14-20 (but skim only, pp.17-20)
-
Federal Regulation: Preparer Penalties
- Pages 44-47
-
Federal Regulation: United States Tax Court Rules
- Pages 47
-
State Regulation
Evidence
Evidence (A), Law_4761_A
Professor Stefan Krieger
Spring 2024
Assignment for First Class (Wednesday, January 10, 2024)
For our first class, please review the syllabus for the course posted in the Syllabus Module on Canvas. (The syllabus is not posted in the syllabus tab.)
Also, please prepare Problems 1-3, 1-6, 1-7, and 1-9 in Problems in Evidence and read the assigned text and rules at the end of each of the problems. As stated in the syllabus, for this class, I will not call on students to argue these problems, but we will discuss them in class.
Federal Income Taxation of Corporations
Professor Galler
The casebook for the course is Schwarz & Lathrope, Fundamentals of Corporate Taxation (Tenth Edition 2019).
In addition, we will be using Lathrope, Selected Federal Taxation Statutes. This should be the same statutory supplement that you used in Federal Income Taxation of Individuals.
For our first session (Thursday, January 11, 2023), please read pages 3-12 in the casebook.
Financial Restructuring and Business Bankruptcy
Financial Restructuring and Business Bankruptcy 2757-A
Professor Scarcella – Spring 2024
Reading Assignment for Class 1 and Class 2
Professor Scarcella’s contact information:
- Email: louis_scarcella@nyeb.uscourts.gov
- Telephone: (631) 712-6278
- Faculty Assistant: Ms. Jennifer Calautti – Office 223
Class time and location:
- Tuesdays, 4:10 p.m.-6 p.m.
- Room [To Be Announced]
Course Materials:
Levitan, Business Bankruptcy: Financial Restructuring and Commercial Markets (3d Edition, 2022) (Aspen Publishing)
Additionally, you will need a statutory supplement that contains the Bankruptcy Code (Title 11 of the United States Code) and Article 9 of the Uniform Commercial Code. You will need a 2021 or later statutory supplement for the Bankruptcy Code as that will include Subchapter V – Small Business Debtor Reorganization. If you did not take the Bankruptcy Law course, the supplements I suggest are:
- Elizabeth Warren and Robert M. Lawless, Bankruptcy and Article 9, 2023 Statutory Supplement (Aspen Publishing)
- Anne Lawton, Bankruptcy Code, Rules, and Official Forms, 2023 Law School Edition, (West Academic)
Class time will focus on the problem sets. The reading assignments and problem sets often have statutory citations to the Bankruptcy Code so please read the referenced statutory provisions.
Class Assignments:
-
January 16: Introduction; Bankruptcy in a Nutshell
-
Readings:
- Chapter 1 (pp. 3-22) (20 pages)
- Chapter 11 (pp. 217-228) (12 pages)
-
Class:
- Problem Set 1
- Problem Set 1
-
Readings:
-
January 23: Filing Bankruptcy; Property of the Estate
-
Readings:
- Chapter 12 (pp. 231-252) (22 pages)
- Chapter 13 (pp. 253-269) (17 pages)
-
Class:
- Problems 12.1, 12.2, and 12.3
- Problem 13.1
-
Readings:
International Law
Welcome to International Law!
Please register for the course on TWEN using your Hofstra email. A syllabus will be posted soon.
Our text is Janis, Noyes, & Sadat, International Law: Cases and Commentary (6th ed. 2020). For the first assignment, please read pp.1-17 and be prepared to discuss the following questions:
- What is the international rule elaborated by Article 2 of the European Human Rights Convention (EHRC)?
- Are the rules in a treaty more like an international contract or an international statute? How are they different?
- Why did the United Kingdom consent to the rules set out in the EHRC?
- Why did the United Kingdom consent to the jurisdiction of the ECHR? Why did the United Kingdom comply with the court’s decision? What did it cost? (in addition to £40 ,000?)
I look forward to our first class this Wednesday, January 10th at 10:10 am in room 14, to seeing many of you again and to meeting those of you I don’t know yet!
Barbara Stark
Introduction to Asset Management Legal and Compliance
First Assignment
Zoom Meeting Tuesday 6:10-8 p.m.
Professors:
- Gariel Kutner: nahoum@gmail.com
- Jennifer Mastronardi: dimariaj@gmail.com
Online Materials
There is no textbook for this class. Reading assignments will consist of a series of articles and other materials (please see Canvas for document entitled “Online Materials for Hofstra Class Spring 2024” for assigned readings).
The reading for Class 1 will be spread over the first few classes so don’t worry if you do not get to everything for Class 1.
We look forward to meeting you on January 16th!
Course Date
- Class 1 – January 16, 2024
Topics to be Discussed
- What is Compliance?
- What is Risk?
- Types of Risk
- Overview of the Legal and Regulatory Structure Governing Asset Managers
- Overview of Key Constituents (asset management departments and personnel, board of directors, shareholders and regulators
Assigned Reading From “Online Materials” Document
- The Importance of Compliance in Business
- Ethics vs. Compliance
- Risk Management
- Asset Management Risk Management and Compliance
Introduction to Estate Planning
Prof. Johanna C. David, Esq.
Tuesdays: 6:10-8 p.m.
First Assignment: Read Ch. 1 of Estate Planning in a Nutshell; Matter of Fabbri (2 N.Y.2d 236,239); and Ch. 1 of Pennells Estate Planning and Drafting.
Lawyers’ Ethics
CRN# 23751; Course # 2897-B
Professor Robert M. Harrison
Welcome to Lawyers’ Ethics! Before our first class on Thursday, January 11, sign onto the course Canvas page where you will find the course syllabus. Please read it and come to class with any questions you have.
We will be using the following texts:
- Nathan M. Crystal and Grace M. Geisel, Professional Responsibility: Problems of Practice and the Profession (Seventh Edition).
- ABA Model Rules of Professional Conduct (2023 edition).
Your assignment for the first class is to read pages 1-26 in the Crystal and Geisel casebook, and skim the Model Rules.
The Policy and Business of Cryptocurrencies
Professor Shipkevich
Course Law: 2740-E
Welcome to The Policy and Business of Cryptocurrencies course for the Spring of 2024.
Our first class will be on Tuesday, January 16, 2024, at 8:10 am in Room 243.
Casebook: Digital Coins & Cryptocurrencies, Law & Regulation, Shipkevich (Carolina Academic Press)
- 31 U.S.C. § 5103
- Casebook: pages 3 – 51
Private Equity
CRN:23736
Assignment for Class 1 (Wednesday, January 17, 2024, 8:10-10:00AM, KUSHN 0243)
Professor: Wayne Davis
Email: whdavis110@gmail.com
The textbook for this class is Mastering Private Equity: Transformation via Venture Capital, Minority Investments & Buyouts by Claudia Zeisberger, Michael Prahl and Bowen White (John Wiley & Sons, Ltd., 2017). Reading assignments will consist of selected sections of the text and a series of articles and other materials (throughout the semester please check Canvas for document entitled “Online Materials for Hofstra Class Spring 2024” for assigned readings). Reading assignments will consist of a series of articles and other materials (please see Canvas for document entitled “Online Materials for Hofstra Class Spring 2024” for assigned readings).
The reading assignments for Class 1 are:
- From the textbook: Forward and Preface, pp. ix – xv; Chapter 1, Private Equity Essentials, pp. 5 – 18.
- At Canvas, Course Materials: “Private Equity, Class # 1, Wednesday, January 17, 2024;
“Introduction to Private Investment Funds -- Fund formation and investment management compliance”
Topics to be Discussed:
Introduction to Private Investment Funds
- Introductions -- goals.
- Private Equity Funds – privately held portfolio companies; closed end funds; limited liquidity.
- Venture Capital Funds – start-up privately held PCs; closed end; limited liquidity – monetization event (sale; IPO).
- Hedge Funds – publicly traded securities; open ended; liquid.
- S vs. non-U.S. based investment funds (target investor profile; capital raising).
I look forward to meeting you on January 17th!
Perspectives in Legal Analysis & Writing (all 3 sections)
Welcome to Perspectives in Legal Analysis & Writing. The class will meet in person. However, we will also use an online classroom component for this course called Matrix. You will submit and receive all assignments through Matrix. In early January, you will receive an email from BARBRI with login information to access the Matrix course page prior to the first day of class. If you do not receive an email prior to January 10, please contact Cara.M.Caporale@hoftra.edu.
Aside from accessing Matrix, there is no prework before Class 1 . We will use a course book that will be distributed in class.
If you have any questions before class, please feel free to reach out to one of us.
Regards,
The ASP Team
(Profs Lefton, Louis and D'Agostino)
Race and the Law
Professor Evelyn Malavé (Mah-lah-VAY)
Required Books & First Assignment
The required books for this class are:
- Khiara Bridges, Critical Race Theory: A Primer (2019)
- Richard Delgado & Jean Stefancic, Critical Race Theory: An Introduction (3d ed. 2019)
- Derrick Bell, And We Are Not Saved (1989).
For our first class on Wednesday January 10, please read pages 1-57 in Bridges (above). A syllabus will be posted shortly before the class.
I look forward to meeting you all on Wednesday.
Selected Problems in New York Civil Practice
Professor Knobel
Textbook: Chase & Barker (“CB”) Civil Litigation in New York [7th edition]
Treatise: Siegel, New York Practice [6th ed]
Assignment for January 11
- Subject Matter Jurisdiction
- Pages xxxi – xxxvi; 123-155; problem A
- Article VI NYS Constitution; Judiciary Law 190; CPLR 325
Sex-Based Discrimination
Professor Charis Damiano
Required Course Materials: The required text is Katharine T Bartlett, Deborah L Rhode, Joanna L Grossman and Deborah Brake, Gender and the Law: Theory, Doctrine, Commentary (9th Edition, 2023). (“Gender and the Law”)
Administrative Details:
- Class meetings: Monday and Wednesdays 10:40 -12:00pm.
- Email: Charis.J.Damiano@hofstra.edu
- Office hours: Monday and Wednesdays 12:30pm-2pm by appointment
- Office: 100C
- Assistant: Jennifer Calautti, Room 223
- Course webpage: CANVAS
First Assignment: The first class will be on Wednesday January 10th 2024. Please read the following: Page 1-top of page 7 and 29-41 of Gender and the Law.
Points for discussion:
- Consider the various theoretical frameworks presented on pages 1-7 and how they interplay in the field of sex discrimination law.
- When reading the cases, try to identify the source of the discriminatory practice, the legal rationale that was given to try to justify the discriminatory practice and the harm it caused to women at the time.
- Compare and contrast the different legal reasonings provided by the Supreme Court in the cases of Muller v. Oregon 208 U.S 412 (1908) and Goesart v. Cleary 335 U.S 464 (1948). Think about how they are alike and how they differ.
- Please read the Declaration of Sentiments, Seneca Falls Convention on pages 38-40 and make a list of the issues addressed in this Declaration. Consider the various ways that the authors argue that a women’s right to work and be employed are affected by the list of discriminatory acts and practices set out in the document.
Voting Rights – Election Law
Professor Phil Solages
FIRST ASSIGNMENT
Class 1
- The History of Voting Rights & Election Law
- Read:
- U.S. Constitution: Article 1 §2 ¶ 1, Article 1 §2 ¶ 2, Article 1 §2 ¶ 4, Article 1 §3 ¶ 2, Article 1 §3 ¶ 3, Article 1 §4 ¶ 1, Article 1 §5 ¶ 1, Article 2 §1 ¶ 1, Article 2 §1 ¶ 2, Article 2 §1 ¶ 3, Article 2 §1 ¶ 4, & Article 2 §1 ¶ 5
- U.S. Constitutional Amendments: 15,19,24, & 26 Amendments
- NY Constitution Article 1, Section 1
- NY Constitution Article 2, Section 1 through 9
- Go to Canvas and make sure you have access to this course.
Fall - First Year
- Civil Procedure — Professor Gundlach
- Civil Procedure — Professor Sample
- Civil Procedure — Professor Zarin-Rosenfeld
- Criminal Law (Sections A1 and A2) — Professor Barron
- Criminal Law — Professor Burke
- Criminal Law — Professor Klein
- Criminal Law — Professor Malavé
- Legal Analysis, Writing & Research I (Section A-1) — Professor Colesanti
- Legal Analysis, Writing & Research I (Section A-2) — Professor Weintraub
- Legal Analysis, Writing & Research I (Section B-1) — Professor Greene
- Legal Analysis, Writing & Research I (Section B-2) — Professor Franzella
- Legal Analysis, Writing & Research I (Section C-1) — Professor Stein
- Legal Analysis, Writing & Research I (Section C-2) — Professor McElroy
- Legal Analysis, Writing & Research I (Section D) — Professor White
- Legal Methods — Professor Damiano
- Torts — Professor Bush
- Torts — Professor Caffarone
- Torts — Professor Campbell
- Torts — Professor Greenwood
Civil Procedure
Professor Gundlach
First Day Assignment
You should gain access to the Canvas course page through the Hofstra portal, review the opening announcement, the syllabus, and the first module under Course Materials entitled Introduction and Overview Materials. Be sure to post a comment in the Discussion Thread entitled Introductions. And for our first class, read pp. 3-34 in the Freer Casebook.
Civil Procedure
Professor Sample
First Assignment: Review the full syllabus (found on Canvas) and read per below.
Class 1 (Read prior to 1st class session)
- Read pp. 1-top of p. 29 in the Casebook
- Look at Judicial Map, "Geographic Boundaries of United States Courts of Appeals and United States District Courts" (contained within the PDF of supplemental materials available on CANVAS)
- Read Avista Management, Inc. v. Wausau Underwriters Insurance Company (contained within the PDF of supplemental materials available on CANVAS)
Civil Procedure
Professor Zarin-Rosenfeld
First Two Assignments
Our Casebook will be Friedenthal et al., Civil Procedure: Compact Thirteenth Edition for Shorter Courses. Supplemental cases will be posted on Canvas.
Please read the following for our First Class (Monday, Aug. 21):
- Casebook Pages: 1-6, 31-36
- Supplemental Cases: Fuentes v. Shevin
In the order listed, please read the following for our Second Class (Tuesday, Aug. 22):
- Casebook Pages: 202-03, 206 note 3
- Supplemental Cases:
- Mitchell v. W.T. Grant Co.;
- Ga. Finishing v. Di-Chem
- Casebook Pages: 207-08 note 6
- Supplemental Cases: Mathews v. Eldridge
Criminal Law (Sections A1 and A2)
Professor Barron
Course Materials
We will be using Kadish, Schulhofer, & Barkow, Criminal Law and Its Processes (11TH edition) as our casebook.
Please refer to the syllabus for both courses and please review the hypo set.
Your readings are below.
- Weeks 1 -2:
- Chapter 3: Legality: Pages 189-232
- Chapter 1: Justification for Punishment: Pages 1-40; 48-53
- Chapter 3: Proportionality: Pages234-248
Criminal Law
Professor Burke
The required text for this class is Criminal Law: Cases and Materials (9th ed.) by Kaplan, Weisberg & Binder.
The assigned, required reading for the first day of class is pages 1-13 and 19-29 of the casebook PLUS an excerpt from Understanding Criminal Law by Joshua Dressler, which is posted on our Canvas course under “Assignments.” To be clear, the pages from Understanding Criminal Law are required, not supplemental or optional.
I'm looking forward to meeting all of you and am excited for the coming semester.
-Prof. Burke
Criminal Law
Professor Klein
First Assignment
The text book we are using for this course is Dressler and Garvey, Criminal Law; Cases and Comments (9th ed West Academic). You can purchase it in the university bookstore or anywhere else you can find the same edition at more favorable rates.
For the 1st class, please read the following pages in the Dressler book:
Assignment 1- Introduction: Setting the Stage
- Pages 1-8 (before section C)
- Pages 9-10 (proof of guilt at trial (< Notes and Questions, hereinafter “N and Q”)
- Pages 11 (note 2) – 13 (before note 5)
For those who are interested in the location of their seat, you should arrive at the 1st class early and select the seat you want for the semester. There are assigned seats for the course which are determined by where you sit at the first class. A seating chart will be prepared based on where you sit for the first class.
Finally, but of no lesser importance, please carefully read the Syllabus which is posted on Canvass before the first class.
Please feel free to email me at fred.klein@gmail.com with any questions or comments. The symbol “<” in some assignments means to read up to but not including or past. I look forward to working with you during your time at Hofstra.
Criminal Law
Professor Evelyn Malavé
Room 100M
evelyn.malave@hofstra.edu
Assignment for First Class - August 22, 2023
Dear Class,
Welcome to Criminal Law!
I look forward to meeting you all soon, and I hope you are enjoying the rest of your summer.
For the first day of class, please read pages 8-35 from our casebook, KADISH, SCHULHOFER, & BARKOW, CRIMINAL LAW AND ITS PROCESSES (11th ed. 2022). Shortly before classes start, I will also share the syllabus. Please review it before the first class.
Sincerely,
Professor Malavé
Legal Analysis, Writing & Research I (Section B-2)
Professor Franzella
Welcome to Hofstra Law School. Our first class is on Monday, August 21 from 2:10pm-4:00pm in Kushner Hall Room 242.
Prior to our first class, please:
- Purchase the following books, which are available in the Hofstra Bookstore:
Neumann, Legal Reasoning and Legal Writing (9th ed.);
The Bluebook, A Uniform System of Citation (21st ed.).
Be certain that you have the correct edition for each book.
- You need to register for both Westlaw and Lexis+, the two computer-assisted legal research providers that we will be using. To register, please click the links below, and they will take you to the registration pages.
- Lexis+ Registration Link: https://register.lexisnexis.com
- Westlaw Registration Link: https://lawschool.westlaw.com/register
- If you have any problems registering your accounts, please contact a reference librarian or the database reps:
- If you have any questions on Lexis, please contact our Lexis representative Kacey Murphy. Her e-mail is: murphy@lexisnexis.com
- If you have any questions on Westlaw, please contact our Westlaw account manager Estee Waxman at waxman@thomsonreuters.com
- Please be aware that you must also register for the Canvas page for this class. I post many class assignments and other documents there and use it to communicate with the class.
- Read the following documents, which will be posted on TWEN by mid-August, and bring copies to class:
- Syllabus with Tentative Class Schedule;
- Lexis Learn Modules;
- Introduction to Legal Research.
- Read Neumann, Chs. 1 – 3 and 6.
I look forward to meeting each of you. In the meantime, enjoy the rest of your summer.
Legal Analysis, Writing & Research I (Section C-1)
Professor Stein
Welcome to Hofstra Law School. While you may be feeling somewhat intimidated by the prospect of three years of law school, don’t. Orientation is designed to lessen your apprehension and give you some tools to smooth the transition into law school. I will also do whatever I can to help.
Our scheduled class time is Mondays and Wednesdays from 8:10 am – 10:00 am in Room 205. Please read this letter carefully, it contains a lot of important information. Prior to our first Legal Analysis class, do the following:
Sign up for the TWEN page for this class immediately. TWEN is part of Westlaw. Westlaw registration information is in the packet that you received from admissions. We will use TWEN in the following ways:
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This schedule and the other basic course documents are available on our class page;
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There is a folder for each class labelled HW and Handouts for Class 1, etc. Consult that folder BEFORE each class. It contains the homework assignment/s that you must complete PRIOR to that class, as well as the handouts that we will be using during class (you should bring your computer to class with you every day. Even if you don’t use it for notetaking, it will give you access to the handouts); and
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You will hand in your graded assignments on TWEN.
Prior to our first Legal Analysis class on Monday, August 21st, please do the following:
-
Purchase the following books, which are available in the Hofstra Bookstore: Neumann, Legal Reasoning and Legal Writing (9th ed.); Sloan, Basic Legal Research Tools and Strategies (8th Edition); The Bluebook, A Uniform System of Citation (21st ed.) and Interactive Citation Workbook for the Bluebook (2023 Edition). Be certain that you have the correct edition for each book.
You need to register for both Westlaw and Lexis, the two computer assisted legal research providers that we will be using. Again, the Westlaw registration information is in the packet that you received from admissions. You received an email from the library director, Hunter Whaley, with your Lexis code. If should have you did not, check with Isaac Samuels in the Law Library.
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As previously mentioned, you must register for the TWEN page for this class imediately. I post homework and handouts on the page, and use it to communicate with the class. You will also be required to hand in most of your assignments using TWEN.
For our first class please read Chapters 1-3 in Legal Reasoning and Legal Writing. Because case briefing is so important, we will be reinforcing the skills that you were introduced to during orientation. Please review the case brief that you prepared for the Roberson case for your ITL class and bring it with you. If you did not brief that case for ITL, please do so before our first class; please also prepare Exercise II, on page 33. Finally, prepare a brief of the Costanza case on pp. 35-36, using the Case Briefing Form posted on TWEN.
A couple of comments about this assignment:- Please submit your typewritten Roberson and Costanza briefs through the “Assignments & Quizzes” tab on TWEN. This is how you will be submitting your assignments throughout the year so handing in the briefs this way is good practice.
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Feel free to download the Case Briefing Form and use it for your briefs in all of your classes if you wish.
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Be sure to allow enough time for this assignment as it is likely to take longer than you think and you will need to spend time looking up unfamiliar terms. You will be expected to participate in class discussions, even those held on the first day.
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Please print out and read through the Course Outline and Guidelines that are posted on the TWEN page for this class. We will be discussing them during our first session.
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Fill out the “Getting to Know You” form. The form is posted under the “Assignments & Quizzes” tab on TWEN. Once you have completed it, please submit it through the link that you will see on that page.
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We begin our study of legal research at the same time as our study of legal analysis and writing. To begin this process, there are three training sessions that you must complete (Lexis, Westlaw, and Legal Research Strategies 101):
All Westlaw and Lexis trainings will be done "live" on Zoom. These will be the only trainings offered and you MUST attend one. Attendance will be taken and a deduction will be taken from your professionalism grade for the course if you do not attend.
Lexis Week of Aug 21 Students can register using the links below or by going to www.lexisnexis.com/lawschool-
Monday, August 21st 1pm - 1:45pm
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Tuesday, August 22nd 1pm - 1:45pm
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Wednesday, August 23rd 1pm - 1:45pm
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Thursday, August 24th 1pm - 1:45pm
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Westlaw Week of Aug 28 Classes have been posted on the event training calendar on lawschool.tr.com.
It’s the same link for each session. https://us06web.zoom.us/j/7776514981
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- August 28, 2023 12:20 PM - 1:00 PM
- August 30, 2023 1:20 PM - 2:00 PM
- September 1, 2023 12:20 PM - 1:00 PM
- August 28, 2023 12:20 PM - 1:00 PM
Legal Research Strategies 101 presented by Professor Lisa Spar, Assistant Director for Reference and Instructional Services and Special Professor of Law. YOU MUST COMPLETE THIS ONLINE PRESENTATION BY 6 PM on AUGUST 31st. View the presentation.
There is a handout that you will need when you watch this video, it is posted on TWEN under a tab entitled “Legal Research Strategies 101 Handouts.” This video is interactive and requires you to respond to questions. I am able to monitor who participated in each of the three trainings, if you do not complete all three, a deduction will be made from your professionalism grade.
- Finally, you will need to bring your computer to every class session because all homework and handouts for class will be posted on the TWEN page.
I look forward to meeting each of you. In the meantime, enjoy the rest of your summer!
Legal Analysis, Writing & Research I
Legal Analysis, Writing & Research I (Section A-2)
First Assignment for Prof. Weintraub’s Class (Legal Analysis, Writing, and Research I)
In advance of class on Monday, August 21 (Class #1):
- In Legal Reasoning and Legal Writing, please read Chapters 1, 2 (do the Exercise on page 21), and 3 (do Exercises I, II, and III).
- Please write an essay no longer than one double-spaced page as to whether you think legal writing is important for lawyers. Submit your essay on Canvas (once I get our class site up and running) any time before our first class. This essay is not graded. It may help you to view some videos on this following website. The interviews are of Supreme Court Justices talking about legal writing. The videos are intended to be helpful and interesting—there is no required minimum number of videos or amount of time that you must watch.
Also, within the first two weeks of classes, please complete the following LEXIS and Westlaw legal research training sessions:
- LEXIS Introduction to Legal Research. Register by using the links below or at lexisnexis.com/lawschool. You must attend one of the following Zoom sessions:
- Introduction to Legal Research on Westlaw. The Zoom sessions are posted on Westlaw’s training calendar at lawschool.tr.com. It is the same link for each session: https://us06web.zoom.us/j/7776514981. You must attend one of the following sessions:
- August 28, 2023 12:20 PM - 1:00 PM
- August 30, 2023 1:20 PM - 2:00 PM
- September 1, 2023 12:20 PM - 1:00 PM
Legal Analysis, Writing & Research I (Section C-2)
Professor McElroy
Welcome to Hofstra Law School and to Legal Analysis, Writing & Research I. I am looking forward to working with you for the next academic year. This semester our classes are on Wednesdays and Fridays from 8:10 am -10:00 am in room 010 in Roosevelt Hall which is to your right as you are facing the law school.
The required books for the course are:
Neumann, Legal Reasoning and Legal Writing (9th ed.) and
The Bluebook: A Uniform System of Citation (21st ed.);
I have posted two documents on the course’s TWEN and Canvas pages which you should read prior to our first class. They are: (1) the syllabus; and (2) the Generative AI Policy for Legal Writing & Academic Honesty & School Code of Conduct.. You are required to read the Generative AI Policy for Legal Writing & Academic Honesty & School Code of Conduct, sign it and submit the signed copy to me prior to September 1st.
The TWEN page is entitled LAW&R I 2023 – McElroy. Please sign up as soon as possible as TWEN is how I communicate to the entire class and where I post assignments and materials. I will be using both platforms as I am transitioning to Canvas but I want to be sure you receive everything you need.
Below are the assignments for the first three classes.
CLASS & ASSIGNMENT SCHEDULE
Class No. 1
- Date: Wed. 8/23
- Reading Assignment:
- Read Chapters 1-3 and 5 in the Neumann book. As you read the Costanza case beginning on page 35, ask yourself which category of a case brief each sentence of the opinion is conveying. The brief template is posted on TWEN.
- Comments:
- Be prepared to discuss Exercises II & III in Chapter 3 (p. 33-34);
- Be prepared to contribute to the discussion creating a brief of the Costanza case (pages 35-36), using the briefing template on TWEN.
Class No. 2
- Date: Fri. 8/25
- Reading Assignment:
- Read In re $82,000 More or Less posted on TWEN and prepare a brief of the case using the briefing template also posted on TWEN.
- Read chapters 6 and 11-14 in the Neumann book; skim (and I do mean skim) pages 1 – 24 in the Bluebook.
- Comments:
- We will discuss the In re $82,000 case, the Bluebook and topics covered in Neumann reading.
- Read case series posted on TWEN for Wednesday.
Class No. 3
- Date: Wed. 8/30
- Reading Assignment:
- Read Chapters 7 and 9
- Read the Nansen v. Byrd exercise which is posted on TWEN and appears on pages 46-47
- Comments:
- Be prepared to discuss Nansen v. Byrd.
- Brief the case from the case series assigned to you and be prepared to discuss all cases.
- Librarian introduction.
Legal Analysis, Writing & Research I (Section B-1)
Professor Greene
Welcome to Legal Analysis Writing and Research and to Law School! Please complete the assignment below before our first class. I look forward to meet you all – Professor Greene
Read Chs 1-3; please pay special attention to the Roberson case (p. 26) and prepare Exercise II (p. 33).
Legal Analysis, Writing & Research I (Section D)
Professor White
Welcome to Hofstra Law School. Our first class is on Wednesday, August 23 from 4:10 – 6 p.m. in Kushner Hall, Room 242.
Prior to our first class, please:
- Purchase the following books, which are available in the Hofstra Bookstore:
- Neumann, Legal Reasoning and Legal Writing (9th ed.);
- The Bluebook, A Uniform System of Citation (21st); and
- Norton, Interactive Citation Workbook for The Bluebook (2023 ed.).
- Be certain that you have the correct edition for each book.
- You need to register ASAP for both Westlaw and Lexis, the two computer-assisted legal research providers that you will be using to conduct legal research. To register, please click the links below, and they will take you to the registration pages.
- Lexis Registration Link: https://register.lexisnexis.com
- Westlaw Registration Link: https://lawschool.westlaw.com/register
- Please register ASAP for the TWEN page for this class (via Westlaw). I post many class assignments and other documents there and use it to communicate with the class.
- In addition to registering for Lexis and Westlaw, you will need to participate in on-line research training for these providers as well as on-line research training from the law library. All of this training must be completed by Friday, September 1 at 5 p.m. The Lexis training will be conducted the week of August 21 and the Westlaw training will be conducted the week of August 28. The law library training is pre-recorded and can be done on your own schedule. Please consult the “Legal Research Training” document I posted on TWEN in the “Legal Research” tab for information on how to sign up/view each of these three trainings.
- Read the (i) Syllabus, and (ii) Class Schedule & Assignments Part I that I will be posting the week of August 14 on TWEN in the “Course Materials” tab. We will review these together in our first class.
- Read Chapters 1-3 and 6 in the Neumann Brief the following case posted in the “First Class Assignment” tab and be prepared to discuss in our first class: J’Aire Corp. v. Gregory, 598 P.2d 60 (Ca. 1979).
- Please complete the “Student Survey Fall Semester” posted on TWEN in the “First Class Assignment” tab and email it to me at lisa.m.white@hofstra.edu by noon on Tuesday, August 22. Your answers are confidential and will be read only by me.
Again, welcome to Hofstra Law School. I look forward to meeting each of you!
Legal Methods
Professor Charis Damiano
Administrative Details:
Class meetings: Tuesday and Thursdays: 8.10 am -9.30am in Koppl 206.
Email: Charis.J.Damiano@hofstra.edu
Office hours: Monday and Wednesday 10am -12pm and by appointment
Assistant: Jennifer Calautti, Room 223
Course webpage: CANVAS
First Assignment: The first class will be on August 22 2023.
Points for discussion:
- We will be reviewing the structure of the class and the semester;
- Please ensure that you have read the syllabus (posted on CANVAS) ahead of the first class;
- Please make sure that you have set up your passwords and access to LexisNexis, Westlaw, Hofstra Portal, West’s Study Aids and CALI.
Torts
Professor Bush
Reading assignment for first class:
Topic:
The Negligence “Theory”
“Wrongful” Conduct
Reading (in Franklin/Rabin Casebook [FR]):
FR pages 1-20 (Hammontree v. Jenner)
Topic:
Risk/Avoidance Theory
Reading (in Franklin/Rabin Casebook [FR]):
FR pages 37-55 (Brown v. Kendall, Adams v. Bullock, U.S. v. Carroll Towing)
FULL COURSE SYLLABUS AND FURTHER INFORMATION AVAILABLE ON “CANVAS” BY AUGUST 7.
Torts
Professor Caffarone
Welcome to Hofstra Law School. Our first class is on Tuesday, August 22 from 10:10-12:00 in room 230. Prior to our first class, please:
- Purchase the following book:
- Dan B, Dobbs et al., Torts and Compensation: Personal Accountability and Social Responsibility for Injury (2017 Concise 8th Edition).
- Review the Course Syllabus posted on Canvas.
- Read Dobbs, Chs. 1-2. Prepare case briefs of the Van Camp v. McAfoos and Dillon v. Frazer cases found in the reading. You may (but are not required to) use the briefing template provided on Canvas.
Please note that I will “cold call” students off a randomly generated list every class, including the first class.
Torts
Professor Campbell
The following are the assignments for the first week of class from the coursebook if anyone wants to read ahead. Also, please review the syllabus, which will be posted on Canvas and emailed to you, before the first day of class.
The course textbook is: Best, Barnes & Kahn-Fogel, Basic Tort Law: Cases, Statutes, and Problems (5th ed.)
- Class 1
- Introduction to Torts and overview of the class——pp. 1-14
- Negligence: The Duty of Reasonable Care. The Reasonable Person Standard —pp. 107-118 (Stop at Part III)
- Class 2
- The Range of Application of the Reasonable Person Standard— pp. 118-129; pp. 129-141
Best,
Colleen
Torts
Professor Greenwood
Welcome to torts!
Please register for the course on TWEN. You will find a course introduction and a syllabus including reading assignments there. Before the first class, please complete the first reading assignment and post an introduction.
The purpose of the introduction is for us to begin to get to know each other (not to impress future employers) so include something memorable about you or important to you.
You should also include anything that might be relevant to the course. Have you ever committed or been the victim of a tort? Worked in a field where employers worry (or don’t worry enough) about safety? Driven a car and thought you could hurt someone quite easily?
See you soon,
Dan Greenwood
Civil Procedure
Professor Gundlach
First Day Assignment
Please access my Canvas course page through the Hofstra portal, review the opening announcement, the syllabus, and the first module under Course Materials entitled Introduction and Overview Materials. Be sure to post a comment in the Discussion Thread entitled Introductions. And for our first class, read pp. 3-24 in the Freer Casebook.
Criminal Law (Section B2)
Professor Barron
The syllabus for the course is posted on its Canvas site. You should be able to access it. If you cannot, please let me know. My email is barbara.s.barron@hofstra.edu.
We will be using Kadish, Schulhofer, & Barkow, Criminal Law and Its Processes (11th edition) as our casebook. Your assignment for the first 2 weeks of class will come from the casebook and is set forth below.
Weeks 1 -2:
- Chapter 3: Legality, 189-232
- Chapter 1: Justification for Punishment, 1-40; 48-53
- Chapter 3: Proportionality 234-248
I look forward to our semester together.
Criminal Law
Assignment for First Class - August 24, 2022
Professor Evelyn Malavé
Room 100M
(516) 463-5874
evelyn.malave@hofstra.edu
Dear Class,
Welcome to Criminal Law!
Our text is: Kadish, Schulhofer, & Barkow, Criminal Law and Its Processes (11th ed. 2022)
Please read the assignment below for our first class on August 24, 2022.
Casebook (CB): 1-8, 67-75, 77-84, 16-27.
Please sign in on the Class TWEN page using your Hofstra email.
Shortly before classes start, I will post a syllabus on the TWEN page. Please review it before the first class.
I look forward to meeting you all soon, and enjoy the rest of your summer!
Sincerely,
Evelyn Malavé
Approaches to Legal Analysis & Writing (LAW-2734-1)
Hello, I are looking forward to seeing you in Approaches to Legal Analysis & Writing on Monday, August 22 at 10:10 in Room 202.
The coursebook we will use is titledLegal Reasoning Case Files, by Kris Franklin. This book should be available in the Hofstra Book Store. There is no prework before the first class. Please feel free to reach out to us with any questions.
Regards,
Prof Caporale - D'Agostino
Approaches to Legal Analysis & Writing (LAW-2734-2)
Hello, I are looking forward to seeing you in Approaches to Legal Analysis & Writing on Wednesday, August 24 at 10:10 in Room 202.
The coursebook we will use is titledLegal Reasoning Case Files, by Kris Franklin. This book should be available in the Hofstra Book Store. There is no prework before the first class. Please feel free to reach out to us with any questions.
Regards,
Prof Caporale - D'Agostino
Approaches to Legal Analysis & Writing
Hello, I am looking forward to seeing you at the first class of Approaches to Legal Analysis & Writing (ALAW) on Thursday, August 25 at 4:10PM in Roosevelt 010.
The coursebook we will use is titled Legal Reasoning Case Files, by Kris Franklin. This book should be available in the Hofstra Book Store. There is no prework before the first class.
Please feel free to reach out to me with any questions.
Regards,
Prof Lefton
Legal Analysis, Writing & Research I (Section C-2)
Professor Kevin McElroy
Welcome to Hofstra Law School and to Legal Analysis, Writing & Research I. I am looking forward to working with you for the next academic year. This semester our classes are on Monday and Wednesday from 8:10-10 a.m. in room 206. We may need to re-schedule our September 6th class to Tuesday or Friday afternoon, but we will discuss that in class.
The required books for the course are:
- Neumann, Legal Reasoning and Legal Writing (9th ed.) and
- The Bluebook: A Uniform System of Citation (21st );
I will be posting the syllabus on the course TWEN page soon. The TWEN page is entitled LAW&R I 2022 – McElroy. Please sign up as soon as possible as TWEN is how I communicate to the entire class and where I post assignments and materials. Before that be on the lookout for emails from me.
The assignments for the first three classes are:
CLASS & ASSIGNMENT SCHEDULE
- Class No. 1
- Date: 8/22
- READING ASSIGNMENT:
Read Chapters 1-3 and 5 in the Neumann book. As you read the Costanza case beginning on page 35, ask yourself which category of a case brief each sentence of the opinion is conveying. The brief template is posted on TWEN. - COMMENTS:
Be prepared to discuss Exercises II & III in Chapter 3 (p. 33-34); Be prepared to contribute to the discussion creating a brief of the Costanza case (pages 35-36), using the briefing template on TWEN.
- Class No. 2
- Date: 8/24
- READING ASSIGNMENT:
Read In re $82,000 More or Less posted on TWEN and prepare a brief of the case using the briefing template also posted on TWEN. Read chapters 6 and 11-14 in the Neumann book; skim (and I do mean skim) pages 1 – 24 in the Bluebook. - COMMENTS:
We will discuss the In re $82,000 case, the Bluebook and topics covered in Neumann reading. Read case series posted on TWEN for Monday.
- Class No. 3
- Date: 8/29
- READING ASSIGNMENT:
Read Chapters 7 and 9; Read the Nansen v. Byrd exercise which is posted on TWEN and appears on pages 46-47. - COMMENTS:
Be prepared to discuss Nansen v. Byrd. Brief the case from the case series assigned to you and be prepared to discuss all cases.
Legal Analysis, Writing & Research I (Section C-1)
Professor Stein
Welcome to Law School!
The assignment to be completed prior to the first class is posted on the TWEN page for our class, under a tab that reads “Assignment for First Class”. Once you have registered for Westlaw, sign up for the TWEN page, read the letter carefully and be sure to follow the instructions .
I look forward to meeting you all,
Professor Stein
Torts (Section C)
Professor Caffarone
Welcome to Hofstra Law School. Our first class is on Tuesday, August 23 from 10:10-12:00 in room 230. Prior to our first class, please:
- Purchase the following book:
- Dan B, Dobbs et al., Torts and Compensation: Personal Accountability and Social Responsibility for Injury (2017 Concise 8th Edition).
- Dan B, Dobbs et al., Torts and Compensation: Personal Accountability and Social Responsibility for Injury (2017 Concise 8th Edition).
- Review the Course Syllabus posted on Canvas.
- Read Dobbs, Chs. 1-2. Prepare case briefs of the Van Camp v. McAfoos and Dillon v. Frazer cases found in the reading. You may (but are not required to) use the briefing template provided on Canvas.
Please note that I will “cold call” students off a randomly generated list every class, including the first class.
Torts
Assignment for First Class
Professor Barbara Stark, Room 116 (Library), e-mail: lawbjs@hofstra.edu
Welcome to Torts! Our text is:
Dan B. Dobbs et al., Torts and Compensation: Personal Accountability and Social Responsibility for Injury (2017 Concise 8th Edition)
Please read the assignment set out below and be prepared to answer the indicated questions.
You do not need to print out the syllabus and power points, which will be distributed at the beginning of class. They are posted on TWEN for your convenience.
Also, please sign in on the Class TWEN page using your Hofstra email.
No Laptops or Phones During Class
This course does not lend itself to laptop note-taking. Surveys indicate that students are more satisfied with the learning environment in no-laptop courses. Although some students prefer to use laptops, a larger number of students in the surveys say that classrooms are quieter, they can hear the teacher and other students better, and they feel more engaged in the classroom experience with fewer distractions. Accordingly, in Torts you may not use a laptop or any other electronic device, including phones, during class. If these devices are out during class, I will assume you are using them, and you will be considered unprepared for that class.
CLASS 1
pp. 3-24
- What is a tort?
- What was wrong with Van Camp’s complaint against Mark?
- Please be prepared to answer the questions raised in Notes 3-6 at p. 10.
Fall - Upper Division
- Accounting & Finance for Lawyers — Professor Neurman
- Approaches to Legal Analysis & Writing — Professors D’Agostino (Caporale), Lefton and Louis
- Bankruptcy Law — Judge Scarcella
- Broker/Dealer Regulation — Professor Sabino
- Business Organizations — Professor Lyman
- Business Planning Seminar — Professor Galler
- Commercial Leasing — Professor Lefton
- Constitutional Law II — Professor Charlow
- Constitutional Law II — Professor Freedman
- Criminal Procedure I — Professor Gordon
- Criminal Procedure II: Adjudication — Professor Burke
- Delivering Access to Justice In a Challenged Society — Judge Fisher
- Derivatives Law and Regulation — Professor Kalbaugh
- Drafting & Negotiating Contracts & Statutes — Professor Neumann
- Elder Law — Professors Abrandt and Daleo
- Employment Law — Professor Fernbach
- Energy Law and Policy — Professor Hickey
- Entertainment Law — Professor Meggett
- Evidence — Professor Freedman
- Externship Seminar, Judicial — Judge Fisher
- Family Law with Skills — Professor Schepard
- Federal Courts — Professor Sample
- Federal Criminal Law — Professor Schroeder
- Federal Income Taxation of Individuals — Professor Galler
- Foundational Lawyering Skills — Professors Krieger and Gordon
- Fundamentals of the Law of Cybersecurity — Professor Kuperschmid and Professor Osborne
- Health Law — Professor Mazzagatti
- International Business Transactions — Professor Neumann
- International Human Rights — Professor Stark
- International Transaction Skills — Professor Lites
- Jurisprudence Seminar — Professor Sinha
- Labor Law — Professor Fernbach
- Law and Role of In-House Counsel — Professor Lampert
- Lawyers’ Ethics — Professor Liebmann
- Lawyers’ Ethics — Professor Louis
- Legal and Bioethical Responses to Healthcare Challenges — Professor Dunbrook
- Legal Research and Writing for International Students — Professor Damiano
- Mediation Seminar — Professor Diamond
- Mergers & Acquisitions — Professor Klein
- Perspectives in Legal Analysis & Writing — Professors Lefton, Louis and D'Agostino
- Pre-Trial Skills — Judge Cozzens
- Real Estate Development Seminar — Professor Ostrow
- Real Estate Transactions — Professor Castellanos
- Religion and The Constitution — Professor Charlow
- Selected Problems in New York Civil Practice — Professor Knobel
- Social Media and the Law — Professor Tabibi
- Secured Transactions — Professor Hamroff
- State and Local Government Seminar — Professor Herzfeld
- Trademarks — Professor Platt
- Wills, Trusts and Estates — Professor Gans
Accounting & Finance for Lawyers
Professor Neurman
There is no assignment for the first class.
Approaches to Legal Analysis & Writing
Professors D’Agostino (Caporale), Lefton and Louis
Hello,
Welcome to Approaches to Legal Analysis and Writing (ALAW). There is no pre-work assignment for the first class. We look forward to meeting you!
Profs. D’Agostino (Caporale), Lefton and Louis
Bankruptcy Law
Reading Assignment for Class 1 and Class 2
Professor Scarcella’s contact information:
Email: louis_scarcella@nyeb.uscourts.gov
Telephone: 631-712-6278
Faculty Assistant: Ms. Jennifer Calautti – Office 223
Class time and location:
Tuesdays, 4:10 p.m. – 7:00 p.m.
Room 205
Course Materials
- Epstein, Markell, Nickles & Ponoroff, Bankruptcy: Dealing with Financial Failure for Individuals and Businesses (5th ed.) (West 2021)
- Bankruptcy Code, Rules and Official Forms, 2023 Law School Edition, Charles J. Tabb (West Academic)
Reading Assignments
The reading assignments are from the course textbook, Bankruptcy: Dealing with Financial Failure for Individuals and Businesses. Also, please read the Bankruptcy Code sections discussed in the reading materials and as set forth below in the reading assignments. The Bankruptcy Code sections are in Bankruptcy Code, Rules and Official Forms. The reading assignments are intended as background for the concepts that we will be discussing in class.
Class 1: August 22
- Introduction and Alternatives to Bankruptcy
- 1-7, 13-14
- 18-34
- problems 2-1, 2-2, 2-3 on pp. 36-37
- Commencement of the Bankruptcy Case: Voluntary and Involuntary Filing
- 97-99 (up to problem 4-1)
- 107-108; problem 4-5 on p. 109
- Bankruptcy Code § 101(13), 301, 302, 303
- Bankruptcy Code § 109(e): Debt ceiling for Chapter 13: $2.75 million of combined secured and unsecured debt
- Official Forms 101 and 201
Class 2: August 29
- Claims
- Official Form 106E/F (Schedules) and Official Form 410 (Proof of Claim)
- 66-67; problems 3-14 to 3-16; Bankruptcy Code §101(5)
- 152-157; problems 5-21, 5-22; Bankruptcy Code §§ 501, 502(a), 502(b)(1), (2), (6), 1111(a)
- 157-163; problems 5-25, 5-26 (parts 1 and 2); 5-29, 5-31
Bankruptcy Code §§ 507(a)(1), (2), (4), (5), 503(b)(1), (2), (9) - 168-173 (up to Turnover of Repossessed Collateral)
Bankruptcy Code § 510(a), (c); problems 5-32, 5-33, 5-34
- Secured Claims
- Official Form 106D
- 81-86; problems 3-18, 3-19
- Bankruptcy Code 506(a)(1), (2)
- Equality of Distribution, pp. 58-59
Broker/Dealer Regulation
Professor Sabino
Dear Students:
Welcome to Broker/Dealer Regulation for the Fall of 2023.
This is an Upper Division class.
This is also a fully “in person” class. No remotes, unless I have an emergency.
Please consult the Syllabus for your first class readings (as well as the subsequent ones).
The first class is Monday, 21 August 2023, commencing at 4:10 P.M. sharp.
Specifically, the first class readings are:
- Chevron, U.S.A. v. Natural Resources Defense Council, 467 U.S. 837 (1984); Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723 (1975).
Please enjoy the remains of your summer, and I shall see you in class.
Prof. Sabino
Business Organizations
Professor Lyman
Hofstra Law School
Business Organizations – Professor Lyman – Fall 2023
Texts: Assignments are from Bainbridge, Business Associations (11th edition 2021) [“KRB” below]. The Restatement 3d of Agency can be found in the assigned supplement, or you can find it online.
Class web page: You are required to register on the TWEN site for this class with an email address that you check regularly; the website facilitates the exchange of ideas and provides interested students with an opportunity to participate in online discussions. Registration and participation are an essential part of this course. Students should check the website regularly throughout the semester.
Please note: I use power point slides in class, and I will post them on the TWEN site under “slides” at least 24 hours before each class.
Assignment: Please read the following for our first class.
AGENCY:
- Overview and the agency relationship
- SB 1-16; 33-4 [Review problems];
- Restatement 3d of Agency, Chapter 1
Thanks!
Business Planning Seminar
Professor Galler
Assignment for Friday, August 25, 2023: Please read casebook pages 35-51 and prepare to discuss Problem 3-A.
Commercial Leasing
Professor Lefton
Welcome to Commercial Leasing. We will use the following casebook:
Bogart, Hammond & Marsh, Commercial Leasing: A Transactional Primer (2020)
Please read Chapter 1 (Letter of Intent) before the first class. I look forward to seeing you on Thursday, August 24th at 10:10AM in Roosevelt 010.
If you have any questions before class, please feel free to reach out to me.
Regards,
Nicole R. Lefton (she/her/hers)
Professor, Director of Academic Support & Bar Exam Preparation
Maurice A. Deane School of Law at Hofstra University
121 Hofstra University, Ste. 223A,
Hempstead, NY 11549
(516) 463-4008
Nicole.R.Lefton@Hofstra.edu
Constitutional Law II
Professor Charlow
Fall 2023
First Assignment
Text: Choper, Dorf, Fallon, and Schauer, Constitutional Law, 14th edition,
plus 2023-2024 Supplement (not yet available)
Assignment for the first week (Monday August 21 – Wednesday August 23):
Incorporation, Text pages 419-435
Reproductive Freedom, pages 436-497
Constitutional Law II
Professor Eric M. Freedman
Assignments for First Week of Class
- Go to Canvas and make sure you have access to this course.
- Download the Part 1 of the syllabus and read it with care through Unit I. Allow ample time for this.
- Prepare Assignments 1 -3 for the first week of class as indicated in the syllabus.
- In the event of any logistical difficulties, contact my always-helpful assistant, Joyce Amore Cox, Joyce.A.Cox@hofstra.edu.
E.M.F.
Criminal Procedure I
Professor Gordon
Welcome to Crim Pro I
Required Text
You may use either the softbound or hardbound version of the Dressler, Thomas, and Medwed Criminal Procedure casebook (8th Edition). The softbound version contains all chapters from the hardbound version that we will be discussing this semester. The hardbound version includes chapters that go beyond the topics covered in this course. Page numbering is the same in both versions.
Hardbound:
Criminal Procedure: Principles, Policies, and Perspectives, 8th Edition - ISBN: 9781636597904
Softbound:
Criminal Procedure, Investigating Crime, 8th Edition - ISBN: 9781647087739
For the First Class:
Assignment #1
Watch:
The Bill of Rights: Overview by constitutioncenter.org
https://youtu.be/tBlXRS_Npno
Failures, pp. 9-31
Gerald B. Lefcourt – Responsibilities of a Criminal Defense Attorney, pp.31
America the Violent, pp. 32-35
The Norms of the Criminal Process, pp. 35-44
The Bill of Rights and the Fourteenth Amendment: The Incorporation Story, pp.47-48
The Best Trial in the World, pp. 61-66
Criminal Procedure II: Adjudication
Professor Burke
The required text book is Criminal Procedure: Adjudication (4th ed) by Erwin Chemerinsky & Laurie Levenson, ISBN 978154384609. No supplement is necessary.
The reading assignment for the first class is pages 1-11 and 31-50 (end before section C).
I’m looking forward to getting to know you this semester.
-Prof. Burke
Delivering Access to Justice In a Challenged Society
Judge Fisher
View training videos particularly the Zendesk video. See syllabus for reading assignment
Judge Fern Fisher (Ret)
Derivatives Law and Regulation
Gary E. Kalbaugh
Classroom: KOPPL 0205
CRN: 93793
6:10 PM-8 p.m.
Gary.E.Kalbaugh@hofstra.edu
Course Materials: Kalbaugh, Derivatives Law and Regulation, 3d ed. (Carolina Academic Press 2021), ISBN: 978-1531021108. Other materials will be made available via TWEN or class handouts.
FIRST DAY ASSIGNMENT
Please read Derivatives Law and Regulation, pages 3–45 in advance of our first day of class. Please also go to the course page for the class at TWEN for the syllabus and other materials.
Drafting & Negotiating Contracts & Statutes
Professor Neumann
The First Two Weeks of Class
Class will not meet on August 22 or 24. The first DNCS class will be August 29.
The August 29 and 31 classes might be 10 or 15 minutes longer than usual.
You have received the following by email:
- the Syllabus (which is also in the Drafting Supplement, pages 1–9)
- A Word file titled “DNCS – classes 1 & 2”
- Another Word file: “DNCS – classes 3 & 4"
Please read the Syllabus right now. The Word files are for exercises that require you to rewrite badly drafted provisions. See the syllabus, pages 5 and 6.
Readings for class are heavier at the beginning of the semester to prepare you to draft documents on your own. There will be less reading later while you’re drafting.
Chapters, pages, and exercises listed below are in the drafting textbook — unless the Drafting Supplement is specified.
For Tuesday, August 29 —
(This is a lot of reading. Set aside plenty of time for it.)
- Read Chs. 1, 2 & 3 (pp. 3–42)
- Read Apps. A & B (pp. 515–521)
- In the Drafting Supplement, read pp. 11–33
- Read Chs. 5 & 6 (pp. 57–79)
- (Be prepared to discuss all of the above.)
- Do Excs. 5-A and 5-B (pp. 67–70) — use the Word file titled “DNCS – classes 1 & 2”
- Do Exc. 6-A (pp. 79–80) (but not the 2d item on p. 80) — use the Word file “DNCS – classes 1 & 2”
- In the Drafting Supplement, read pp. 34–39 and do the Find the Gaps exercise on p. 39
For Thursday, August 31 —
- Read Ch. 7 (pp. 81–100)
- Do Excs. 7-A, 7-B, 7-C, and 7-D (pp. 100–101) — use the Word file “DNCS – classes 1 & 2”
Tuesday, September 5 —
No DNCS — Monday classes meet this day.
For Thursday, September 7 —
- Read Chs. 8 & 9 (pp. 103–125)
- In the Drafting Supplement, read pp. 44–55
- Do Exc. 8-A (p. 115) — use the Word file “DNCS – classes 3 & 4”
- Do Excs. 9-A, 9-B, and 9-C (pp. 125–127) — use the Word file “DNCS – classes 3 & 4”
Elder Law
Professors Abrandt and Daleo
The Developing Field of Elder Law Redux: Ten Years After
University of Illinois Elder Law Journal, Vol. 10, p. 1, 2002
U. of Pittsburgh Legal Studies Research
14 Pages Posted: 23 Feb 2009
Abstract
In 1993, Professor Frolik helped initiate The Elder Law Journal's first issue with his essay, The Developing Field of Elder Law: A Historical Perspective. Today, with the publication of the tenth volume of the Journal, Professor Frolik looks back over the past decade to reflect on the changes that have occurred within the field. In the past, he writes, Medicaid planning was thought by many to be the core of an elder law practice. This was not the case ten years ago, however, and it is certainly not true in the twenty-first century; elder law attorneys must practice in multifarious areas that, taken together, constitute late life legal planning. In his essay, Professor Frolik examines some of the fields that interface with elder law, such as estate planning, retirement planning, and health care. He concludes by describing some of the reasons that elder law's acceptance in the academy has been slow, despite its growth in private practice, and notes the difficulties young attorneys face in receiving elder law training.
Keywords: elder law practice, development, legal education, training, estate planning, retirement planning, health care, health insurance
Suggested Citation:
Frolik, Lawrence A., The Developing Field of Elder Law Redux: Ten Years after. University of Illinois Elder Law Journal, Vol. 10, p. 1, 2002, U. of Pittsburgh Legal Studies Research, Available at SSRN: https://ssrn.com/abstract=1348080
References
- Lawrence A Frolik & Melissa C Brown
For example, in some states, the purchase of an annuity is not considered a disqualifying transfer of assets for Medicaid eligibility purposes, while other states, such as Pennsylvania claim it is
ADVISING THE ELDERLY OR DISABLED CLIENT, p. 14 - 18 Posted: 2001
- This is true although both states are interpreting the same federal Medicaid stat ute. 16. Current Medicaid planning can be traced from the 1993 amendments to the Medicaid statute. 42 U.s.c. § 1396a Posted: 1994
- E G See , Eric M Carlson , Long-Term Care Advocacy
Posted: 1999
- J Susan
Crossref
Employment Law
Professor Fernbach
Tuesday and Thursday 8:40 am- 10:00 am, Rm Roosevelt 10
Textbook: Employment Law, Cases and Materials, Ninth Edition, 2020, Foundation Press
By Rothstein, Liebman Yurako, & Garden.
Session 1
- Chapter 1 Work & Law – 3-14
- Chapter 2 Overview and Development of Employment Law
- Pages 18-42
Energy Law and Policy
Professor Hickey
1st Assignment for Tuesday 8/22 and Thursday 8/23
Dear Class:
Welcome Back for the Fall Semester and welcome to Energy Law and Policy!
The Syllabus will be posted next week on Canvas.
Our first assignment is pages 1-33 of Chapter One of our casebook. The casebook is the same one used as last year, -- the 5th Edition of Eisen, Hammnd et al, Energy, Economics and the Environment, Cases and Materials published by Foundation Press (2020).
We will also take up pages 1-11 of our “Chapter One Handouts” which will be posted in Canvas “hopefully” this week. I will also bring hard copies for you of Chapter One handouts to our first class.
During our first classes, we learn fundamental notions to which we will refer back to repeatedly throughout the course:
- Who “does” Energy Law and how does one go about becoming an Energy Lawyer? What do energy lawyers “do”?
- What is energy and how does energy do work for us human beings? What are the fundamental predicates upon which the body of energy laws is constructed?
- We will spend some time examining the energy flow charts on pages 4-8 of the Chapter One handouts. Try to become familiar with these energy flow charts as they present a useful “picture” of the USA’s energy sources and uses and the relations amongst them. These energy flows are greatly affected by energy laws and regulations.
- We will learn about energy fuel cycles and government regulatory cycles and the relation between them. That relationship is fundamental to crafting energy laws and regulations and understanding energy laws and regulations already crafted. That relationship, we will learn, is determined most fundamentally by politics and economics.
There is a very helpful introduction to energy and its use on the Federal Energy Information Agency’s (EIA) “Kids page”.
Best Regards
JEH
Entertainment Law
Evidence
Professor Eric M. Freedman
Assignments for First Week of Class
- Go to Canvas and make sure you have access to this course.
- Download Part 1 of the syllabus and read it with care through Unit I. Allow ample time for this.
- Prepare the assignments for the first week of class as indicated in the syllabus.
- In the event of any logistical difficulties, contact my always-helpful assistant, Joyce Amore Cox, Joyce.A.Cox@hofstra.edu.
E.M.F.
Externship Seminar, Judicial
Judge Fisher
Learning Goals Memo due day before class by 5pm. See syllabus for content guidelines
Judge Fern Fisher (Ret)
Family Law with Skills
Professor Schepard
Welcome to FLWS for Fall 2023. I look forward to working with you.
Find the Course site on Canvas. This will be our principal communications vehicle. Be sure you can access all the parts of Canvas site.
Here is the assignment for our first class
Monday, 8/21/23
- Getting to Know You and Each Other
- Course Overview and Policies, etc.
- Family Law: Past and Present
- Getting to Know You
You will be assigned a partner in advance of class. Contact your partner via Zoom in advance of class and interview him or her on the following questions;
- Name and year (2L, 3L)
- Where are you from?
- What is your experience with Family Law (you don’t need to have any)?
- What do you want to get out of the Course?
- Fun fact about you that you are willing to share (e.g. I was the Tuba player in my high school marching band)
You can also find these questions in the Canvas folder under Assignments labelled “Opening Day Materials.”
Be prepared to introduce your partner to the class based on how he or she answers the interview questions in about 30 seconds.
- Course Philosophy and Requirements
- Read Course Overview and Course Schedule and Assignments. It can be found Syllabus Section of the Course Canvas site)
- An article on the philosophy and development of Family Law with Skills Can be found in the Canvas folder “Opening Day Materials under “Assignments”
- Course Overview
- Read OV (Oliphant & Ver Steegh) 3-24 (this is our course textbook)
- Read Brooke S.B. v. Elizabeth A. C.C., 28 N.Y.3d 1, 61 N.E.3d 628 (2016) (Can be found in Opening Day Materials folder)
- Opening Day Questions – You will find the questions in the Opening Day materials folder. Answer the questions individually. Please be prepared to discuss your answers in class.
- Review the power point slides in the Opening Day Materials folder on:
- Ten Questions About Family Law
- Historical Background
- Brooke SB Questions
Federal Courts
Professor Sample
First Assignment: Review the full syllabus (found on Canvas) and read per below.
If you are using H&W
- 6th edition Casebook pp. 49-80 (please read for the first class)
- 7th edition Casebook 49-81
- Marbury v. Madison,
- Note – Historical Background,
- Note – Jurisdictional Holdings,
- Note – Arguments for Judicial Review,
- Note – Function of Adjudication,
- Supreme Court and the Models,
- Discretion, Prudence, and the Judicial Function
If you are using Siegel (2nd) (pagination for 3rd edition should be similar)
- Siegel 2nd pp. 3-middle of page 26
- Marbury v. Madison & Notes and Questions
- Cooper v. Aaron
- [Skim] Jackson’s veto message & Lincoln’s First Inaugural Address
- [Skim] Notes on judicial supremacy
Federal Criminal Law
Professor Schroeder
First Day Reading Assignment
Read pages 1 through 57 in the casebook:
Federal White Collar Crime: Cases and Materials, 8th edition
by Julie R. O'Sullivan
West Academic Publishing
ISBN-13: 9781636593852
Federal Income Taxation of Individuals
Professor Galler
The casebook for the course is Freeland, Lathrope, Lind & Stephens, Fundamentals of Federal Income Taxation (20th edition 2022).
In addition, we will be using Lathrope, Selected Federal Taxation Statutes. The 2021, 2022 and 2023 editions are acceptable.
For our first session (Monday, August 21, 2023), please read item #1 on the course syllabus that is posted on the course TWEN page. A pdf of the assigned pages is available on the course TWEN page for students who do not yet have their books.
WE WILL BE USING TWEN, NOT CANVAS, IN THIS COURSE.
Foundational Lawyering Skills
Professors Stefan H. Krieger and Celia Gordon
Assignment for Large—Group Class – August 24, 2023: Introduction to the Course
Readings: ELS chs. 1, 2 (pp. 3-24) and 10 (pp. 175-84)
The first class in the course will be the large-group class on Thursday, August 24. No Skills Lab is scheduled for Tuesday, August 22.
All the materials for all of the sections of the course are available on Canvas for the course FOUNDATIONAL LAWYERING SKILLS (no section). We have posted in the Modules tab on Canas the course syllabus and materials for each unit of the course. (The course syllabus is available as a Module, not in the Syllabus tab on Canvas.)
In our August 24 class, we will start by reviewing the goals of this course and providing a general overview of the topics we will cover. We will also answer any questions about the course, the syllabus, or evaluation process.
Then, we will show the class a clip from a film and ask you to identify all the significant facts that are shown. For this exercise, we will focus on the discussion in chapter 10 of the text.
Fundamentals of the Law of Cybersecurity
Steven J. Kuperschmid
Nicole E. Osborne
First Class Assignment
- Cybersecurity Tech Basics: Hacking and Network Intrusions: Overview, Practical Law Practice Note
- Cybersecurity Tech Basics: Malware and End User Attacks: Overview, Practical Law Practice Note
- Cybersecurity Tech Basics: Ransomware: Overview, Practical Law Practice Note
Health Law
Professor Frank A. Mazzagatti
First Class Assignment
- The assignment for first class meeting on Tuesday August 22, 2023:
- Casebook pp. 1-12; 12-15 (incl. notes 1-3); 16-18; 21-30 (incl. notes 1, 2 and 4)
- Brief: Katskee v. Blue Cross/Blue Shield of Nebraska
International Business Transactions
Professor Neumann
Assignments for
Monday, August 28
and
Tuesday, September 5
IBT will notmeet on August 21. The first IBT class will be on August 28.
The second IBT class will be on a Tuesday because Labor Day is on Monday, Sept. 4.
(See pages 2 and 3 in the syllabus, which you have already received by email.)
In the assignments below, “CB” means the casebook.
“IBT Suppl” means the International Business Transaction Supplement distributed through the law school copy room. See the syllabus p. 2. The hard copy you’ll get in the copy room is black-and-white. Some pages have pictures that were originally in color. I’ll distribute color duplicates of those pages as PDF email attachments.
“Prob” = a Problem in the CB. When a Problem is assigned, we’ll cover it in class, and you might be called on. (Skip Problems that aren’t assigned.)
“bot” = bottom of a page
The Documents Supplement (the “Docs Suppl”) (see syllabus p. 2) contains statutes, CISG, etc. When the CB or the IBT Suppl refers to a statute, a CISG section, or something similar, read it in the Docs Suppl. You need to know the exact wording. That’s what lawyers interpret every day.
- For Monday, August 28 —
- (This is a lot of reading. Set aside plenty of time for it.)
- IBT Suppl — pp. 9–22
- CB — pp. 1–61 — including Probs 1-7 & 1-8
- IBT Suppl — p. 27(bot)–p. 34(top)
- CB — pp. 63–89(top) — including Prob 2-2
- For Tuesday, September 5
- IBT Suppl — pp. 23–27(top)
- CB — pp. 89(bot) to 107(top) — including Probs 2-3 & 2-4,
-
-
-
- the two Biddle Brothers cases, Prob 2-5,
- the Julia case (Comptoir p. 98), & Prob 2-6
-
-
-
International Human Rights
Professor Barbara Stark
Room 116 (Law Library)
Phone: 516-463-5994, e-mail: lawbjs@hofstra.edu
I am generally available to meet after class. (I am not available before class.) In addition, if you email me, I’m happy to schedule a mutually convenient time to meet with you.
TEXT
Philip Alston & Ryan Goodman, International Human Rights (2013)
NO LAPTOPS OR PHONES DURING CLASS
This course does not lend itself to laptop note-taking. Surveys indicate that students are more satisfied with the learning environment in no-laptop courses. Although some students prefer to use laptops, a larger number of students in the surveys say that classrooms are quieter, they can hear the teacher and other students better, and they feel more engaged in the classroom experience with fewer distractions. Accordingly, in International Human Rights you may not use a laptop or any other electronic device, including phones, during class. If these devices are out during class, I will assume you are using them, and you will be considered unprepared for that class.
First Assignment
Class #1
pp. 3-17
Questions starting at the bottom of p. 3-4, p. 17
1. Human Rights Concepts and Discourse
A. Global Snapshots
Welcome to International Human Rights! Please register for the seminar on TWEN, using your Hofstra email. Please read the assignment and be prepared to discuss the indicated questions. Please also read this short article from the New York Times. (All students have free access to the Times through the law school library.) The PowerPoint for the first class will be posted on TWEN and a Handout will be distributed during the first class (with space for notes.) A syllabus will also be posted on TWEN and distributed during our first class.
See you soon!
International Transaction Skills
Professor Lites
- Short articles:
- Absolute Advantage
- Comparative Advantage Comparative Absolute Advantage Globalization Impact
- International Trade Theory (Anderson) How Do Tariffs Protect Domestic Industry
- Tariffs on China Don’t Cover the Costs of Trump’s Trade War
- 2023: The Year the Global Supply Chain Bounces Back
- S. Supply Chain Woes Shift and Persist in 2023
- [Question: should trade continue to be global? Be prepared to answer “yes” or “no” and defend you answer.]
- Two weeks prior to our first class, each student will receive memos related to our first class exercise, along with documents that you will negotiate with your designated adversaries.
All of the above will be posted on Blackboard and emailed to each registered student using their email address in the class roster.
Jurisprudence Seminar
Professor Sinha
Welcome to Jurisprudence! For our first meeting, please read Crito by Plato. It will be available on Canvas by the end of the first week of August, along with the syllabus and the readings for the next few classes. (We will begin to use the assigned book a bit later in the course, so there’s no rush to acquire it.)
I will reach out to the class in the days before our first meeting. In the meantime, feel free to contact me directly if you need anything: alex.sinha@hofstra.edu.
Labor Law
Professor Fernbach
Tuesday and Thursday 10:40 am-12:00pm Rm. 242
Text:
- Labor Law Cases and Materials, Cox, Bok, Gorman and Finkin, 17th edition, University Casebook, Foundation Press.
- 2022 Statutory Appendix and Case Supplement
Session 1 – Overview of Course Objectives
The historical development of the regulation of the Labor-Management relationship in the United States.
Read Cox- p 5-55
During this session we will cover the following cases:
- Vegelahn v. Guntner, Cox, p. 7-13 (Use of injunction in private labor Disputes.
- Application of Anti-trust Law to Labor Disputes -Sherman, Clayton, and Norris-Laguardia Anti-Trust Statutes
- Loewe v. Lawlor, (Danbury Hatter’s Case)
- Cox, p. 20-23
- Thornhill v. Alabama, Cox, p. 36-40
Wagner Act (NLRA– Creation of the NLRB and its Constitutionality)
Pages 41-55 of Text
Law and Role of In-House Counsel
Professor Lampert
First Day Assignment
- The syllabus is on TWEN. Please review it before the first class.
- We will use Poll Everywhere starting with the first class: it can be used in a browser, by app, or by texting. My url is https://pollev.com/MICHAELLAMPE793. Or you can text MICHAELLAMPE793 to 37607 to join. Or use this QR Code:
So please do bring a device (phone with texting ability, smartphone, tablet, or laptop) and, if possible, download the app for a better experience. If you don’t have a device, email me and I will address it.
- Syllabus - INTRODUCTION (week 1)
Who are in-house counsel and what do they do? An overview of the degree to which lawyers are employed by business, governmental and non-profit organizations to provide them legal advice for a salary (and perhaps bonus, stock or both) instead of any other fee arrangement – hourly or contingent. A foreshadowing of the effect of this on their advice, independence, perceived independence, licensing, and their exposure to liability. Questions of in-house counsel's role as clients, as lawyers, and a preview of questions of who acts for the organization.
- Reading Materials:
- Excerpt from The Inside Counsel Revolution by Ben Hieneman, former GC, GE.
- Compare our curriculum with the real world.
- Becoming In-house Counsel, ACC. READ ONLY THROUGH END OF SECTION III, PAGE NUMBERED 19.
- Management expectation
- Biggest Challenges Facing General Counsel 2022
- ACC Chief Legal Officers Survey Key Findings: READ ONLY Introduction (p. 4) and Key Findings (pp. 5-9 using the printed numbers, not the Adobe page count).
- GC in the boardroom – READ ONLY Executive Summary (through page 7 ONLY)
- Reading Materials:
Lawyers’ Ethics
Professor Liebmann
CRN# 93823; Course #2897
Assignment for First Class
Welcome to Lawyers' Ethics! Your assignment for our first class is as follows:
- Sign onto the course Canvas page.
- Read the Syllabus for the course, and come to class with any questions you have.
- Purchase the 2023 Model Rules of Professional Conduct (available through Amazon or on the American Bar Association website).
- Read the Rules assigned on the Unit 1 Assignment Memo (Part I), which is available on the course Canvas page.
- Listen to the 50-minute "Buried Bodies" podcast (link available under Unit 1 course materials on the course Canvas page).
- Consider the questions listed below regarding the case described on the Buried Bodies podcast:
- How did Armani address the fact that he had never handled a murder case before representing Garrow? Does that comport with Rule 1.1?
- Do you think it was ethical of Armani and Belge to go and view the “buried bodies”? Is that consistent with Rule 1.3?
- How did the promise of confidentiality help Armani and Belge in their representation of Garrow?
- Does the current Rule 1.6 contain an exception that would have allowed Armani or Belge to contact the police about the buried bodies? If not, do you think it should?
- Do you think it was proper for the prosecutor, in assessing whether or not to accept the plea deal presented by Armani and Belge, to consider whether he would “look bad” if he accepted the deal?
- Aside from the ethics rules, what do you think would have been the right thing for Belge and Armani to do regarding disclosure of the bodies’ location? Is it ok if the “right thing” is different from the ethics rules?
Lawyers’ Ethics
Professor Louis
Welcome to Lawyers’ Ethics (LAW-2897-B). Your assignment for our first class on Monday, August 21, is to read pages 3-18 and pages 21-41 of our course book, Legal Ethics in the Practice of Law, Zitrin, Cole, and Casey, 5th edition.
I look forward to meeting you. I plan to email the syllabus to the class on or before August 18. Please feel free to reach out to me if you have any questions.
Best,
Prof. Louis
C.Benjie.Louis@hofstra.edu
Legal and Bioethical Responses to Healthcare Challenges
Professor Dunbrook
Week 1- Background for the Course
- Janet L. Dolgin and Lois L. Shepherd, Bioethics and the Law (4ed. 2019) (Dolgin and Shepherd), pp. 5-22, 26-34
- Mark Davies, An Introduction to the Structure and Sources of American Law
- Thomas R. McCormick, Principles of Bioethics, Bioethics and Humanities, University of Washington
- Daniel Callahan, Bioethics and Policy—A History, Bioethics Briefings, The Hasting Center
Legal Research and Writing for International Students
Professor Charis Damiano
Administrative Details:
Class meetings: Monday and Wednesday: 8.10 am -9.30am in Kushn 0242.
Email: Charis.J.Damiano@hofstra.edu
Office hours: Monday and Wednesday 10am -12pm and by appointment
Assistant: Jennifer Calautti, Room 223
Course webpage: CANVAS
First Assignment: The first class will be on August 21 2023.
Points for discussion:
- We will be reviewing the structure of the class and the semester;
- Please ensure that you have read the syllabus (posted on CANVAS) ahead of the first class;
- Please make sure that you have set up your passwords and access to LexisNexis, Westlaw and the Hofstra Portal.
Mediation Seminar
Mergers & Acquisitions
Professor Klein
First Assignment – reading material - please see the links below:
View Reading Assignment - Part 1 (PDF)
View Reading Assignment - Part 2 (PDF)
View Reading Assignment - Part 3 (PDF)
View Reading Assignment - Optional Reading (PDF)
Perspectives in Legal Analysis & Writing
Welcome to Perspectives in Legal Analysis & Writing. The class will meet in person. However, we will also use an online classroom component for this course called Matrix. You will submit and receive all assignments through Matrix. You will receive an email from BARBRI with login information to access the Matrix course page prior to the first day of class. If you do not receive an email, please contact Cara.M.Caporale@hofstra.edu.
Aside from accessing Matrix, there is no prework before Class 1 . We will use a course book that will be distributed in class on 8/22.
We look forward to seeing you on Tuesday, August 22 at 2:10PM in Room 308.
If you have any questions before class, please feel free to reach out to one of us.
Regards,
The ASP Team
(Profs Lefton, Louis and D'Agostino)
Pre-Trial Skills
Judge Cozzens
The assignment for the first class, Tuesday 8/22: Obtain a copy of the class book New York Pre-Trial Practice Guide from the copy center. Read pages 3-12.
Real Estate Development Seminar
Professor Ostrow
Time: Wednesday, 2:10 – 5:00
Location: Room 238
For our first class, please read “What is Real Estate Development Law and the Ten Stages of Deal,” which is posted on our Canvas site.
Real Estate Transactions
Professor Castellanos
Required Materials:
- Berger, Johnstone & Tracht, Land Transfer & Finance (6th ed. 2011).
Date: Aug. 24
- Introduction to Real Estate Transactions
- 67-74
- Residential Contract of Sale (NY Bar Form) (skim)
- The Contract Stage
- Brokers
- 1-12, 19-42, 62-66
- 1067-1069
- NY Real Prop Law § 443
- Brokers
Religion and The Constitution
Professor Charlow
First Assignment – Fall 2023
Text:
- Religion and the Constitution by McConnell, Berg & Lund (5th ed. Wolters Kluwer 2022) and 2023-2024 Supplement (online—see Syllabus on Canvas for access instructions)
For Tuesday, August 22, 2023, read:
- Defining Religion - pp. . 669-688, 701-705, Supplement (Yeshiva University)
- History - pp. 13-19, 50-61
Full Syllabus is available on Canvas.
Selected Problems in New York Civil Practice
Professor Knobel
Textbook: Chase & Barker (“CB”) Civil Litigation in New York [7th edition]
Treatise: Siegel, New York Practice [6th ed]
August 25 Subject Matter Jurisdiction
- Pages xxxi – xxxvi; 123-155; problem A
- Article VI NYS Constitution; Judiciary Law 190; CPLR 325
Social Media and the Law
Professor Tabibi
Class 1 Reading Assignments
The following reading materials should be accessed from Westlaw:
- PhoneDog v. Kravitz, 2011 WL 5415612 (N.D. Cal. Nov. 8, 2011).
- Eagle v. Morgan, 2013 WL 943350 (E.D. Pa. Mar. 12, 2013).
- Salonclick LLC v. SuperEgo Management LLC, 2017 WL 239379 (S.D.N.Y. Jan. 18, 2017).
- JLM Couture, Inc. v. Gutman, 2023 WL 2503432 (S.D.N.Y. Mar. 14, 2023).
Secured Transactions
Fall 2023 - Wednesday 8:10-10 a.m.
Hofstra Law School • Kushner Hall 243
Adjunct Professor Marc L. Hamroff
Contact info:
Moritt Hock & Hamroff LLP
400 Garden City Plaza
Garden City, NY 11530
Website: www.moritthock.com
mhamroff@moritthock.com
Tel: (516) 873-2000
Fax: (516) 873-2010
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Coursebook: Problems and Materials on Secured Transactions, 5th Ed. Sepinuck (West Press)
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Selected Commercial Statutes For Secured Transactions 2022 (or most current)
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Agreement Binder
(To be supplied at first class)
Syllabus as of August 1, 2023
Updates will be posted on the Website
Goal of the Problem-Solving Method
The course will address a wide variety of commercial transactions essential to a student contemplating a career in commercial law including creditors rights, bankruptcy, securities, commercial and real estate lending, finance and business litigation. A primary focus of the course will be UCC Article 9 but will also include the interplay between Article 9 and the bankruptcy laws, other state and federal created liens (both statutory and judicial) and other types of financing structures. The nature of these topics will expose students to real life commercial transactions including problem solving and strategy decision practitioners must make in litigating and structuring these business arrangements.
This course is designed for you to learn a statutory scheme that regulates security interests in personal property (Article 9 of the Uniform Commercial Code (UCC)). The legal rules are not a mystery, they are printed right in the statute book. The critical learning is to understand how the statutory provisions apply to particular factual scenarios, the alternative arguments that can be made about how they apply, and the consequences of the various arguments. We do this through evaluation of the problems in the course book and related hypothetical scenarios that will be developed as a result of class discussion.
In addition, because the UCC is part of a comprehensive scheme of rules regarding particular transactions, it is important to understand how the provisions of the UCC work together. In that respect, the course is a building block course. What we learn each day will be relevant to what we learn in every other day.
This problem-solving method replicates in significant part the work of practicing lawyers. Lawyers are confronted with factual scenarios and must identify and investigate the legal rules relevant to those scenarios. Lawyers then consider how the relevant legal rules may be applied to that factual scenario. In doing so, lawyers must be able to deal with a great deal of uncertainty and creativity, that is, a lawyer must have the ability to imagine new arguments regarding how to apply legal principles to typical scenarios and innovative applications of settled law to new types of scenarios.
The following requirements for class preparation and attendance are designed to help achieve the goals related to this style of learning.
Class Preparation
I expect students to be prepared for class. Adequate preparation requires reading and analyzing all relevant statutory sections and comments as well as the material in the textbook. We will focus on the problems during class discussion.
To use the textbook most effectively: (i) read the textual material; (ii) read the cited statutory sections and the official comments, and (iii) analyze the problems. You will find that as you analyze the problems, you will have to go back through the textual material, cases, statutes, and official comments repeatedly in order to identify the relevant issues and construct your analysis.
Final Examination
The final examination for this course will be given during the exam period at the end of the semester and will be open book. You will be allowed to bring into the examination the casebook, the statute book, and your own notes/outlines. You will be allowed to use the approved software for typing your examination answers if available at Hofstra. Other than as allowed by the approved software for typing your examination answers, you will not be allowed access to any other electronic device.
Grading
Subject to rules imposed for blind grading and/or curves, the final examination will be worth 80% of the final grade for the course. Class participation will be worth 20%.
Assignments
The following is the tentative schedule of assignments for the class; page numbers refer to the textbook. We may move faster or slower than these specific assignments.
Credit Hour Policy
“The Law School has adopted a “Credit Hour Policy.” A “credit hour” is an amount of work that reasonably approximates not less than one hour of classroom or direct faculty instruction (calculated as 50 minutes of classroom time) and two hours (120 minutes) of out-of-class student work per week for fifteen weeks (including one week for final exams), or the equivalent amount of work over a different amount of time. These requirements apply equally to all courses taught in the Law School, including distance education courses.”
Read any referenced statutes and commentary from the Selected Commercial Statutes book as necessary to provide a thorough analysis of the assigned problems.
Date: WED. 08/23
Class No.: 1
Topics/Issues: Overview: (1) the context in which debtor-creditor relationships arise, (2) the difference between secured and unsecured creditors, (3) the reality that some creditors are not timely paid what they are owed, (4) the basic creditor collection remedy which is known as "execution" and the rights of "statutory liens", (5) the difficulties facing creditors when debtors do not voluntarily pay their debts, (6) fraudulent transfers, and (7) pre-judgment remedies.
Required Reading Material Pages/Problems: Pgs. 1-43; pb. 1-3
Statutes: NY Lien Law §§80, 151, 160, 180, 184; CPLR §§5201, 5202, 5203, Articles 62-65, 270 et. seq. and Bky Cod 548.
State and Local Government Seminar
Professor Herzfeld
Class 1 (Part 1, 9:10-10:30 AM).
August 21, 2023
Decentralization of Local Government on Long Island
The casebook (“CB”) for this class is Cases and Materials on State and Local Government Law (Ninth Edition), by Briffault, Reynolds, Davidson, Scharff and Su.
Please read pp. 8-18, 26-36 and 51-54 in the casebook, and the below hyperlinked material.
The Long Island Index was a project of the Rauch Foundation from 2003-2018 that gathered and published data about the Long Island region. In 2012, the Long Island Index published a report entitled “Who Provides Services on Long Island” that described the multiplicity of local government entities on Long Island.
If you have access to a Newday subscription, you can also see the updated maps for municipal geographic boundaries and service providers referenced in the Long Island Index report at next.newsday.com/map/boundaries and next.newsday.com/map/service-providers
Keeping in mind the points made in the casebook about the relative advantages and disadvantages of centralized government, should local government on Long Island be more centralized or is the current structure of local government appropriate?
- If your last name begins with the letter “A” through the letter “G”, please be prepared to argue for maintaining the current decentralized structure of local government on Long Island. What would be the negative impacts if the Towns of Hempstead, North Hempstead and Oyster Bay each became a city and all the villages and special districts in each town were consolidated into the respective city government? Are there particular municipal services or functions that might be most harmed?
- If your last name begins with the letter “H” through “Z”, please be prepared to argue for consolidating local governments in each of Nassau County’s three towns as suggested above. Which municipal services do you think could be most improved by greater centralization? How do you think more centralization could be achieved most effectively?
State and Local Government Seminar
Class 1 (Part 2, 10:40 AM to noon)
State Constititutional Law
Please read CB, pp. 55-56, 63-77 and the following hyerlinked materials:
- The New York State Constitution v Federal Constitution
Compare the New York State Constitution and the federal Constitution.
What are general differences between the New York State Constitution and the federal Constitution in terms of its level of detail, structure, the subjects it covers, and the rights it recognizes?
Identify at least three (3) specific subjects that are covered in the New York State Constitution that are not analogous to any subject covered in the federal Constitution.
Identify at least three (3) rights that are recognized in the New York State Constitution that are not mentioned in the federal Constitution.
What is the process for amending the New York State Constitution?
The Environmental Rights Amendment of 2021
In 2021, New York State’s voters approved a referendum to add the Environmental Rights Amendment (“ERA”) to the State Constitution’s Bill of Rights.
How does New York’s Environmental Rights Amendment, Article I, §19 of the State Constitution, compare to the Pennsylvania ERA quoted on page 68 in the casebook in Pennsylvania Environmental Defense Foundation v Commonwealth?
Note 1 following Pennsylvania Environmental Defense Foundation v Commonwealth (on page 72 of the casebook) compares Pennsylvania’s ERA to Article XIV, §4 of the New York State Constitution. Article XIV, §4 states that it is the policy of this state to “conserve and protect its natural resources and scenic beauty” and requires the legislature to implement that policy by enacting legislation that, among other things, provides “for the abatement of air and water pollution.”
Does the New York ERA afford rights or establish duties that do not exist independently under Article XIV and the body of federal, state and local environmental protection laws and regulations that were already in force prior to the ERA’s adoption?
Please read the first major court decision that addresses the scope of New York’s ERA, Fresh Air for Eastside v State of New York. Please also read the following short articles discussing the decision:
- Murphy, Michael, “Decisions Expansively Interpreting New York’s Green Amendment Create Uncertainty”,
- Gerrard, Michael, “New York’s Green Amendment: The First Decisions”
- If your last name begins with the letter “A” through the letter “G”, please be prepared to discuss the potential difficulties with the court’s finding that the State Department of Environmental Conservation (NYS DEC) has legal obligations to protect the environment under the ERA that go beyond NYS DEC’s duties codified in federal and state law.
- If your last name begins with the letter “H” through “Z”, please be prepared to argue that NYS DEC should be compelled to take affirmative steps to protect the environment under the ERA that go beyond its duties to enforce environmental protection statutes. Consider how this interpretation of the ERA might be limited so that it does not give the courts free rein to displace the role of the legislature in making environmental protection policy.
Finally, please read the following article about the case of Held v. State of Montana in which plaintiffs have asserted that a provision in Montana’s Environmental Policy Act, that exempts government projects from having to assess their impact on climate change, violates Montana’s Environmental Rights Amendment.
Please compare the Montana ERA to the New York and Pennsylvania ERAs. Is there a difference in the language of the Montana ERA that could make the climate change argument by the plaintiffs in Held stronger than it would be if it was raised under the New York or Pennsylvania ERA?
Trademarks
Wills, Trusts and Estates
Professor Gans
Read pp. 1-34 (note, as we move through chapter 1, we will not discuss Shaw Family Archives, Ltd.).
The syllabus is available on Canvas.