SPRING 2012
THE MAGAZINE OF Maurice A. Deane School of Law at Hofstra university
A Momentous Gift and A New Name for Hofstra Law Hofstra Law has been rededicated in honor of Maurice A. Deane ’81, a graduate committed to academic and professional excellence p.4 Network with your fellow alumni online through LinkedIn!
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he last five years have been times of growth and success for globe, and we continue to expand academic and practice-based the now formally named Maurice A. Deane School of Law at opportunities to prepare our students for the globalized practice in THofstra University. With your ongoing support, the future for which they will forge their careers. this law school remains bright despite the challenges now facing To complement the in-class experience, we have developed the legal profession and legal education. a truly innovative leadership and professional development
We could not wish for a more exciting and diverse place to teach law and prepare our students for the America, and the world, in which they will be practicing law, leading businesses, setting policy and making laws.
“From its inception, Hofstra program. It allows students to identify their strengths and relate Law has been envisioned as an those qualities to different practice areas. It also enables them to innovator, an institution designed begin the practice of law better prepared by developing” strategic to make a difference. We have skills, such as business writing and making presentations, and continued this tradition and responded quickly and forcefully to crucial “soft” skills, such as effective communication, initiative and the changes in the profession, which require our students to be leadership. An employer survey found that our students are better “profession-ready” at graduation. To accomplish that task, we aspire prepared than most — surely a credit to these initiatives. to give our students a broad intellectual and ethical framework; As our superb faculty and administration have responded to hone their analytical, writing and speaking abilities; prepare these various challenges, we could not wish for a more exciting them for an increasingly global practice; and provide them with and diverse place to teach law and prepare our students for the an understanding of the needs of clients as well as the business America, and the world, in which they will be practicing law, leading demands and pressures of the profession. businesses, setting policy and making laws. This vision has driven curricular innovation and ongoing Bringing you back to Hofstra Law, figuratively and literally, has change. Over the last five years we have expanded our in-house been crucial to our success. So many of you have given generously clinical offerings through innovative practicum courses and a of yourself — your time, your insights, your financial resources — to unique prosecutorial clinic to allow a growing number of students allow us to accomplish so much in such a short period of time. to learn to represent clients while in law school. I trust you will continue to support your alma mater on We have also continued to expand our simulation offerings. its path to becoming the best it can be under the leadership of The NITA-based Trial Techniques Program, now in its 36th year, Eric Lane, the Eric J. Schmertz Distinguished Professor of Public is the keystone of the experientially focused segment of the Law and Public Service, who has been named interim dean. curriculum, in which many students engage as early as their first Dean Lane’s long-standing career in public service and the legal year. Upper-level offerings include a rich array of courses in trial academy and his deep commitment to Hofstra Law make him an strategy and practice, alternatives to litigation and transactional exceptional choice for this role, which I know he will fill with vigor, practice, all of which require students to make oral presentations vision and initiative. and draft briefs. Thank you for making these five years wonderful and exciting Small businesses expand sales abroad, couples adopt from for me. May our paths cross again in the future. abroad and criminal gains are hidden in off-shore accounts — our students are exposed to this transnational world not only through With my sincere regards, their first-year course work, but also through their J.D. and LL.M. classmates, an increasing number of whom hail from abroad. We also offer a range of experiences abroad, including new spring- break programs in Cuba and Ecuador. We have built relationships Nora V. Demleitner with some of the most highly regarded law schools around the Dean and Professor of Law
1 law.hofstra.edu Dean’s Advisory Board Alumni Association Departments
Chair Executive Board 4 News Brad Eric Scheler ’77 Senior Partner and Chairman, President 41 Faculty Notes Bankruptcy and Christopher J. Caruso ’00 Restructuring Department Partner 52 Recognition & Fried, Frank, Harris, Shriver & Moses & Singer, LLP Jacobson LLP Stewardship Vice President Christopher J. Caruso ’00, Ex Officio Mark J. Caruso ’77 57 Class Notes Partner Partner Moses & Singer, LLP Caruso, Caruso & Branda, PC
Gordon Crane ’78 Vice President President and CEO Barbara A. Lukeman ’00 Spotlight Apple & Eve LLC Partner, Nixon Peabody, LLP 35 Joanne F. Goldstein ’74 Lorna B. Goodman ’75 Vice President By Andrew Clark Former Executive Director Richard Schoenstein ’90 New York City Charter Revision Partner, Satterlee Stephens Commission Burke & Burke LLP 38 Carlos García-Pérez ’88 By David A. DeCicco Michael D. Jaffe ’80 Secretary Chairman, President and CEO Terrence L. Tarver ’07 Country-Wide Insurance Company Associate, Sullivan Papain Block McGrath & Cannavo, P.C. Spencer D. Klein ’89 Perspectives Partner and Co-Head of Mergers & Acquisitions Committee Co-Chairs 19 Laying the Groundwork Morrison & Foerster LLP Alumni Relations/ for Afghanistan’s Randy L. Levine ’80 Development Future President Merrie S. Frankel ’80 New York Yankees Vice President By Courtney K. McGrory Senior Counsel Moody’s Investors Service Akin Gump Strauss 28 Giving Graduates Hauer & Feld LLP Arthur Laitman ’99 Partner a Leg Up Judith A. Livingston ’79 Rosenberg Fortuna & Laitman, LLP By Andrew E. Berman Senior Partner Kramer, Dillof, Livingston & Career Services 31 Trinh Tran 3L Moore Peter Morgan ’97 Partner Michael D. Patrick ’78 SNR Denton US LLP 32 News From the Clinics Partner Fragomen, Del Rey, Bernsen & Michael Schnipper ’04 Loewy, LLP Associate, Nixon Peabody, LLP In Focus Michael D. Penner ’94 Richard Schoenstein ’90 President and CEO Partner, Satterlee Stephens 48 The Real Politik of Richelieu Legwear Burke & Burke LLP Writing and Reading Samuel Ramos ’91 Diversity Statutes Vice President and Michelle Marquez ’90 Associate General Counsel Director of Development By Interim Dean Eric Lane Goldman, Sachs & Co. Susan G. Komen for the Cure 50 In Favor of a ‘Bail-In’ Mark P. Schnapp ’76 Enrollment Management Co-Chair, White Collar Ralph H. Cathcart ’90 By Professor J. Scott Colesanti Criminal Practice Partner Greenberg Traurig, LLP Ladas & Parry, LLP 51 How Marriage Became
Philip J. Shapiro ’78 Laura Daly ’08 Optional President and CEO Attorney, Lawyers for Children By Professor J. Herbie DiFonzo Liberty Maritime Corporation
2 Contents
ON THE COVER A Momentous Gift and a New Name for 4 Hofstra Law School
On April 27 the Hofstra community convened to honor Maurice A. Deane ’81 for his legacy of service and generosity and to officially name the Maurice A. Deane School of Law at Hofstra University. More than 300 alumni, administrators, faculty, students and distinguished guests, including keynote speaker Senator Charles E. Schumer, attended the convocation and celebrated Photo at left and inset cover photo by Brian Ballweg with the honoree at a reception in the Hofstra University Club. Main cover photo by Aakaash Bali Features
11 Viewpoint Sexual Reorientation By Professor Elizabeth M. Glazer
Professor Elizabeth Glazer examines the social and legal discrimination that bisexual individuals face through a short review of the recent success of the gay and lesbian antidiscrimination movement and the continued exclusion of bisexuals from those victories.
15 At Issue Bioethics: Forging a New Frontier By Kristen McMahon
Professor Janet Dolgin analyzes several different facets of the continuing health care debate, discussing the oral arguments the Supreme Court heard in March, the perceived economic challenges of the Affordable Health Care Act of 2010 for the middle class, and personal technology’s impact on the present and future of health care.
24 Perspectives Nassau County Youth Court: Giving Kids a Second Chance By Courtney K. McGrory Maurice A. Deane School of Law at Hofstra University students and professors rally around the idea of youth courts, describing several benefits for both teens who need a second chance and the overburdened juvenile court system.
3 law.hofstra.edu Volume 19 | Number 1 | Spring 2012 News Dean Nora V. Demleitner
Interim Dean Eric Lane A Momentous Gift Editor-in-Chief Kenneth J. Selvester and a New Name Senior Writer Courtney K. McGrory for Hofstra Law Contributors Andrew E. Berman, Andrew Clark, J. Scott Colesanti, David A. DeCicco, Rachel Denney, J. Herbie DiFonzo, Elizabeth M. Glazer, Eric Lane, Eric Lesh ’11, School Kristen McMahon
Photography a typical law Kristina Dalton, Tony Lopez MAURICE A. DEANE ’81 IS ANYTHING BUT school valedictorian. Design Before enrolling in Tobie-Lynn Accardi, Kim Poulos Hofstra Law School at Assistant Dean for External Relations the age of 50, Deane Lisa Berman forged a long and highly Director of Development successful career as the Christine M. Lunsford man who built Endo Director of Alumni Relations Laboratories into one Jodie Sperico of the largest privately held pharmaceutical Associate Dean and Dean for Professional Development companies in the nation Victoria Roberts ’90 and facilitated its sale Assistant Dean for Career Services to DuPont, where he Michael J. Ende continued to work until his retirement. But Deane Editorial Office MAURICE A. DEANE SCHOOL OF LAW did not slip quietly into retirement. Instead he embarked AT HOFSTRA UNIVERSITY 121 Hofstra University, Suite 29J on a new career as a Hofstra Law student and laid the Hempstead, New York 11549 foundation for a 30-year relationship with Hofstra. Phone: 516-463-4142 | Fax: 516-463-5047 [email protected] This year, that remarkable relationship culminated in a $20 million gift to the school and the naming of Address changes can be submitted on the Hofstra Law website at law.hofstra.edu/StayConnected Hofstra Law as the Maurice A. Deane School of Law at or directed to the Office of Alumni Relations at Hofstra University. [email protected] or 516-463-2586. “Naming a school is among the highest honors a HOFSTRA LAW REPORT welcomes letters to the editor university can bestow — something reserved for those and Class Notes submitted on the Hofstra Law website at law.hofstra.edu/StayConnected or sent who have demonstrated extraordinary commitment and by mail or e-mail to the addresses above. dedication to an institution. There are few people who HOFSTRA LAW REPORT, Hofstra Law’s magazine, fit that description better than Maurice Deane,” said is published once a year by the Maurice A. Deane School of Law at Hofstra University. Hofstra University President Stuart Rabinowitz, former professor and dean of the School of Law. Opinions expressed are those of the authors and editors and do not reflect official positions of the Rededicating the school in Deane’s honor is a natural Maurice A. Deane School of Law or Hofstra University. extension of the long history shared by the man and the © 2012 by the Maurice A. Deane School of Law at Hofstra University 4 institution. A brilliant law student and mentor, Deane Eric Lane Named was an active member of the class who graduated with awards in both constitutional law and evidence. Interim Dean The award currently bestowed on the law school valedictorian each year at graduation is now named the Professor Eric Lane Maurice A. Deane Award in his honor. has been named interim After graduating, Deane deepened his commitment dean of the Maurice A. to the school in many ways. Deane was a member of the Deane School of Law at board of trustees from 1982 to 2007, serving as its chair Hofstra University. Lane, from 1989 to 1991 and then named as chair emeritus in who is also the Eric J. 2008. In these roles, Deane guided the university with Schmertz Distinguished particular attention to academic excellence and provided Professor of Public Law financial support to ensure this excellence, including and Public Service, has endowing a Distinguished Professorship in Constitutional taught at Hofstra Law for Law, a law school scholarship and, not least, a $20 million more than three decades. gift to enhance academic quality at the Law School. “Eric is a dedicated “Maurice has been among the strongest advocates and longtime member of for Hofstra and our law school,” said Marilyn B. the Hofstra community Monter ’76, then-chair of the board of trustees. Deane who is well-respected on campus and beyond as a has advocated not only with his financial resources, but teacher, scholar, public servant and consensus-builder,” also with his time and insight as a member of the Alumni said Hofstra University President Stuart Rabinowitz. Mentor Program and a committee member for several “For more than 30 years, he has been a contributor to, key events, including the University’s 75th Anniversary and caretaker of, the reputation of Hofstra Law, and and Annual Gala. his knowledge of the school’s history and vision for the Deane and his wife, Barbara, have been active future make him ideal for this position.” volunteers and generous benefactors to many causes Lane is well-known beyond the Hofstra University and organizations beyond the Hofstra community. campus for his public service, particularly in New York The family has been involved with Mount Sinai Medical City government. He is also the author of three books. Center, where the Barbara and Maurice A. Deane The Genius of America: How the Constitution Saved Our Prostate Health & Research Center is named in their Country and Why It Can Again (with Michael Oreskes) honor. Deane has been a trustee of the North Shore has been called a “must read” about the origin of the University Hospital and has supported numerous Constitution and its modern applicability. Lane’s two organizations, including Hebrew Union College and textbooks (with the Honorable Abner A. Mikva) on the Temple Beth El in Great Neck. legislative process and statutory interpretation have “Rededicating the school to someone who been used in law schools nationally. He is also the has clearly made his mark on the community, an author of often cited articles on the legal framework for individual with such a deep commitment to academic governmental decision-making. and professional excellence, seems a fitting way to “Hofstra Law is an extraordinary law school, and close out the law school’s 40th anniversary year,” noted I am delighted to have the privilege to work with its Dean Nora V. Demleitner. “This naming serves as distinguished faculty, dedicated administrators and the perfect bridge between a proud past and a exceptional students and alumni,” said Lane. H promising future.” H
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New Faculty Appointments
IN SEPTEMBER, SUSAN SAAB FORTNEY joined the matters, which allowed her to develop an expertise in Maurice A. Deane School of Law at Hofstra University business and coverage litigation while she handled legal as the new Howard Lichtenstein malpractice and directors’ and officers’ Distinguished Professor of Legal liability cases. Ethics and director of the Institute “We are delighted to welcome for the Study of Legal Ethics. Susan to Hofstra Law,” said Dean Fortney, who succeeded Roy D. Demleitner. “As a renowned scholar Simon, the Lichtenstein Professor of law firm ethics, Susan will add an since 2003, came to Hofstra Law exciting new dimension to our faculty, from Texas Tech University School of curriculum and scholarship, while Law, where she was a professor advancing our institutional goal to and interim dean. She joined the prepare ethical lawyers.” full-time faculty with a J.S.D. and an LL.M. from Columbia University IN MAY 2011, COURTNEY L. SELBY was School of Law, a J.D. from named associate dean for information Antioch School of Law and a B.A. services, director of the law library from Trinity University. and assistant professor of law. Selby An expert in law firm governance joined Hofstra Law from the University and ethics and a prolific legal scholar, Susan Saab Fortney of Tulsa College of Law, where she Fortney has conducted various was the collection development and empirical studies that focus on the instructional services law librarian and a culture, ethics, peer-review practices member of the legal research teaching and billable-hour expectations of team. “Courtney’s experience and law firms. She completed a national energy for her work are impressive,” cross-profession study of lawyers said Dean Demleitner. “She is a rising practicing in firms, government star in her field who will help us expand and corporate offices, in addition our library offerings and technology to co-authoring the nation’s first services.” textbook on legal malpractice law, Selby is actively involved with Legal Malpractice Law: Problems and the American Association of Law Prevention. Libraries and is a member of the Before joining academia, Fortney Social Responsibilities, Academic Law practiced law in the public and Libraries and Technical Services Special private sectors. She started her Interest Sections. She has chaired three career after law school as briefing committees within these professional attorney for Chief Justice Carlos groups and is also completing a two- Cadena of the Fourth Court of year term as the contributing editor for Appeals of Texas and continued her Courtney L. Selby collection development for Technical public service as an attorney with Services Law Librarian. Selby received a the Division of Corporation Finance B.A. in sociology from the University of and the Division of Enforcement at the U.S. Securities Tulsa, a J.D. from the University of Tulsa College of Law and Exchange Commission. Fortney later entered and an M.L.I.S. from the University of Oklahoma. H private practice, handling securities and corporate
Hofstra Law Report • SPRING 2012 6 News
Honoring Alums on the 10th Anniversary of the 9/11 Terrorist Attacks
Remembering Our Hofstra Law Alumni
JONI CESTA ’91 was a graduate of Cornell University and Hofstra Law. Cesta, 37, was in-house counsel for Hofstra Law participates in the National Day of Service A.L. Sarroff, a securities trading firm near the World and Remembrance at the Garden City Bird Sanctuary. Trade Center. On September 11 she was visiting a client in the World Trade Center. Joni loved nature and the outdoors, and Long Island’s Planting Fields Arboretum AS MILLIONS OF PEOPLE IN THE U.S. AND ABROAD was one of her favorite places. She was an avid traveler. commemorated the 10th anniversary of the 9/11 A Bellmore resident, Joni left behind her husband, terrorist attacks in New York, Washington, D.C., and Adam Kriftcher, and her father, John Cesta, of Florida. Pennsylvania, the Maurice A. Deane School of Law at NEIL D. LEVIN ’81 was the executive director of the Hofstra University community honored the tragic events Port Authority of New York and New Jersey. He was with thoughtful discussion and community service. appointed to the Port Authority leadership in March On Monday, September 12, 2011, Hofstra Law 2001 by Governor George E. Pataki of New York and professors Eric M. Freedman and Julian Ku, along acting Governor Donald DiFrancesco of New Jersey. with first-year law student and 9/11 responder Joe Previously, Levin had been appointed to the top jobs Cammarata, led a panel discussion on the political and in the state banking and insurance departments. His legal ramifications of the terrorist attacks. In addition to office was on the 68th floor of 1 World Trade Center, the generating rich academic discussion about the war on first tower to be hit by a hijacked airplane. Levin, who terrorism, the event honored three alumni who lost their grew up in Atlantic Beach, New York, was a member lives on that day: Joni Cesta ’91, Neil D. Levin ’81 and of Hofstra University’s board of trustees and received Glenn J. Winuk ’87 (see sidebar). Hofstra Law’s Distinguished Alumnus Award. The commemorative events also included a National GLENN J. WINUK ’87, a native of Jericho, New York, Day of Service and Remembrance, a program inspired was a decorated volunteer firefighter and EMT who by Winuk, who lost his life while participating in the worked as a partner at Holland & Knight LLP in the rescue effort at the World Trade Center, one and a half law firm’s downtown Manhattan office. The 9/11 blocks from his law office. Hofstra Law students, faculty Day of Service and Remembrance was initiated in and staff participated in community service projects in 2002 by David Paine and Glenn’s brother Jay Winuk, Nassau County with Habitat for Humanity, the Garden who successfully lobbied Congress to recognize City Bird Sanctuary and the Long Beach Animal Rescue. September 11 as the National Day of Service and On that day, nearly 50 volunteers from Hofstra Law Remembrance. On April 21, 2009, President Barack made a difference in their community by building a Obama signed the honorary day into law. H home for a local family in need, refurbishing a bird sanctuary and preparing animals and their surroundings for adoptions. H
7 law.hofstra.edu News
More Than 130 New Alumni Hofstra Law Alumni Relations Director Named New York Jodie Sperico
Super Lawyers Last September, JODIE SPERICO joined MORE THAN 130 ALUMNI OF THE MAURICE A. DEANE the Maurice A. Deane School of Law at Hofstra University were named by School of Law at Hofstra Super Lawyers magazine as top attorneys in the New University as director York metropolitan area for 2011, up from last year’s total of alumni relations. of 122. For the second consecutive year, Hofstra Law Sperico steps into the ranks No. 9 among the top 10 law schools nationwide role with 10 years of with graduates featured on the New York Super experience, including Lawyers list. insight from her role as Three Hofstra Law alumni were named to the alumni relations director Top 100 New York Super Lawyers list: David W. at Catholic University’s Brand ’75 of Brand, Glick & Brand, P.C.; Judith A. Columbus School of Law Livingston ’79 of Kramer, Dillof, Livingston & Moore, in Washington, D.C. In that who was also named one of the Top 50 Women New capacity, she worked closely with graduates, donors, York Super Lawyers for the sixth consecutive year; students and volunteers, as well as the Career Services, and Ben B. Rubinowitz ’81 of Gair, Gair, Conason, Admissions, Financial Aid and Development offices. Steigman, Mackauf, Bloom & Rubinowitz. Donald L. Previously, Sperico served as the senior volunteer Sapir ’75 of Sapir & Frumkin LLP was named one of relations coordinator and student advancement the top 25 lawyers in Westchester. Another 56 Hofstra coordinator at the Council for Advancement and Law alumni were recognized as rising stars in the legal Support of Education in Washington, D.C., where she field nationwide. was responsible for conferences, meetings and training Also, Marc M. Dittenhoefer ’76 of Blank, the organization’s most senior volunteers, including the Goolnick & Dittenhoefer was featured in the Super board of trustees. Lawyers article “The Largest Pro Bono Effort in History” “This is really a homecoming for me,” says Sperico for his work with Trial Lawyers Care, an organization about her new role at Hofstra Law. “Growing up on of the New York State Trial Lawyers Association that Long Island, I’ve always known about Hofstra and its advocates for victims of the 9/11 terrorist attacks. H role in the legal community.” Despite Hofstra Law’s relatively short history, Sperico is struck by the number of prominent graduates among the ranks of its alumni, who currently number This is really a homecoming for me. nearly 10,000. “My job is to engage them and make sure they feel connected to the school,” she says. Growing up on Long Island, I’ve Sperico is charged with making those connections, no matter how distant they may be. While many alumni are in the New York metropolitan area, Sperico will always known about Hofstra and continue to help Hofstra Law reach out to its alumni across the country — and, increasingly, around the its role in the legal community. “ world — to build strong relations that benefit the alumni and student communities alike. H Hofstra Law Report • SPRING 2012 ”8 News
ONLINE CONTENT A downloadable version (PDF) of Students Shine the Teen Dating Violence brochure Spotlight on is available at law.hofstra.edu/HLR Teen Dating Violence
Day One, an organization we realized the importance of dedicated to preventing educating parents and children domestic violence, has found that on the growing issue.” The teaching young people about brochure highlights the warning healthy relationships and ways to signs of dating violence and avoid dating violence can reduce offers advice for both parents incidents of physical and sexual and teens on how to deal with dating violence by 60 percent. being in or knowing someone Inspired by this research, 3Ls in an abusive relationship. The Nicole Rynston, Samantha Sandler, brochure includes facts and Rei Watanabe and Shirin Zarabi characteristics of dating violence founded the Hofstra Coalition and lists resources for reporting Against Teen Dating Violence abuse in New York City and on (HCATDV). Long Island. The students began their During October’s Domestic research while enrolled in Violence Awareness Month, Professor Barbara Barron’s HCATDV members joined by Domestic Violence Seminar, which victims of abuse presented examines the legal consequences Teen Dating Violence brochure cover throughout the Nassau County of domestic violence and considers Courts. They distributed its psychological origins. In addition, HCATDV’s brochure and the course looks at the effects on children exposed answered parents’ questions on teen dating violence. to domestic violence, and the law’s response. With “The coalition teaches parents and children what Professor Barron’s advisement, the students expanded teen dating violence is, how to prevent it and what to their research paper and published HCATDV’s first do if they are confronted with it,” says Barron. “The brochure, Teen Dating Violence — What You Need HCATDV provides valuable resources and outreach for To Know. those who need it.” “Teens are increasingly exposed to violence and The group is working on expanding distribution are watching popular television shows that depict of the brochure and hopes to present in local middle physical abuse,” says Zarabi. “Social learning is the schools and high schools. H most relied upon explanation for dating violence, and
Social learning is the most relied upon explanation for dating violence, and we realized the importance of educating parents and children on the growing issue.
“ 9 ”law.hofstra.edu News
Marilyn B. Monter ’76 Honored as Hofstra’s Alumna of the Year
ON FRIDAY, SEPTEMBER 23, MARILYN B. MONTER ’76 Gerald Monter. The Holiday Organization is the was named Hofstra University’s Alumna of the Year at developer of the various Hamlet communities on the annual Alumni Awards Dinner. The awards Long Island, as well as several Colony communities in ceremony, which was held in conjunction South Florida. In addition, the company developed with the University’s annual three golf-course communities on Fall Festival, took place at Long Island, which include one The Garden City Hotel in private and two public facilities. Garden City, New York. After earning a J.D. from “I accepted this award, not Hofstra Law, Monter served as the for what I have accomplished, assistant dean of the Law School, but for what President and then became an in-house Rabinowitz and the board attorney for Allied Chemical have accomplished these last Corporation (now Honeywell few years,” Monter said. International Inc.). She joined the Monter recently Holiday Organization in 1984. completed her term as chair of Monter is recording secretary the board of trustees of of the Suffolk Y Jewish Community Hofstra University, and her Center, vice chair of Planned tenure was marked by many Parenthood of Nassau County and milestones in Hofstra’s history, a member of the board at The INN. including the accreditation of She previously served on the the Hofstra North Shore-LIJ boards of the North Shore- School of Medicine, the Long Island Jewish Health System, entrance of its first class this The Feinstein Institute for Medical past fall and the recent Research and The Elmezzi announcement of a new Graduate School of Molecular School of Engineering and Applied Science. Medicine, and is a former trustee of Friends Academy Monter was named chair of the board of trustees in in Locust Valley, New York. October 2008 and had served as a member of the In 2005 Monter was named a “Woman of board since 2003. Distinction” by Distinction magazine, and in 2008 and Monter is executive vice president of the Holiday 2009 she was honored by Long Island Business News Organization, Inc., a Westbury-based real estate as one of the Top 50 Most Influential Women on development company, founded in 1951 by her father, Long Island. H
I accepted this award, not for what I have accomplished, but for what President Rabinowitz and the board “ have accomplished these last few years. Hofstra Law Report • SPRING 2012 10 ” Viewpoint Sexual Reorientation
By Elizabeth M. Glazer, Associate Professor of Law
When the characteristic is ome people prefer blondes. Some people prefer brunettes. Some people prefer people with blue hair or eye color, or even skin Seyes, while others prefer people with brown color that serves as a proxy eyes. Some people might even prefer to date people of a particular race. But when those individuals deviate from for race, it is unremarkable for “ their preferences — going on a date with a brunette when individuals to deviate from their one typically prefers blondes, marrying the brown-eyed girl after searching Match.com for women with blue eyes or general “type” when choosing a entering into a relationship with an African-American man specific person as their partner. after a string of dating only those of other races — they do not experience an inquisition like the one imposed by Ted When the characteristic is Olson on his own client, Sandy Stier, a plaintiff in Perry v. sex, an individual’s deviation Brown, the federal lawsuit challenging the constitutionality of California’s Proposition 8 ballot initiative that restricted becomes problematic, both marriage to opposite-sex couples. socially and legally. ” 11 law.hofstra.edu Viewpoint
Stier had been married to a man before entering into gays and lesbians perceive as untrustworthy and not serious a relationship with Kris Perry, a woman and the named and therefore unacceptable sexual partners. plaintiff in the Perry case. Stier and Perry wish to marry, The socially enforced exclusion of bisexuals has and have brought suit because of their inability to do persisted as a result of long-existent myths that bisexuals so as a result of Proposition 8. Because they claim that are promiscuous, greedy (as a result of their “refusal” to Proposition 8 discriminates against people on the basis “pick” a sex to which to experience sexual attraction), of their sexual orientation, Olson asked Stier: duplicitous and closeted. Recent media attention devoted “How convinced are you that to the experience of some you are gay? You’ve lived with African-American men who a husband. You said you loved live on the “down low” by
him. Some people might say, having primary romantic ‘Well, it’s this and then it’s that relationships with women and it could be this again.’ while engaging in secret sex Answer that.” with men has generated an Olson’s reference — albeit so replete with additional myth that bisexuality is a bridge for the HIV demonstratives that it avoids describing anything at infection from the gay population to the straight population. all — is likely entirely clear. When the characteristic is Bisexuals have experienced not only social exclusion hair or eye color, or even skin color that serves as a but also political and legal exclusion. The movement for proxy for race, it is unremarkable for individuals lesbian and gay rights — now often referred to as the to deviate from their general “type” when choosing a movement for lesbian, gay, bisexual and transgender, specific person as their partner. When the characteristic or “LGBT,” rights — has achieved impressive victories, is sex, an individual’s deviation becomes problematic, such as the 2010 repeal of the military’s “don’t ask, don’t both socially and legally. Bisexual author Maria tell” policy, the Obama administration’s 2010 refusal to Burnham wrote recently in the Huffington Post of the defend the federal Defense of Marriage Act (DOMA) on the experience of attending her first lesbian party where basis of its declaration that DOMA was unconstitutional, her advances toward a woman to whom she admitted the legalization of same-sex marriage in seven states and her bisexuality were rebuffed. She was immediately the District of Columbia since 2003, and the adoption counseled by another attendee to identify instead as lesbian by some states of antidiscrimination statutes protecting because of the prevailing distrust of bisexuals, whom against discrimination on the basis of sexual orientation in employment and public accommodations contexts.
Hofstra Law Report • SPRING 2012 12 Viewpoint
But success has come at a cost. In order to achieve series with more than two heterosexual members violated victories, advocates for gays and lesbians have employed Washington’s public accommodation statute protecting what scholars have termed a “homo kinship” model by against discrimination on the basis of sexual orientation. arguing that but for gays’ and lesbians’ differences, they are NAGAAA invoked this rule in disqualifying from just like everybody else. This is a sensible strategy because competition San Francisco’s D2 softball team, which the a lawyer’s task in proving discrimination — whether on the league had determined by a panel vote of about 25 people basis of sexual orientation or any other characteristic — to include three bisexual members after questioning these is to demonstrate that her client suffered discrimination team members in front of the panel about the extent of their because of a particular characteristic. The presence of sexual attraction to men and women. confounding variables is thus an unwelcome distraction The inquisitions of Sandy Stier and softball players
The exclusion of transgender individuals from successive drafts of the Employment Nondiscrimination Act (“ENDA”) — a proposed federal law which would offer protection from employment discrimination on the basis of sexual orientation and, “according to the latest version, gender identity — was justified because their inclusion was thought to prevent ENDA’s passage. from this task, and the homo kinship model eliminates Steven Apilado, LaRon Charles and Jon” Russ were confounding variables from cases brought by LGBT rights motivated by a discomfort with bisexuality. Though advocates. bisexuality can be defined any number of ways and some The effort to eliminate confounding variables has also definitions of bisexuality (including, importantly, an effected the exclusion of members of the LGBT community individual’s own definition upon which she characterizes who are unlike everybody else, namely transgender her own sexual orientation) may not include any or all individuals and bisexuals. The exclusion of transgender of Stier, Apilado, Charles and Russ, their stories are individuals from successive drafts of the Employment instructive in understanding the reason that bisexuals have Nondiscrimination Act (ENDA) — a proposed federal law been excluded from the political and legal efforts to obtain that would offer protection from employment discrimination rights for LGBT people. on the basis of sexual orientation and, according to the The discomfort with bisexuality causing discrimination latest version, gender identity — was justified because that arguably violates statutes protecting against their inclusion was thought to prevent ENDA’s passage. discrimination on the basis of sexual orientation is not Bisexuals have also been excluded from the legal and different in kind from the discomfort with bisexuality political effort to obtain rights for LGBT people. A lawsuit apparent at lesbian parties. Both can be explained as a filed in Seattle in 2010, Apilado v. North American Gay discomfort with the unpredictability of a bisexual orientation. Amateur Athletic Alliance (NAGAAA), has been called a For the object of Maria Burnham’s momentary affection, “legal first” because it was brought on behalf of bisexuals. that unpredictability posed a personal risk perceived to The lawsuit — which has now settled — alleged that be too large to engage in any further conversation. For NAGAAA’s rule that no team could participate in the world antidiscrimination law, that unpredictability poses a risk
13 law.hofstra.edu Viewpoint that bisexuals experience discrimination because of their acted like a man. In protecting Hopkins, the Supreme Court conduct, as opposed to their status. announced its theory of sex stereotyping, under which sex Antidiscrimination law is inherently limited. Statutes discrimination would be protected in instances in which a such as the public accommodations statute in Washington plaintiff’s conduct failed to conform to expectations about protect people from discrimination based on a limited the plaintiff’s conduct because of the plaintiff’s status. number of protected characteristics, such as race, sex, Like sex, sexual orientation comes with expectations. religion and, in some states, sexual orientation. Thus, people The expectation to partner with a member of a particular sex who experience discrimination can only obtain legal relief is chief among such expectations. An individual’s sexual if they can demonstrate that their discrimination happened orientation could productively be understood to comprise because they possessed a characteristic mentioned in the two concepts. An individual’s “general orientation” is the
Discrimination because an individual’s specific orientation fails to conform to his general orientation should qualify as discrimination on the “basis of sexual orientation because an individual’s behavior failed to conform to stereotypes about sex.
statute upon which their claim is based. This demonstration sex toward which people in the world perceive an individual becomes more difficult when discrimination occurred to be attracted. An individual’s “specific orientation” because its victim not only was a member of a particular is the sex of an individual’s chosen partner” or partners. race or sex but acted in a particular way. Discrimination because an individual’s specific orientation Antidiscrimination law has been reluctant to protect fails to conform to his general orientation should qualify as against discrimination for behaviors that are stereotypically discrimination on the basis of sexual orientation because associated with characteristics upon which discrimination an individual’s behavior failed to conform to stereotypes is prohibited, exemplified by its failure to protect an about sex. African-American woman who experienced discrimination The nature of bisexuality resists conformity with such for wearing her hair in cornrows. However, in a notable an expectation, leading to the inquisitions in Perry and Supreme Court case, Price Waterhouse v. Hopkins, Apilado. Inquisitions like these could be avoided, as could Ann Hopkins won her discrimination lawsuit against the law’s reluctance to protect against discrimination on her employer, Price Waterhouse, for denying her bid for the basis of a bisexual orientation, by revising the law’s partnership because she acted too masculine. Though understanding of sexual orientation and applying the Hopkins brought a claim for sex discrimination, the logic of Price Waterhouse v. Hopkins to sexual orientation discrimination she suffered did not occur simply because discrimination. H she was a woman but because she was a woman who had
ONLINE CONTENT Links to the complete versions of two journal articles on which this piece is based, “Sexual Reorientation,” 100 Georgetown Law Journal 997 (2012), and “Optimizing Orientation,” 100 Georgetown Law Journal 1105 (2012), are available at law.hofstra.edu/HLR
Hofstra Law Report • SPRING 2012 14 At Issue
Forging a Bioethics { New Frontier By Kristen McMahon
he American health care system has two great moral imperatives — individual rights and communal solidarity — Tthat often clash, particularly when bioethics enter the fray. However, if the system is ever to be effectively overhauled, these conflicting interests must be reconciled and nurtured. That rare and difficult task is precisely the mission of Janet Dolgin, the Jack and Freda Dicker Distinguished Professor of Health Care Law at the Maurice A. Deane School of Law at Hofstra University and professor of science education at the Hofstra North Shore-LIJ School of Medicine. Through an interdisciplinary approach of academic research, coursework and community engagement, Dolgin hopes to
It is the mission of
those in the law and medical fields to work
“ together to develop
solutions.
find creative solutions that address critical problems of health care in” America, from federal health care reform to the delivery of health care services by professionals.
15 law.hofstra.edu At Issue
Everyone needs to come to the table in order to develop solutions to rising problems in the “ ethical delivery of health care. ”
Controversy over the poor women, and popular and Affordable Health Care legislative responses to the Act of 2010 is reaching programs that provide health a crescendo. The U.S. care to poorer populations. Supreme Court heard oral “In resisting the arguments in two related expansion of such programs, cases in March, and the opponents often describe Court is expected to hand beneficiaries of these down its decision by late programs as people who are June. While the legal unwilling to work for their issues in, and potential own health care coverage, ramifications of, the cases Janet Dolgin which implies that people are complex, Dolgin asserts are poor because they are that the attitudes and motivations of people opposed to lazy,” notes Dolgin. “While this notion is discomforting, to expanding health care is what ultimately drives the debate, put it mildly, it unfortunately is spread throughout the debate both in the courts and among the public. around expanding health care coverage.” Dolgin explains: “The debate over universal health care In one of her recent articles, “Class Competition and has been both fascinating and troubling. The reasons for American Health Care: Debating the State Children’s Health this are intense and opaque, and have much to do with class Insurance Program,” published in the Louisiana Law Review, interests in our society.” Dolgin explores this idea further. She notes that opposition In order to shed light on these issues, Dolgin is working to universal health care coverage has a special meaning to on a research project in collaboration with her former student Americans who live above the poverty line yet below a level Katherine Dieterich ’05, who teaches at the Hofstra University identifying them as “well off.” People within this broad School of Education, Health and Human Services. Together, economic group worry about being displaced in this hierarchy Dolgin and Dieterich will publish a book that examines the by those whose status would improve should health care reasons why many Americans are so vehemently opposed to coverage become available to everyone. universal health care. The book will tackle such complicated While this logic may seem counterintuitive, Dolgin asserts issues as obesity as a marker of class, reproductive care for that arguments presented by those who oppose expanding
Hofstra Law Report • SPRING 2012 16 health care coverage play into the fear of many Americans that and professor of ophthalmology at the Hofstra North Shore- empowerment of lower-income groups will threaten their own LIJ School of Medicine, notes that the Bioethics Center plans tenuous standing in the nation’s class hierarchy, particularly to reach deep into the health care problems that have yet in uncertain economic times. to be solved, such as appropriate care at the beginning and Also on the research side, Dolgin, along with co-author end of life, reproductive medicine, stem cell research and Lois Shepherd from the University of Virginia, is recasting resource allocation. “We hope to engage the rich intellectual the Bioethics and the Law casebook to impart a stronger focus resources of the Hofstra faculty, as well as our community, in on bioethics as it relates to public health, social justice and these efforts,” he says. “Our goal is to hear the voices of many, population health. But for Dolgin, academic research alone especially the vulnerable. After listening, we will actively cannot address these complicated issues. As co-director of reflect and then act.” the newly established Bioethics Center at Hofstra University, Among the Bioethics Center’s first initiatives was the she is working vehemently to implement initiatives, events April 24 conference that addressed the health care and and research activities that will promote education and effect medical industries’ use of Internet cloud-based applications change through public-policy initiatives and legislation. and social media. It was intended to draw members of the “Advances in technology and health care have collided law, medical and business communities, along with computer to create a system that affects every person in our society, as scientists and students. well as society as a whole,” says Dolgin. “It is the mission of “Social media networks and mobile device apps have those in the law and medical fields to work together to develop grown exponentially in the last several years,” says Dolgin. solutions that address bioethical dilemmas and increase “They have become significant collection tanks for both awareness among the public and the professional communities business and personal data, raining upon us from the Internet charged with representing its interests.” cloud.” Dolgin believes that more and more people will store In order to achieve this outcome, the center is taking an their medical information on the Internet cloud for access interdisciplinary approach to the study of bioethics. Since by their physicians and health care providers, especially if efforts to reform health care in America have generally not been accessibility improves the quality of care and drives down the focused in this way, the work of the center will be innovative cost of insurance premiums and taxes. and ultimately will provide a humanistic model of universal But such availability and access pose the dilemma health care that protects the rights of everyone it represents. of privacy. Conference participants had an opportunity to Samuel Packer, M.D., co-director of the Bioethics Center explore how to manage the cloud, as well as secure it and
17 law.hofstra.edu At Issue
Advances in technology and health care have collided to create a system that affects every person in “ our society, as well as society as a whole.”
use it in an ethical manner. Dolgin also oversees “Everyone needs to come to Hofstra Law’s health law the table in order to develop fellows in her capacity as solutions to rising problems director of the Law School’s in the ethical delivery of Institute for Health Law health care,” adds Dolgin. and Policy. The institute is In addition to her work dedicated to meeting the need developing the cutting-edge for education and training Bioethics Center, Dolgin of attorneys in the rapidly continues to contribute expanding field of health law. to the field of health care The fellows are trained to law through her academic Dolgin believes that more and more people will store their represent medical providers, medical information on the Internet cloud for access by coursework. She regularly patients and the health care their physicians and health care providers, especially if teaches courses in bioethics accessibility improves the quality of care and drives down industry with an eye toward and the law and is exploring the cost of insurance premiums and taxes. advancing health law policy. the possibility of instituting Beyond their coursework, a course examining the legal uses of neuro-imaging. the fellows help plan events for the institute, such as the Most recently, Dolgin once again co-taught Law and April 24 Bioethics Center conference. Medicine, Cooperative Professionalism in collaboration with “The debate over issues in health care — from broad Packer. During the course, students from Hofstra Law and legislation to individual service delivery — is a complicated medical students who were completing their clinical rotations issue that goes right to the core of class competition in our at Nassau University Medical Center (NUMC) explored the society, and resolution can only come through education, manner in which lawyers and physicians might respond to a awareness and advocacy from within the system,” says Dolgin. wide range of clinical and bioethical dilemmas that occur in “We are way past the point where applying band-aid solutions hospital settings. Like the Bioethics Center, this course aims can fix a system that is so broken.” to bridge the gap between the legal and medical fields and Resolving these complicated issues may be a mammoth encourage young lawyers and doctors to work together as they task, but Dolgin is certainly up to the challenge. H prepare to embark on their respective careers.
Hofstra Law Report • SPRING 2012 18 Perspectives
Laying the Groundwork for Afghanistan’s Future { One Law Student at a Time
By Courtney K. McGrory
Each of these students is s the United States prepares to withdraw troops from Afghanistan, establishing a rule of law is incredibly talented and Athe crux of the region’s future. Law schools across will help build a brighter the U.S., including the Maurice A. Deane School of Law at Hofstra University, are helping to institute law and order and more just future for “ at the grass roots level: educating the next generation of Afghan their country. ” lawyers, judges, advocates and educators. 19 law.hofstra.edu law.hofstra.edu Perspectives
In September 2011, some Because no graduate- of those roots took hold when level legal education exists in Hamid Durani, Mohammed Afghanistan at the moment, Essa Karimi and Abdul Samad Afghan lawyers and judges Keramat arrived at Hofstra must look abroad to gain a as part of the Law School’s more expansive understanding participation in the Public- of different areas of the law, Private Partnership for Justice including international, Reform in Afghanistan (PPP). commercial, human rights and Established in 2007 by former intellectual property. Yet many Secretary of State Condoleezza are unable to afford program Rice, the PPP is based on the tuition, let alone the cost of simple idea that Afghanistan’s future is inexorably tied to its traveling and living abroad. legal system and that system’s ability to deliver justice. Over But thanks to the PPP, which combines government the past four years, the partnership has funded a number of funding and support from private institutions, 10 scholars, small yet high-impact projects, most notably its program that including three women, are pursuing higher legal degrees sponsors Afghan legal professionals seeking Master of Laws at Hofstra Law, Catholic University, Harvard and Stanford (LL.M.) degrees at U.S. law schools. during the 2011-2012 academic year. In addition to tuition,
Hofstra Law Report • SPRINGspring 2012 20 Perspectives
Afghan legal scholars also receive grants for travel and At the heart of this student exchange program is the living expenses, and they are paired with legal mentors who commitment that alumni will return to Afghanistan and help them make the most of the program. apply their new skills and knowledge to foster a stronger legal To be sure, the students are not the only ones gaining system. Many already have: Some work for the United Nations from the exchange. Although this is the first year that in Kabul and at the Afghan Ministry of Foreign Affairs. One Hofstra Law is hosting students for the program, the school opened a private law firm in Afghanistan. Another created a is already benefiting in numerous ways, says Jeffrey Dodge, guide to Afghan laws to share his learning and guide judges assistant dean for global initiatives & multicultural affairs. and lawyers across the country. “Hamid, Keramat and Essa bring an incredibly rich More promise to follow in their footsteps, including the understanding of Shariah law to our classrooms, which Hofstra Law students who will go forward and make their own allows for valuable comparative discussions,” says Dodge. In mark. Dodge, who has personally advised the students since addition, their presence adds greater perspective to the student their arrival, is certain of their ability to make a difference: body and demonstrates “Each of these students Hofstra Law’s commitment Afghan lawyers and judges is incredibly talented and to having one of the will help build a brighter leading international law must look abroad to gain a more and more just future for programs in the U.S. their country.” expansive understanding of “different areas of the law, including international, commercial, human rights and intellectual property.”
21 law.hofstra.edu Perspectives
PPP Afghan LL.M. Student Profiles
The Reformer and was a legal assistant at The Professor Mohammed Essa Karimi the United States Agency for Abdul Samad Keramat Place of Birth: Jaghori, International Development, Place of Birth: Khogyani, Ghazni Province where I worked to privatize state- Nangarhar Province owned enterprises in Kabul. More recently, as a legal consultant with the Afghanistan Justice Sector Support Program, I supported the Afghanistan Attorney General’s Office to expand its organization, work on policy development and design programs to educate legal professionals about the new Afghan Constitution, adopted in 2004, and Afghan laws. Why did you study law? What are your impressions of the I grew up in a village where What will you do with your U.S. legal system as a professor there were neither government LL.M. degree? of Shariah law? institutions nor law enforcement When I go back to Afghanistan, Shariah law, the moral code agencies of any kind. Local elders I will probably continue to work and religious law of Islam, and and clergy resolved all disputes, with the Attorney General’s common law are very different and most of their decisions Office, where I can help promote legal systems in principles favored the more powerful the rule of law, particularly the and sources, though both are party. I always thought about aspect of fair trial that many designed to lead communities and how these disputes could have villages do not have. Reforming solve problems. I have gained a been resolved more fairly. After the system will take time, but I greater understanding of Shariah moving to Pakistan when I was can do small things that can bring law by studying common law, 16, I learned what it was like to about big changes. which has also introduced me to live in a country with judicial legal areas that are not advanced institutions. I saw how laws, rather Have you enjoyed any particular in Afghanistan, such as tax than guns and violence, governed Hofstra Law classes, and why? regulation, business organization disputes and crimes in modern I have enjoyed all my classes, and employment law. societies, and when I returned to but especially my legal research my home country in 2002, I was and writing class with Professor What has been unique about determined to study law and work Juliana Campagna. The course your time at Hofstra Law? on strengthening the rule of law. has helped me understand the Professor Eric Lane invited me sources of law and how lawyers to prepare a presentation about What is your legal experience? practice in the United States. Shariah law for his Constitutional Since receiving my law degree I have also learned a great deal Theory class. I was surprised that from Kabul University Law School from my classmates in this course, so many students and professors in 2006, I interned in the lower who come from many different attended the presentation. And I house of Afghanistan’s parliament, countries. appreciated that Professor Lane
Hofstra Law Report • spring 2012 22 Perspectives
was so encouraging with his The Human Rights Activist Afghanistan’s first female chief time and support. He even asked Hamid Durani prosecutor, with whom I worked the IT department to tape the Place of Birth: Kabul City, Kabul with for more than three years. presentation for future use. This says a lot about the school’s What challenges have you faced culture; it shows that there is as a lawyer in Afghanistan? value for everyone’s efforts and In 2007 I became a private ideas at Hofstra University. criminal defense lawyer in a society where most accused What do you think Hofstra Law persons are not aware of their students learned from your right to an attorney, if even guest lecture? such an attorney were available. Shariah law is really vast, and it There is a general lack of lawyers is difficult to present it in merely all over the country, and the one lecture. But at least more Why did you study law? role of a defense attorney is Hofstra students were introduced I witnessed the effects of civil war largely unknown in Afghanistan. to this widespread legal system and violence of the Taliban regime It was a big challenge for me, that is used in many countries in in my country, particularly their but I did not give up. the Middle East, as well as Asia toll on human rights. I graduated and Africa. with a law degree from Herat What is most striking about University in 2005 and am using living in the U.S. and being part Has taking classes at an my degree to establish a better of Hofstra Law? American law school influenced framework and rule of law to There is such social freedom and your style of teaching? secure human rights, especially peace here in the U.S., which At Hofstra University the style of for women. I did not have in Afghanistan. teaching is different from class I appreciate that there are to class and from professor to How would you describe LL.M. students from different professor, but in general students women’s rights in your country? countries, which gives me greater are expected to work hard and They have few rights: They are perspective and the opportunity come with good ideas. Professors forced into marriage, some at a to learn about other legal encourage students to participate young age, and many are beaten. systems. Taking classes with so in class, which creates an active Much of this discrimination comes many American J.D. students also and rich discussion. I hope to from Afghan culture and even gives me the chance to learn more transfer this approach and work Afghan laws. It is my life goal to about U.S. culture. H with my students to gradually work for their rights and improve apply it in my classes. these laws, and I have been inspired by Mrs. Maria Bashir,
Much of this discrimination comes from Afghan culture and “even Afghan laws. It is my life goal to work for [women’s] rights. 23 law.hofstra.edu” Perspectives
Assistant District Attorney Kara Kaplan ’01 with Youth Court participants
Hofstra Law Report • SPRING 2012 24 Nassau County Youth Court { Giving Kids a Second Chance By Courtney K. McGrory
t is a truism that kids make stupid mistakes, such as drinking at The courts are a valuable a school football game and scrawling graffiti. Misdemeanors like Ithese land many Nassau County adolescents, especially those from learning experience for underprivileged backgrounds, in the juvenile court system and on a slippery slope toward more serious crimes. But a youth court launched students who, in the course by the Nassau County District Attorney’s Office and supported by the Maurice A. Deane School of Law at Hofstra University is helping adolescents take a different path. of running the courts, learn “ Youth courts, also known as student, peer and teen courts, are an alternative to the justice system’s more traditional family and criminal about the justice system, courts. Youth courts consist of high school student volunteers who act as attorneys, juries, bailiffs and clerks in a system that considers make critical decisions and cases of defendants, usually referred to as “respondents” in the youth court system, up to age 17, who have committed nonviolent, low- acquire public-speaking level crimes, such as theft, vandalism, underage drinking and first- time possession of marijuana. After committing such crimes, minors and leadership skills. are referred to the youth court system; their voluntary participation in the system allows them to avoid a formal criminal record and often set a new course for themselves. Hofstra Law Professor Andrew Schepard views youth courts as ” providing valuable alternative dispute resolution and has advocated for their growth as a member of the American Bar Association’s Youth at Risk Commission and the New York State Permanent Commission
25 law.hofstra.edu Perspectives of Justice for Children. He says, “It’s a very good thing to give call from probation, I do the intake, find a student advocate kids another chance — the longer their formal court record, for the defendant and set a court date,” says Kaplan. “We can the less their opportunities.” focus on the principles of restorative justice, which allows the Perhaps no one knows the value of a second chance better jury to be creative in terms of sentencing, so it has really been than Stefan Campagna 3L. At age 16, Campagna was arrested a positive experience for the kids and families involved.” in Sarasota, Florida, for breaking and entering. After a youth Youth courts have a lot of flexibility in handing down a court heard his case, his peers sentenced him to 150 hours sentence that corresponds to respondents’ needs and interests. of community service and 18 terms of jury duty. Campagna Sentences often require respondents to complete community says, “About halfway through my jury duty service, I realized service, serve as a juror for future youth court hearings, write that I would be back in the court system one day, either as a apologies and even tour a jail. Campagna, who put in more defendant or on the other side of the law.” He came out on the than 40 hours a week working with youth court volunteers right side of the law as a reformed student who graduated from while he was an extern for the DA’s office, believes that youth high school and college, and began working court sentences are more effective than those as a youth court mentor. His involvement handed down by juvenile court. He argues, led to an interest in a legal career and to “The kids do a better job of sentencing because Hofstra Law, where he took a Family Law they understand their peers and know what will class with Schepard in his second year. help them.” “Stefan found his way through the youth Since its inception, the Nassau County court system, and it was a life-changer Youth Court has expanded. It is now supported for him,” says Schepard, who recruited by a social worker and an additional ADA, Campagna and classmate Rob Castillo 3L to and the court has trained more than 50 assist the Nassau County District Attorney’s Nassau County students, who have adjudicated Office as it developed and launched a more than 100 cases. While the DA’s office countywide youth court in 2011. continues to track the long-term outcome of Under the leadership of Nassau County each case, most sentences have been able to District Attorney Kathleen Rice, Nassau’s keep kids out of trouble and out of court. This youth court program started as a school- Stephan Campagna 3L trend mirrors the national recidivism rates based model in Hempstead High School for youth courts, including those explored in designed to keep kids out of the court system. Assistant a 2002 Urban Institute study that reviewed criminal relapse District Attorney Kara Kaplan ’01, who oversees the program, in youth sentenced by teen and juvenile courts in Alaska, says, “Getting to children early and teaching them about the Maryland, Arizona and Missouri. The study found that, on consequences of crime is one of the most important initiatives average, the recidivism rate among teen court youth was we can undertake. The youth court gives young offenders an 6 to 9 percent, compared with 23 to 27 percent for those early look at the consequences of breaking the law.” handled by the traditional process. In addition to lower rates of criminal relapse, youth courts Restorative Justice and Widespread Benefits offer a number of other compelling benefits. They relieve Each year, approximately 125,000 youth appear before overburdened juvenile courts, provide cost savings and move youth courts in more than 1,000 community-based programs young offenders from arrest to disposition in a matter of days nationwide. While some respondents may feel relieved to have or weeks, whereas traditional courts can take months. Perhaps fellow students consider their case, they are by no means most importantly, they cut down on juvenile crime and give skirting justice. Youth court respondents go through a process kids a second chance at a better future. Campagna says, “Kids that is similar to a juvenile court proceeding. “Once I get the hear a story like mine, and they realize that [making a mistake]
About halfway through my jury duty service, I realized that I would be back in the court system one day, either as a defendant or on the other side of the law. Hofstra“ Law Report • SPRING 2012 26 ” In the Nassau County Youth Court … it is the students who write opening and closing statements, question witnesses, conduct cross-examinations and issue verdicts and and sentences.
is not an end to their lives. … I’m showing kids that there are to the administration, faculty and students of Hofstra Law for positive outlets where they can redirect their energy.” their invaluable support,” says Rice. Youth courts provide positive outlets for many adolescents, This support has taken many forms — for example, not merely those on trial for a crime. The courts are a Hofstra Law recently secured a grant from the Hermanowski valuable learning experience for students who, in the course Family Foundation, founded by Joan Hermanowski ’76, that of running the courts, learn about the justice system, make will allow Hofstra Law to expand its involvement in the Nassau critical decisions and acquire public- County Youth Court program. speaking and leadership skills. Some Community partnerships Kaplan believes that the Nassau volunteers and respondents even County Youth Court, particularly its develop an interest in pursuing a partnership with Hofstra Law, can legal career as a result of their early have been critical to the be used as a model for other youth exposure to the law. In the Nassau courts in the state. (Although there County Youth Court, the DA’s office success of this program. is no statewide youth court program, and Hofstra Law mentors give many youth courts, including guidance and are present during all proceedings,“ but it is the Nassau County’s, belong to the Association of New York State students who write opening and closing statements, question Youth Courts, which promotes, organizes and supports youth witnesses, conduct cross-examinations and issue verdicts and courts throughout” the state.) sentences. “It’s amazing to see 14-year-olds do what it took Beyond student involvement and financial support, us entire semesters to learn in law school,” says Campagna, Hofstra Law has been home to the Nassau County Youth Court with a laugh. Kaplan adds, “Students take this commitment since September 2011. Moving the training sessions and seriously. They really rise to the occasion.” hearings to campus has accommodated the youth court’s rapid Nassau County high school students are not the only growth and given rise to new opportunities for high school and ones rising to the occasion. When Castillo joined Campagna law students alike. While the setting allows respondents and in training youth court volunteers, he realized that lecturing volunteers to step foot on a college campus for the first time, them about court proceedings would not work. “We needed it also makes it easier for more Hofstra Law students to take to get their attention,” he says, which meant getting to know part in the program and succeed Campagna, Castillo and their the students and understanding how to engage them. Castillo’s classmates when they graduate in May. youth court involvement has also honed some valuable legal For his part, Campagna is still considering a number of and communication skills. He explains, “You get answers from post-graduation prospects, including returning to his home students you don’t expect. You learn to think on the fly and state of Florida, where he has supported the youth court system ask the right questions.” Castillo and Campagna, in addition since his first encounter with it as a student. No matter where to classmate Dan Brown 3L, who got involved in the training his work takes him, Campagna will continue to participate effort last summer, get the further benefit of working closely in juvenile justice projects, including the Nassau County with the ADA. “Kara makes us think of things we might not Youth Court. “The kids in that program have become family consider,” says Castillo. to me,” he says. Like a big brother, Campagna knows all too well that A Growing Partnership and the Next Frontier positive energy makes a world of difference when you are As the number of cases handled by the Nassau County dealing with adolescents who have made mistakes: “We’re Youth Court has grown, so too has the partnership between the setting higher expectations and telling kids, ‘We believe in you. DA’s office and Hofstra Law. “Community partnerships have We trust you.’ And kids really respond to that” — especially been critical to the success of this program, and I am grateful when the message is coming from a jury of one’s peers. H
27 law.hofstra.edu Perspectives
BOOT
Hofstra Law Report • spring 2012 28 The Job Hunt Giving Graduates { a Leg Up By BAndrewOOT E. Berman
he challenges of the global economy have created a new competitive norm in the legal market. In this saturated environment, employers are Taggressively redefining their hiring goals and reassessing the essential competencies and skills they require from new lawyers. Graduates are now expected to perform in ways that new associates previously were not typically asked do so early in their careers. In addition to a thorough understanding of the law, employers increasingly want graduates to possess essential business and leadership skills, such as networking, client development, emotional intelligence and the ability to market business. In response to these heightened expectations, the Maurice A. Deane School of Law at Hofstra University has implemented the Professional Success and Leadership Development Program. Associate Dean and Dean for Professional Development Victoria Roberts ’90 has made it a top priority to train students in the essential skills and competencies that differentiate Hofstra Law graduates and make them desirable to employers in this economy. “Employers are looking for students who bring more to the table,” she says. “They want students who build client relationships with confidence, who can create professional networks; students who are team-oriented and proactive about the business imperatives of their employer. We are teaching our students how to define and communicate their differentiators, how to identify their unique strengths and value, and relate it to the market. We have surveyed practitioners, recruiters, consultants and alumni and brought these measurables and benchmarks into the law school experience.” This training directly impacts students’ ability to create hiring opportunities through building relationships with the legal community.
“Boot Camp 2012”
29 law.hofstra.edu x
Perspectives Alumni are enthusiastic and on board at Paul Hastings LLP, delivered the sultants to the legal community on with the program. They are eager to keynote, defining for the students communication skills, led workshops speak about these issues and share the essential competencies and skills on maximizing professional presence; their hard-earned knowledge with that all lawyers must eventually mas- strengthening speaking, writing and students. “This type of training is the ter for career success. listening skills; and audience-focused ‘secret handshake,’” says corporate “The information provided is so presentations. attorney Jane Myers ’79. “We didn’t immensely important to a success- Shannon & Manch, a top pro- learn the importance of fessional development these techniques and consultant to the legal strategies until we were community, conducted the out seven or eight years.” 2/3L program. Students Roberta Karp ’83, who developed skills based on provided the seed money enhanced self-awareness to launch the program, and an understanding of and others have donated the core competencies of funds in support, recog- leadership, and received nizing the need for and Left to right: Sean Romanoff, Consultant, Exec|Comm LLC; Victoria Roberts, Associate a personal assessment of importance of developing Dean and Dean of Professional Development; Siobhain McCarthy, Managing Director strengths and areas for these skills. of Global Attorney Development, Paul Hastings LLP; Michael J. Ende Assistant Dean potential development. Along with essen- for Career Services; and Jay Sullivan, Managing Partner, Exec|Comm LLC The workshop included a tial doctrinal and skills mix of lecture, breakout training, the Profes- sessions, role-play, prob- sional Success and Along with essential doctrinal and lem-solving challenges Leadership Development and case studies. Partici- Program provides a third skills training, the Professional pants learned how their track of programming for own unique skills and students. Developed with Success and Leadership Development traits influence their work Assistant Dean for and leadership styles, and Career Services Michael Program provides a third track of what skills are needed to Ende and Assistant Dean programming for students. maximize personal effec- for Student Affairs Lisa “ tiveness in a professional Monticciolo, this unique work environment. program gives Hofstra Law students ful career in any field, but especially “These workshops provided stu- an edge because they are trained to for the highly competitive legal field. dents with an expanded idea of how to meet the new market needs. This … information should be ”target their career, act in an interview The signature event of the pro- required of all students,” said Sam and network,” said Ian Bel 2L. gram is the Success Strategies Boot Scroggins 2L. “I learned more about The Professional Success and Camp. Hofstra Law hosted its third myself today than I have in 25 years. Leadership Development program not annual Boot Camp during the Janu- … I am able to now approach prob- only allows students to develop critical ary intersession. This year’s program lems, communicate, listen and think new skills, it gives them a key differen- featured separate full-day sessions in such a different way. … Today was tiator and a leg up in the hiring process. for 1Ls and for 2/3Ls. The programs the most beneficial law school experi- “We’re providing a unique offering to were attended by more than 150 stu- ence I have had thus far in terms of the legal community that most other law dents and had panels and breakout practicability and applicability.” schools do not,” says Roberts. These sessions led by accomplished law- The 1L program, “Communicat- business essentials speak to employers’ yers, academics and consultants. ing With Impact,” focused on both bottom-line needs and help Hofstra Law Siobhain McCarthy, managing direc- writing and oral presentation skills. graduates stand out in today’s market. H tor of global attorney development Exec|Comm, one of the leading con-
Hofstra Law Report • SPRING 2012 30 x
Perspectives The Student Experience
Trinh Tran 3L
As the managing editor of Family Court Review, one of Hofstra Law’s five law journals, Trinh Tran manages staff and oversees article selection, development and editing for this unique publication, which is written not only by lawyers and law professors, but also by other professionals, including doctors, social workers and psychologists. Despite the workload, Tran appreciates the added insight and experience. Tran also pursues her professional and personal interests as president of the Asian Pacific American Law Student Association. Last year, the association reenacted the 1949 Tokyo Rose trial in which the United States falsely convicted Japanese- American broadcaster Iva Toguri for transmitting slanderous broadcasts during World War II. “It was a very successful production,” says Tran. “Not many students knew about the trial or her eventual pardon. It highlighted some of the prejudices that many Americans, including Muslim Americans, face today.” Tran had a long track record of community involvement before coming to Hofstra Law; in fact, her activism is what ultimately led her to law school. After graduating from college, Tran was a Peace Corps volunteer for two years in Mali, where she helped For Trinh Tran, law school is women develop their micro-businesses. “When I joined the Peace Corps, people teased me by asking if about more than taking classes — I thought I could change the world,” she says. But the Peace Corps showed Tran that broader change starts it’s also about being part of on a more personal level. Tran, who is focusing her studies in immigration, the school community: ‘Hofstra family and civil rights law, believes that a legal career “ will allow her to do just that. She adds, “It’s a good fit, makes time for students to get really. You work with a client one-on-one and find ways to work out their problems.” H involved in organizations they are interested in.’ 31 law.hofstra.edu” Perspectives News From the Clinics
Law Reform Advocacy Clinic Keeping the ‘Fair’ in the Fair Housing Act Since 2006, nearly 50 student interns in the Law Reform Advocacy Clinic have diligently represented nine Latino tenants in a case against the Village of Farmingdale for violations of the Fair Housing Act. The lawsuit, which was brought in federal court, alleges that the village recruited a private developer to purchase and renovate a 54-unit apartment complex that housed predominantly Hispanic tenants. As part of the redevelopment plan, it is alleged, the village, motivated by hostility toward Latino day laborers, intentionally targeted the only Hispanic neighborhood by eliminating the existing affordable housing in the area. While only 12.6 percent of the village’s population is Latino, the plan resulted in the displacement of 21 percent of the Latino population and only 1.2 percent of the non-Hispanic white population. Farmingdale Village After years of work on the case, the law students and their clients achieved a significant victory in March of 2011 when they overcame a motion for The student interns successfully summary judgment brought by the village, convincing argued that there was enough U.S. District Court Judge Denis Hurley to send the case to trial. The student interns successfully argued evidence for a reasonable that there was enough evidence for a reasonable juror to find that the village’s juror to find that the village’s redevelopment plan had a disparate impact on the Hispanic population, “redevelopment plan had a which resulted in a disproportionate deprivation of affordable housing. disparate impact on the Hispanic Over the past six years, the hardworking students population, which resulted in a at the Law Reform Clinic have litigated this case under the supervision of Professor Stefan Krieger. Their disproportionate deprivation of goal has been to achieve justice for their clients while affordable housing. ensuring further protection for future tenants from violations by municipalities of the Fair Housing Act. This recent decision means that the case of Rivera v. Incorporated Village of Farmingdale will proceed to a ” full trial on the merits. H Hofstra Law Report • SPRING 2012 32 Perspectives
Child Advocacy Clinic the U.S. They also took care to explain to Carlos that legal guardianship gave his aunt and uncle the ability to Representing Undocumented make decisions on his behalf but that it did not terminate and Unaccompanied Youth his relationship with his mother. “Carlos” came to the United States from El Salvador Carlos was enthusiastic about staying with his with his sister when he was 15 years old. His mother left relatives and was already attending Brentwood the family to come to California years earlier, and his High School. The Child Advocacy Clinic worked with father had been killed, leaving Carlos and his sister with Carlos to prepare a motion petitioning the Family Court no one to care for them. Hoping to escape poverty and to grant legal guardianship to Carlos’ aunt and uncle. The gang violence in El Salvador, Carlos and his sister hired student interns collected information to demonstrate “coyotes” to smuggle them across the Mexican border to the judge assigned to their case that: Carlos was
Without the right to free government-appointed representation, minors like ‘Carlos’ must obtain free legal assistance through such organizations as Hofstra Law’s Child Advocacy Clinic, or they “will often have to represent themselves.
into Texas in hopes of joining their mother. During their under the age of 21 and had been abused, neglected or journey, the siblings were separated, and Carlos” was abandoned; reunification was impossible; and it was not detained by federal border patrol agents. in Carlos’ best interest to return to El Salvador. On the Because Carlos’ mother was an illegal alien, she day of the hearing, the judge granted Carlos’ petition for did not step forward, and with no right to government- guardianship, along with “special findings,” which must appointed counsel, Carlos could have been forced to be obtained in order to establish Carlos’ eligibility for face deportation proceedings alone. Fortunately, Carlos SIJS before an application is made to U.S. Citizenship had an aunt and uncle living in the U.S., who came to and Immigration Services. pick him up and take him to their home in Brentwood After their successful day in court, the Child Advocacy on Long Island. However, even though Carlos was safely Clinic referred Carlos to a nonprofit organization that with his relatives, because he had no legal guardian, he would then take him through the process of obtaining was an unaccompanied youth for immigration purposes. legal status in the U.S. With SIJS status, Carlos could The Child Advocacy Clinic took the case to help then become a permanent resident, allowing him to live secure legal guardianship status for Carlos with his and work legally, obtain financial aid for college and aunt and uncle at their residence in Brentwood. Carlos apply for U.S. citizenship within five years. did not speak much English and was understandably The Department of Homeland Security nervous when he met with the student interns at the detains approximately 8,000 unaccompanied and clinic. The student interns quickly worked to gain his undocumented minors each year, a number that is trust and establish a relationship, assuring Carlos that rapidly growing from year to year. Without the right to he was their client and that it was their job to help him free government-appointed representation, minors like and represent his wishes before the judge. They told him Carlos must obtain free legal assistance through such that if his petition was granted, he would stay with his organizations as Hofstra Law’s Child Advocacy Clinic, or aunt and uncle and would be able to apply for special they will often have to represent themselves. H immigrant juvenile status (SIJS), allowing him to stay in
33 law.hofstra.edu Perspectives
The student interns were able to negotiate a settlement for their client that allowed ‘Harriet’ to recoup her entire investment along with some pecuniary compensation, “while avoiding arbitration.
Securities Arbitration” Clinic was suitable and appropriately managed. The interns Protecting Seniors From explained to Harriet that due to the surrender penalty, a variable annuity requires a long-term investment Unscrupulous Investors objective. They told her that variable annuities carry “Harriet,” age 67, was a retired public school teacher high fees, which make them particularly attractive to and cancer survivor living alone on a fixed income. In broker-dealers but threaten to eat up a large portion of 2009, Harriet received a cold call from a stockbroker, any potential gains from a retired, short-term investor. promising to help her with her investment strategy. Through careful research, the student interns Harriet agreed to a meeting, where she told the learned that many states had enacted legislation to broker that she was looking for a safe way to maximize prevent some of the consequences befalling seniors her savings while receiving periodic payments. She who are victimized by unscrupulous brokers pushing warned the broker that she did not want to get variable annuities. The fact that, by cold-calling Harriet, involved in anything risky that might require a long- the broker likely violated his ethical duties only added term investment before yielding a profit. The broker fuel to the fire. recommended a variable annuity. He explained to her Harriet’s contract with her broker contained an that a variable annuity was essentially a combination of arbitration clause, requiring resolution by the Financial mutual funds with insurance features that would keep Industry Regulatory Authority, which regulates all her capital investment intact while providing her with a securities firms doing business in the United States. monthly income. However, before proceeding to arbitration, the student However, upon receiving statements showing her interns, accompanied by their supervisory lawyer, invested savings quickly dropping from $20,000 to met with the broker and his lawyer. Armed with a $15,000 over a period of a few months, Harriet got memorandum supporting the strength of their argument, nervous and told her broker she wanted out. After the student interns were able to negotiate a settlement removing her money, Harriet was hit with surrender fees for their client that allowed Harriet to recoup her entire leaving her with only $11,000 from her initial investment. investment along with some pecuniary compensation, Believing she had been victimized, Harriet turned to the while avoiding arbitration. students at the Securities Arbitration Clinic, who have Without representation by organizations like the experience representing low-income individuals with Securities Arbitration Clinic, low-income investors fraud claims. often find that the deck is stacked against them when The student interns at the clinic informed Harriet they are forced to represent themselves before FINRA, that her broker violated fiduciary duties that he owed especially if they are challenging action by well-funded to her as a client, which ensured that her investment financial institutions. H
Hofstra Law Report • SPRING 2012 34 Spotlight Joanne F. Goldstein ’74 { Making Her Mark
By Andrew Clark
o matter what stage of life you are in, you should something I had originally planned on,” says Goldstein. never fear a shift in careers, says Joanne “But it’s something that I would recommend to everybody. NGoldstein ’74. It’s a scary proposition, she Jobs in the public sector are something to keep an open admits. And Goldstein can speak from personal experience. mind about. Give back whenever you can, whether it’s to a After spending nearly her entire career in the private state or to a city. If you ever have the opportunity to do sector of labor law, Goldstein has spent the public service, do it.” past four years tirelessly working for the Goldstein was appointed to her current public. post at the beginning of 2010 by Governor But for Goldstein, who is currently Deval Patrick after only three years with the Secretary of Labor and Workforce state. She was originally appointed chief of the Development for her home state of Fair Labor Division by Massachusetts attorney Massachusetts, having the opportunity to general and former Senate candidate Martha serve the public is an opportunity that she Coakley. During Goldstein’s time in that role, just had to seize. “At the time, when I had the her main focus was enforcing wage and hour opportunity to work for the state, it wasn’t laws in the state. Joanne F. Goldstein ’74, Massachusetts Secretary of Labor and Workforce Development
Give back whenever you can, whether it’s to a state or to a city. If you ever have the opportunity to do public service, do it. Photo courtesy of the Executive Office of Labor and Workforce Development Photo courtesyof Labor and Workforce of the Executive Office “ 35 ”law.hofstra.edu Spotlight
Since being elevated to secretary, Goldstein’s tasks identities. According to Goldstein, Hofstra Law afforded her have changed as she is now in charge of roughly 1,700 state certain opportunities, such as spending an entire semester employees. In her current job, Goldstein oversees the state’s working during her third year, which was instrumental in five labor and workforce regulatory agencies — Career giving her a leg up as she began her career. Services, Unemployment Assistance, Labor Standards, “Hofstra provided me with a wonderful foundation for Labor Relations and my legal career,” says Industrial Accidents. “Day Goldstein. “The school was a to day, it’s a lot of fun,” very exciting and interesting Goldstein says, “though it’s place to be. Hofstra took a incredibly challenging and chance on me, and in turn, [I] fast-paced. There is a great took a chance on the school. diversity of issues that we And my experience at the face.” school turned out to be Just one year into her spectacular.” new job, Patrick reappointed It was a Hofstra Law
Goldstein to the same post as Photo by Matt Bennett/Office of the Governor, Commonwealth of Massachusetts connection that helped land he began his second term in Goldstein her first job in the office. Being able to continue to help out the working class is legal world. As Goldstein was looking for work out of law something that Goldstein cherishes. In fact, it’s the reason school, her mentor, Professor Eric Schmertz (who later led she decided to become a lawyer in the first place. Hofstra Law as dean), encouraged the partners of the “The reason that I went to law school was so that I could Boston-based firm Angoff, Goldman, Manning, Pyle and use my degree to help the world,” says Goldstein. “I really Wagner to look at his former student. She was ultimately became interested in the field of social economic justice and hired as an associate and became the first woman to practice decided to work in the area of unionized labor, since that’s union-side labor law in the state. an area that can help so many different people.” After eight years at the firm — and with a second child on the way — Goldstein felt she was at a point where she Even if you’ve been doing should start her own employment and labor law practice. Representing a gamut of different unions, Goldstein something for a number specialized in the utilities field. For more than a decade, she established a strong track record in labor law and was of years, it never hurts to go ultimately offered a position as general counsel for the Utility Workers Union of America in 1996. The new ahead and try something new. “ position — which was based out of both Massachusetts and Washington, D.C. — was replete with challenges for Rising Through the Ranks Goldstein. She was tasked with overseeing all union legal As a member of the second graduating class” in the matters and leading the way for national union policy in history of the Maurice A. Deane School of Law at Hofstra areas such as safety issues and health care. University, Goldstein says she had a unique relationship Working for the betterment of unions is a responsibility with the Law School, as both were trying to find their that Goldstein has held dear to her heart since graduating
Hofstra Law Report • SPRING 2012 36 Spotlight
The reason that I went to law school was so that I could use my degree to help the world. ... I … decided to work in the area of unionized labor, since“ that’s an area that can help so many different people. law school. When asked about what she thought was the In addition to her job as secretary,” she is a member of most critical issue facing the field of labor law today, she Patrick’s Cabinet and is part of a separate five-member said that recognizing the importance of unions is first and “Development Cabinet,” which works toward increasing foremost. job and economic growth within the state. “There is less recognition today about how important However, her chief focus is overseeing the state’s labor unions are, both historically and currently,” says Goldstein. agencies. It’s a job that comes with many challenges “Amidst the economic crisis the country is facing, it has attached to it, she says: “The biggest challenge of the job forgotten that unions are this organic vehicle which helps is to keep the economic engine of the state running. You the middle class exist.” have to do things such as matching employers and employees. And Massachusetts is a growing state, which Transitioning Into the Public Realm adds to the challenge. Then there’s a secondary challenge Goldstein’s appointment by Coakley in 2007 marked of trying to work within the confines of your resources. her first foray into the public sector. It was something that You always are trying to do more with less and utilizing she hadn’t quite considered before, but Goldstein felt that what you have in the most efficient way.” the opportunity to serve her home state could not be passed To make things even sweeter for Goldstein, in addition up. Though she’s spent only four years to having an impact on the lives of in the public arena, Goldstein has thousands in Massachusetts on a realized that there are trials and daily basis, she also has the
tribulations to both private and public opportunity to serve the place where practice. she grew up. A native of Worcester — “There are differences amongst a city situated roughly an hour west of the sectors, though I like both very Boston — Goldstein has had no much,” Goldstein says. “With the regrets about her decision to leave private sector there are more resources private practice behind and switch to work with and there is less public careers.
scrutiny attached to your work. And of the Governor, Photo by Matt Bennett/Office Commonwealth of Massachusetts “I really encourage shifting in there is more opportunity to follow one’s professional life,” says your own individual ideas. With the public sector, there are Goldstein, a mother of three and grandmother of two who less resources, but you really get to help a large number of now lives in suburban Boston with her husband. “Even if people. Both fields have their advantages.” you’ve been doing something for a number of years, it never These days, Goldstein wears many hats for the state. hurts to go ahead and try something new.” H
37 law.hofstra.edu Photo courtesyof Cuba Broadcasting of the Office Carlos García-Pérez ’88 Radio Free Cuba – { The Next Generation Spotlight
By David A. DeCicco
rowing up in Puerto Rico, Carlos García-Pérez ’88 learned to dream of a free Cuba, the country his parents Gfled many years before. Today he is helping the Cuban people make informed decisions about their futures in a unique and unexpected way as the director of the Office of Cuba Broadcasting (OCB), which is dedicated to both providing objective information and holding government accountable. OCB’s roots go back to 1983, when President Ronald Reagan established Radio Free Cuba, a 24-hour, Spanish-language news- and-information broadcast service to Cuba, to fight communism and weaken Fidel Castro. Although the Castro regime continues to exist, operations such as Radio Free Cuba, which is now known as Radio and TV Martí, have arguably succeeded in their efforts to undermine the dictatorship by providing objective information in a country where press censorship and intimidation are rampant. At first glance, García-Pérez might have seemed an unlikely choice for a journalistic director whose international broadcasts would promote freedom and democracy. Born in Miami and raised in Puerto Rico, García-Pérez graduated from Duquesne University His background in law, in Pittsburgh, where he studied economics and international relations. García-Pérez pursued another family dream when he international business experience became a student at the Maurice A. Deane School of Law at and longstanding advocacy of the Hofstra University. (His father’s plans for a legal career were interrupted when he fled Cuba after the revolution.) “Cuban-American community Carlos García-Pérez ’88 After graduating from Hofstra Law, García-Pérez became a member of the Puerto Rico and Florida bars and built a successful make him a natural for the job. career as a commercial litigator. He was a partner at Goldman Antonetti & Córdova, one of Puerto Rico’s largest law firms, when President Barack Obama recommended his appointment to OCB ” in September 2010.
39 Spotlight
While García-Pérez’s path to journalist-advocate was indirect, his background in law, international business experience and longstanding political involvement within the I admire that will Cuban-American community made him a natural for the job. to reinvent oneself. And it gave him the opportunity to pursue a lifelong passion for promoting a free Cuba. now provide valuable information to small-business owners without“ Internet access. His ability to adapt and advocate made it possible for him to bring about the change necessary to align values, resources and programs with” the mission of the organization. As with any quasi-political position, García-Pérez is learning to deal with criticism of Radio and TV Martí’s $30 million budget and indeterminate audience. Last year, Rep. Betty McCollum of Minnesota introduced the Stop Wasting Taxpayer Money on Cuba Broadcasting Act to end U.S. taxpayer funding for Radio and TV Martí. In an April 1,
2011, press release, she noted, “Independent surveys of the Photo courtesy of the Office of Cuba Broadcasting Cuba of Office the of courtesy Photo program found that up to 99 percent of Cubans never hear or Eleven months into his new job, García-Pérez returned to see these broadcasts because the Cuban government blocks Hofstra Law to share his experience and insight with fresh- the signal, and the information that does get through is largely faced 1L students at orientation in August 2011. His message: ignored by the Cuban people.” (Currently, the bill has Pursue your dreams, wherever they lead. 10 co-sponsors and rests with the House Committee on García-Pérez himself has been undaunted by changing Foreign Affairs, where its future is uncertain at best.) career directions, which he learned from his Hofstra Law Other surveys have documented effective broadcasts and professors. When 1Ls asked about inspiring professors, listenership, including a Miami Herald survey last spring García-Pérez described Janet Dolgin, the Jack and Freda which found that 43 percent of Cubans who had immigrated Dicker Distinguished Professor of Health Care Law and to the U.S. within the preceding six months had listened to director of Hofstra Law’s Institute for Health Law and Policy, Radio Martí, while 6.5 percent of them had watched TV Martí. who taught securities law when he was a student. “I admire These numbers bode well for OCB, which has had difficulty that will to reinvent oneself,” he said. “In my case, it was measuring and reporting listenership with any degree of changing from law to journalism.” precision, given the obvious challenges associated with For García-Pérez, his legal and professional skills, many surveying its target audience. of which were cultivated during his time at Hofstra Law, and Yet despite these difficulties, Radio and TV Martí have his strong Cuban identity and interest in a free society made survived in the face of criticism about public funding and it an easy transition. In addition, his willingness to learn new efficacy. Some of its supporters have no doubt watched with skills came in handy as it became apparent that social media great interest the role that media has recently played in the would be a critical component moving forward if he were to wave of democratic revolutions sweeping across North Africa continue the reinvention of Radio and TV Martí. and the Middle East. While media sites like Twitter and Building on earlier changes to the content of the YouTube may not be the reason for these revolutions, they broadcasts to meet more objective journalistic standards, have certainly provided a stage for unobstructed information. García-Pérez has put a keen focus more on making the As García-Pérez leads the next generation of Radio and programming more relevant to Cubans in their day-to-day TV Martí, he is broadcasting the same kind of unobstructed lives and has placed an even greater emphasis on sharing information that may one day lead to a family dream shared news and information within Cuba. For example, programs by millions of Cuban-Americans. H
Hofstra Law Report • SPRING 2012 40 Faculty Notes
Publications, Activities and Honors, January-December 2011
MIRIAM R. ALBERT BENNETT CAPERS Trial class. • She presented her paper Professor of Skills Professor of Law “Batson ‘Blame’ and Its Implications for Equal Protection Analysis” at the Publications: “Ten Tips for a Successful Publications: “Giving a Blessing to Bias,” University of Iowa College of Law’s {Transition from Law School to Law “Room for Debate” series: Are Religion and conference “Batson at Twenty-Five: Practice,” Business Law Today (May) Marriage Indivisible?, The New York Times Perspectives on the Landmark, Reflections (June 29) • 99 California Law Review on Its Legacy” in October. Activities: Albert presented “Bridging (2011) the Gap: Integrating Ethical Issues and Skills Training into Traditional Doctrinal Activities: Capers discussed the J. SCOTT COLESANTI Contracts Teaching” with Jennifer personification of justice at the Yale Law Associate Professor of Legal Writing Gundlach at the sixth annual Conference School colloquium “Courts: Representing on Contracts at Stetson University College and Contesting Ideologies of the Public Publications: “Harmony or Cacophony? A of Law in February. • She presented Spheres.” • He presented “Real Rape Too” Preliminary Assessment of the Responses “Bridging the Gap: Integrating Ethical Skills and his work in progress “Real Women, to the Financial Crisis at Home and in the Exercises to Enrich Learning in First Year Real Rape” at a faculty workshop at EU,” 1 Harvard Business Law Review Online Courses” with Gundlach at the Institute Suffolk Law School in February. • He 60 (2011) for Law Teaching and Learning Summer participated in the “Should Good People 2011 Conference at New York Law School Be Prosecutors?” debate in March. • He Activities: Colesanti served as attorney- in June. • In July she spoke on a panel at participated in the 2011 Criminal Justice advisor to the Roslyn High School Mock the SEALS titled “Contracts: A Fresh Look Roundtable at Yale Law School in April. Trial Team. • He presented “Global at Classic Doctrines and Cases.” • She was • He was an invited commentator for a Responses to the Financial Crisis: Will appointed staff editor at the American panel on criminal law at the 2011 AALS They Work” at the Investment Section of Business Law Journal and to the editorial Workshop “Women Rethinking Equality.” the Society of Actuaries annual meeting in board of Business Law Today. Honors: Capers was appointed to serve New Orleans in May. on the New York State Judicial Screening Committee by Governor Andrew Cuomo. ALAFAIR S. BURKE RONALD J. COLOMBO Professor of Law Associate Professor of Law ROBIN CHARLOW Publications: Long Gone (Harper) • “DSK Professor of Law Publications: “Cooperation with Securities and TMI,” The Huffington Post (July 5) Fraud,” 43 Securities Law Review (2011) Activities: Charlow participated in the Activities: Burke delivered a lecture at the “Should Good People Be Prosecutors?” Activities: Colombo was invited to U.S. Attorney’s office in Washington, D.C., debate in March. • She was a guest lecturer serve as a two-week guest blogger for on prosecutors’ obligations to disclose for the North Shore Middle School Mock The Conglomerate. • He participated in exculpatory evidence to the defense in February. • She participated in the “Should Good People Be Prosecutors?” debate in March. • She presented “Legal elites must come to terms with a reality driven “Prosecutors and Peremptories” at the by the grass-roots electorate: judicial elections are here to stay. Given this University of Iowa College of Law’s reality, we should focus on balancing important First Amendment rights to conference “Batson at Twenty-Five: Perspectives on the Landmark, financially support campaigns with due process concerns about fair trials.” Reflections on Its Legacy.” • She presented “Why Community Prosecutors — James Sample in his April 18 New York Times op-ed, Need Community Defense Lawyers,” “You Get the Judges You Pay For” co-authored with Bruce Green, at the Community Prosecution and Community Defense Conference at Wake Forest University School of Law in November.
41 law.hofstra.edu Faculty Notes January-December 2011
Honors: DiFonzo’s course Family Law “Here’s the thing about criminal cases — With Skills has been selected by Educating especially rape cases. You look at them from one angle, and the government Tomorrow’s Lawyers (ETL) as a model of has a slam dunk. You look from another, and reasonable doubt starts exemplary innovative teaching. popping up. That’s why we have juries and judges. Even in our rough and tumble system where the vast majority of cases don’t go to trial, it’s why we ERIC M. FREEDMAN have discussions between counsel and plea negotiations.” Maurice A. Deane Distinguished Professor of Constitutional Law — Alafair S. Burke, discussing the Dominique Strauss-Kahn case in her July 5 article for The Huffington Post, “DSK and TMI” Publications: “Dimension I: Habeas Corpus as a Common Law Writ,” 46 Harvard Civil Rights-Civil Liberties Law Review 592 the Federal Bar Council’s panel “Insider Federal Immigration Domain?”, co- (2011) • “Further Discussion of No-Fault Trading” in February. • He participated in sponsored by the Center for Law and Divorce and Due Process,” New York Law the Notre Dame symposium “Corporate Government at Washburn University Journal (March 16) • “Weakening the Rule Governance and Business Ethics in a School of Law and the Washburn Law of Law,” The New York Times (May 25) Post-Crisis World” in April. • He reviewed Journal. developments following the Morrison v. Activities: Freedman spoke at the Vermont NAB case with leading securities lawyers Honors: Demleitner received the Law Review’s 11th annual symposium “New in October. • He served as co-counsel and Leadership in Law Award from Long Island Perspectives on Capital Punishment” in co-author of an amicus brief in the Second Business News. • She received an award February. • He presented “Current Issues in Circuit case Elliott Associates v. Porsche, from the Nassau County Supreme Court Habeas Corpus for Seasoned Practitioners” No. 11-447. judiciary for her commitment to justice, at the annual Habeas Corpus Training education and equality. for Capital Post-Conviction Attorneys in July. • He presented “Mental Illness as an NORA V. DEMLEITNER Exclusion from the U.S. Death Penalty” Dean and Professor of Law J. HERBIE DIFONZO at the 32nd Congress of International Professor of Law Association for Law and Mental Health Publications: “Using the pardon power in Berlin in July. • He presented at the NAACP Legal Defense Fund’s 32nd Annual to prevent deportation: legitimate, Publications: “Technology in Academic desirable, or neither in a federal system?” Success: Creating an Online Learning Capital Punishment Training Conference in 12 Loyola Journal of Public Interest Law Community,” The Learning Curve (January) July. • He participated in the symposium 365 (2011) • “Politics of fear tactics,” • “Hofstra’s Family Law with Skills Course: “From Brown (1954) to Brown (1963) and The National Law Journal (June 27) • Implementing FLER (the Family Law Beyond” at Hofstra University in October. “Colliding or Coalescing: Leading a Faculty Education Reform Project),” 49 Family and an Administration in the Academic Court Review 685 (2011) (with Andrew Enterprise,” 42 Toledo Law Review 605 Schepard) • “How Marriage Became MONROE H. FREEDMAN (2011) Optional: Cohabitation, Gender, and the Professor of Law Emerging Functional Norms,” 8 Rutgers Activities: Demleitner chaired a Journal of Law & Public Policy 521 (2011) Publications: “Henry Lord Brougham and subcommittee of the ABA Corrections Resolute Lawyering,” 37 The Advocate’s Committee that drafted ABA resolutions Activities: DiFonzo spoke at the ABA Quarterly 403 (2011) • Understanding on the voting rights of convicted offenders Health Law Section Public Health Lawyers’ Ethics, 4th Edition (LexisNexis) and on prisoners’ residency. • She was and Policy Interest Group’s member a keynote speaker at an event at the teleconference “Medical Marijuana: A Nassau County Supreme Court in March. Public Health Legal Conundrum?” in June. • She presented “Still Struggling With Its • He and Andrew Schepard presented Identity: Legal Education Then and Now” “Family Law Education Reform and the at the Hofstra Cultural Center conference Family Law Judiciary” at the annual “The only winners in “1935: The Reality and the Promise” in conference of the National Council of April. • She gave the lecture “Native Juvenile and Family Court Judges in July. the Madoff scandal American Sex Offenders: More Harsh • He gave the lecture “Parenthood in Federal Punishment or an Alternative Way the Twenty-First Century: The Evolving are the lawyers, Forward after Booker” at the Race and Functional Norms” at the “Challenges and but that’s the nature of the beast.” Criminal Justice in the West Conference Creating and Maintaining the Family” panel at Gonzaga Law School in September. • at Hofstra Law’s “Exploring the American She spoke at the symposium “Breaching Family” conference in November. — Ronald Colombo to CNNMoney on Borders: State Encroachment in the February 16, discussing Bernard Madoff’s Ponzi scheme that victimized thousands but allowed lawyers and consultants to reap millions in payments Hofstra Law Report • SPRING 2012 42 Faculty Notes January-December 2011
Activities: In January Freedman MITCHELL GANS FRANK GULINO moderated the NYSBA panel “Ethical Rivkin Radler Distinguished Professor of Associate Professor of Legal Writing, Considerations in the Practice of Animal Law Director of Student Advocacy Programs Rights Law.” • He spoke on criminal and Faculty Advisor to Moot Court Board defense lawyers’ ethics at the annual Activities: Gans moderated the conference meeting of the Florida Association of “Estate Planning in 2011 and Beyond,” Publications: Deputy editor, William Criminal Defense Lawyers in June. • He hosted by Hofstra Law in partnership with Herbert, ed., “Asia/Pacific,” 45 International participated in a FOX News debate on the the American College of Trust and Estate Lawyer 455 (2011) • Deputy editor, Justice Clarence Thomas recusal case in Counsel, in March. Arnold S. Rosenberg, et al., “International December. • He served as guest at The commercial transactions, franchising, and George Washington University Law School distribution,” 45 International Lawyer 191 reunions of the classes of 1961, ’66 and ’71. ELIZABETH M. GLAZER (2011) Associate Professor of Law and Honors: Freedman was honored in a Co-Director for the LGBT Fellowship Activities: Gulino was invited to grade special tribute at the American Board written memorials and judge two rounds of Criminal Lawyers annual meeting in Activities: Glazer’s paper “Sexual of oral argument in the Mid-Atlantic Super Washington, D.C., in October. Reorientation” was chosen for Regional Round of the Philip C. Jessup presentation at the New York City Junior International Law Moot Court Competition Faculty Colloquium. at The George Washington University LEON FRIEDMAN Law School in February. • He served as a Joseph Kushner Distinguished Professor Honors: Glazer was selected by Hofstra memorial judge in the 2011 Hardy C. Dillard of Civil Liberties Law Law students as 2011 Teacher of the Year. Competition and as a brief screener for the Scribes Brief-Writing Award competition. • Publications: In The Huffington Post: He served as deputy editor for the annual “Fixing the Deficit by Getting Help from DANIEL J.H. GREENWOOD Year in Review issue of The International the Top 1%” (April 18); “Can the President Professor of Law Lawyer. • He selected and coached the Legally Continue to Use Military Force in Hofstra Moot Court Team, which was Libya?” (April 29); “The Constitutionality Publications: On Dissent Magazine’s named regional champion of the Region II of the Federal Health Care Law” (May 13); Arguing the World blog: “The General Rounds of the National Moot Court “Why Is the Federal Government Welfare” (February 1); “Misreading the Competition in November. Surrendering Its Best Argument to Defend Commerce Clause” (February 4); “Fix the the Attack of the Health Care Law?” Dams!” (February 23); “Don’t Blame Liberal (November 17); and “Where Our Nation Individualism for the Nuclear Crisis” (March JENNIFER GUNDLACH Has Failed” (December 13). 18); “Calvin Coolidge Lives! A Budget of Senior Associate Dean for Academic Shame” (April 11); “Unemployment Is a Affairs and Clinical Professor of Law Activities: Friedman participated in Political Choice” (June 2); “What to Do the South Carolina Historical Society about the Debt Ceiling” (July 25); and Activities: Gundlach presented “Bridging colloquium “J. Waties Waring and the “The Appalling Deficit Deal” (August 1) • the Gap: Integrating Ethical Issues and Dissent that Changed America” in May. “Law Schools, Grades and Scholarships,” Skills Training into Traditional Doctrinal The New York Times (May 7) • “Market Contracts Teaching” with Miriam Albert at Irrationality in the Law School ‘Arms the sixth annual Conference on Contracts LINDA GALLER Race,’” The Huffington Post (May 6) at Stetson University College of Law in Professor of Law February. • She presented “Bridging the Activities: Greenwood was invited to Gap: Integrating Ethical Skills Exercises to Activities: Galler was a featured speaker contribute to the American Constitution Enrich Learning in First Year Courses” with at the New York Law School Graduate Tax Society blog on Citizens United. Albert at the Institute for Law Teaching Program Annual Tax Lawyering Workshop, presenting “What Is Substantial Authority in Light of Mayo and Current Trends in Treasury Guidance?” in April. • She was be sitting on a case or reviewing a featured speaker at “Foreign Bank “Justice Thomas should not Account Reporting Amnesty II: The Good, a statute that his wife has lobbied for. If the judge’s impartiality might The Bad and The Ugly” in June. • She was reasonably be questioned, that creates a perception problem.” a featured speaker at “Tax Aspects of Real Estate Transactions” in November. — Monroe H. Freedman to The New York Times on February 5, on the ethical issue of Justice Clarence Thomas’ remaining independent despite his wife’s conservative activism
43 law.hofstra.edu Faculty Notes January-December 2011
and Learning Summer 2011 Conference at for Finance Regulation and Economic ERIC LANE New York Law School in June. • She was Development at the Chinese University of Interim Dean and Eric J. Schmertz elected to the board of trustees of the Hong Kong in April. • He gave the lecture Distinguished Professor of Public Law and Judge David L. Bazelon Center for Mental titled “Taming Globalization” to the faculty Public Service Health Law in Washington, D.C. at the Chinese University of Hong Kong in April. • He gave a series of lectures at the Publications: A Report Card on Civic Chinese University of Political Science and Literacy, Brennan Center for Justice at SUSAN H. JOFFE Law in Beijing, including “Legal Aspects NYU School of Law (2011) (with Meg Associate Professor of Legal Writing of the U.S. War on Terrorism” and “The Barnette) • “New Yorkers, your civic Debate over Judicial Review in the United ignorance is showing: We’re government Activities: Joffe served on the Brief- States,” in April. • He was a panelist at illiterates, no thanks to schools,” New York Writing Award committee for Scribes, the the American Society of International Daily News (April 20) American Society of Legal Writers. • She Law Teaching International Law Interest presented at the 2011 Western Regional Group Workshop at Pace University Activities: Lane participated in the NY1 Legal Writing Conference at the University School of Law in May. • He served as Online “Inside City Hall” discussion on civil of San Francisco Law School in August. counsel for an appellate brief in the knowledge. • She presented to the group Personal Second Circuit on behalf of international Enrichment in Retirement at Hofstra law scholars defending the legality of an University in October. anti-suit injunction under international THEO LIEBMANN Director of Clinical Programs and Clinical Professor of Law
“History will record the triangulation of [the Publications: “Charting a Better Future Obama] administration as a more permanent weakening of the for Transitioning Foster Youth,” American Bar Association (2011) (with Miriam Aroni rule of law than any of the radical follies of its opponents.” Krinsky)
— Eric M. Freedman in a May 25 letter to the editor of The New York Times in Activities: Liebmann helped coach the response to the editorial “A Conflict Without End” on a House bill that Hempstead High School Mock Trial Team, “would allow attacks not just against Al Qaeda and the Taliban but also any which advanced to the third round of the ‘associated forces that are engaged in hostilities against the United States’” New York State Mock Trial Tournament in March. • He gave the lecture “The Impact of Immigration Law on Family Law Practice: Collateral Consequences FRED KLEIN law. • He presented “International Law and Collateral Opportunities” at the Visiting Assistant Professor of Law and the War on Terror: a Ten-Year Hofstra Law conference “Exploring the Retrospective” at the International Law American Family” in November. • He led Activities: Klein was appointed to a special in Crisis conference in September. • a presentation to New York Family Court task force formed by the Nassau County He presented his paper “China and the judges, hearing officers and referees on Bar Association to deal with problems Future of International Adjudication” at special immigrant juvenile status. at the embattled Nassau County police the University of Maryland Carey School crime lab. of Law as part of “China, Taiwan, and International Law: A Symposium in Honor SERGE MARTINEZ of Hungdah Chiu.” • He filed a brief amicus Associate Clinical Professor of Law and JULIAN KU curiae in support of appellees in Doe v. Co-Director for the LGBT Fellowship Professor of Law Nestle. • He was a panelist for “Endless Wars 2: Global Security and U.S. Policy, Honors: Martinez was awarded a Fulbright Activities: Ku presented “The U.S. Post 9/11” at Hofstra University’s Day of grant to teach during the 2011-2012 Constitution and International: Libya as a Dialogue IX in October. • He spoke at the academic year at the National Taiwan Case Study” at Fudan University School career development panel “Fulbright, University College of Law in Taipei. of Law in Shanghai in March. • He gave Princeton LAPA, and Other Research the lecture “Globalization and the U.S. Leave Opportunities” at the Hofstra Law Constitution” at a seminar hosted by the conference “Exploring the American ASHIRA OSTROW Center for Chinese and Comparative Law Family” in November. Associate Professor of Law at the City University of Hong Kong’s School of Law in April. • He gave the Honors: Ostrow was the co-winner of the lecture “The Limits of Corporate Rights 2011 AALS Scholarly Papers Competition Under International Law” at the Center for her article “Process Preemption in
Hofstra Law Report • spring 2012 44 Faculty Notes January-December 2011
Federal Siting Regimes,” 48 Harvard Journal on Legislation 289 (2011). “We, the people, are sleepwalking through America’s decline. We are at the point that unless we quickly address our disengagement from and ignorance of the way our government ALAN N. RESNICK works, through aggressive teaching of the basics in our schools, the nation’s Benjamin Weintraub Distinguished Professor of Bankruptcy Law very strength and prosperity will be at stake.”
Activities: Resnick presented “Enhancing — Eric Lane in an April 20 New York Daily News op-ed Disclosure in the Bankruptcy Process” about the findings of his study on New Yorkers’ civic literacy at the 15th Biennial Judge Joe Lee Bankruptcy Institute at the University of Kentucky in June. Child Custody Evaluations: A Discussion Future of Court ADR: Mediation and Paper” (October 2011) (authored by the Beyond” in September. • He delivered the Association of Family and Conciliation keynote address, “‘I Get No Respect’ — Improving the Public Perception of Family JAMES SAMPLE Courts Child Custody Consultant Task Force, for which he served as a reporter) Lawyers in Law School and Beyond,” at the Associate Professor of Law 2011 Family Law Annual Conference of the
Activities: Schepard presented “Kramer v. Oregon State Bar Family Law Section in Publications: “General Electric’s $0 Kramer Revised” at the 2011 Gilvary October. Tax Bill: A Citizens United Perspective,” Symposium on Law, Religion and Social The Huffington Post (March 25) • “You Justice at the University of Dayton Law Honors: Schepard’s course Family Law Get the Judges You Pay For,” The School in January. • He helped coach the With Skills was selected by Educating New York Times (April 18) (with Erwin Hempstead High School Mock Trial Team, Tomorrow’s Lawyers as a model of Chemerinsky) • “Stanching the Cash which advanced to the third round of the exemplary innovative teaching. Flow,” The American Prospect (September New York State Mock Trial Tournament in 19) (with Erwin Chemerinsky) • “Lawyer, March. • He was a featured speaker at the Candidate, Beneficiary, AND Judge? Role Barry University School of Law symposium Differentiation in Elected Judiciaries,” The NORMAN I. SILBER “The Future is Now: Collaborative & University of Chicago Legal Forum (2011) Associate Dean for Intellectual Life and Therapeutic Family Law” in March. • He Professor of Law
presented at the Interdisciplinary Forum Activities: Sample spoke at the University on Family Law and Mental Health of Silber co-hosted the panel of San Francisco Law School’s symposium, Activities: New York in March. • He presented the discussion “Media Portrayals of the “Democracy, Inc? Citizens United, workshop “Intimate Partner Violence Best Non-Profit World” at Yale Law School in Corporate Expenditures & the Future of Practices: The Uniform Collaborative Law February. Campaign Finance Law” in February. Act Raises the Bar” at the conference of the Association of Family and Conciliation Courts in June. • He and J. Herbie DiFonzo ANDREW SCHEPARD JUDD SNEIRSON presented “Family Law Education Reform Visiting Associate Professor of Law Director of the Center for and the Family Law Judiciary” at the Children, Families and the Law and Professor of Law National Council of Juvenile and Family Activities: Sneirson gave the lecture Court Judges annual conference in July. “The Sustainable Corporation and • He presented “Families Do Matter: Publications: “The Law and Children” Shareholder Profits” at the Wake Forest column, the New York Law Journal: Changes in Divorce Practice 1960-2011” to Law Review 2011 Business Law Symposium “Raising New York’s Age of Criminal the Family Law Section of the American in April. • He presented his paper “An Responsibility for Juveniles” (January 28); Bar Association at the ABA meeting in Intellectual History of Shareholder “Jurisdiction, Due Process and No-Fault Toronto in August. • He was reappointed Primacy, from Dodge v. Ford through the Divorce” (March 14); “Law and Children: as chair of the Policy and Advisory Rise of Financialism” at the First Annual Collateral Consequences for Young People Committee of the Commission on Youth Sustainable Companies Conference, Convicted as Adults” (May 9, October 31) at Risk of the American Bar Association “Toward Sustainable Companies: • “Family Law Education Project Seeks for 2011-12. • He presented “Ethical Issues: Identifying New Avenues,” at the University Law School Curricular Reform,” Unified Zealous Advocacy versus Best Interests of Oslo in August. Family Court Connection (Winter 2011) of Children” at a joint conference of • Family Court Review: “Hofstra’s Family the American Academy of Matrimonial Law with Skills Course: Implementing Lawyers and the Association of Family FLER (the Family Law Education Reform and Conciliation Courts in Philadelphia Project)” (October 2011) (with J. Herbie in September. • He participated in the DiFonzo); “Mental Health Consultants and Marquette Law School conference “The
45 law.hofstra.edu Faculty Notes January-December 2011
BARBARA STARK International Law from the Bottom Up” Regulation of Interracial Marriages” at Professor of Law and at the Inaugural Research Forum of the the University of California Irvine School Hofstra Research Fellow American Society of International Law at of Law conference “Persistent Puzzles UCLA Law School in November. in Immigration Law” in February, at the Publications: “What’s Left?” (review Rutgers-Camden School of Law as part of International Law on the Left: Re- of its law school faculty workshop series examining Marxist Legacies (Susan AMY R. STEIN in March and at the 2011 AALS Workshop Marks, ed., 2008) 42 George Washington Assistant Dean for Adjunct Instruction and on Women Rethinking Equality in June. • International Law Review 191 (2011) • Professor of Legal Writing She delivered the Neil Gotanda Lecture, “At Last? Ratification of the Economic “Law and Memory: What (Marginalized) Covenant as a Congressional-Executive Activities: Stein presented the CLE Asian American Cases Remind Us About Agreement,” 20 Transnational Law & program “Legal Writing Check-Up: Citizenship, Race and Identity,” at the Contemporary Problems 107 (2011) • A Writing Workshop” at the Nassau University of California, Berkeley, School “The Women’s Convention, Reproductive County Bar Association in February. • of Law in February. • She presented Rights, and the Reproduction of Gender,” She presented “Extra, Extra, Teach all a paper as part of the plenary panel 18 Duke Journal of Gender Law & Policy about it” at the Capital Area Legal Writing “Defensive Sovereignty: Property, Race, 261 (2011). • “Introduction: A Celebration Conference at The George Washington and Resistance” at the UCLA School of of Virginia Leary,” 104 Proceedings of University Law School in February. • She Law Fifth Annual Critical Race Studies the Annual Meeting (American Society of served as a brief judge for the National Symposium, “Race and Sovereignty,” in International Law) 3 (2011) Moot Court Competition in Child Welfare March. • She is teaching a new Hofstra and Adoption Law in March. • She Law course, Immigration Enforcement at Activities: Stark presented her paper co-chaired the 23rd Annual Moot Court the Border, co-sponsored by the National “The Reproduction of Gender and the Competition at Plainview-Old Bethpage/ Center for Border Security & Immigration, Constitution” at the Duke Law & Gender John F. Kennedy High School in April. a Department of Homeland Security Research Center. • She presented her paper “Revisiting Birthright Citizenship” and participated in an author-meets- “Religious exemptions allow marriage reader panel on the novel Tierra y Libertad: discrimination to continue. Such exemptions, indirectly, Land, Liberty and Latino Housing, by Steven W. Bender, at the Law and give their blessing to other forms of discrimination. To permit religious Society Association annual meeting in discrimination is to permit private discrimination. So this is my hope: that San Francisco in June. • She presented her paper “Racially Inadmissible Wives: having the religious exemptions will serve as a reminder that there are still Uncovering Immigration Law’s Role in many battles to be fought — and to be won.” Restricting Interracial Marriages” as a panelist for “Race, Nationality, and the — Bennett Capers in a June New York Times “Room for Debate” Family” at the 2011 AALS Workshop on discussion about the indivisibility of religion and marriage Women Rethinking Equality in June. • She presented two papers, “The Hidden Costs of Immigration Law’s Closet” and “Critical Symposium on Reproductive Rights in ROSE CUISON VILLAZOR Race Pedagogy: On Teaching Race in February. • She presented “International Associate Professor of Law Property Law,” at LatCrit XVI in San Diego Law from the Bottom Up: Fragmentation in October and also served on a panel of and Transformation” at the Law & Society Publications: “The Other Loving: former participants in the LatCrit Student Annual Meeting in San Francisco in Uncovering the Federal Regulation of Scholars Program. • She co-chaired the June. • She presented “The Women’s Interracial Marriages,” 86 New York Hofstra Law conference “Exploring the Convention, Reproductive Rights, and the University Law Review 1361 (2011). • American Family” in November. Reproduction of Gender” at the 2011 AALS “Improving, Not Overhauling,” “Room Workshop on Women Rethinking Equality for Debate” series The Case Against Law Honors: Villazor was named one of three in June. • She presented “Surrogacy in School, The New York Times (July 21) • winners of the 2011 Lawrence A. Stessin America” at the International Society of “The Role of Blood Quantum,” “Room Prize for Outstanding Scholarly Publication Family Law’s 14th World Conference in for Debate” series Tribal Rights vs. for “Rediscovering Oyama v. California: Lyon in July. She organized and moderated Racial Justice, The New York Times At the Intersection of Property, Race and a panel on International Surrogacy at the (September 15) Citizenship,” 87 Washington University Law International Law Weekend at Fordham Review 979 (2010). Law School in October. • She presented Activities: Villazor presented her paper “Fragmentation and Transformation: “The Other Loving: Immigration Law’s
Hofstra Law Report • SPRING 2012 46 Faculty Notes January-December 2011
VERN R. WALKER Professor of Law and Director of the “Although national emergencies have often Research Laboratory for Law, Logic and Technology triggered broad responses against unpopular groups, we do not face a national emergency because of dangerous Publications: “A Framework for the Extraction and Modeling of Fact-Finding noncitizen offenders roaming the streets. We have a regime that is Reasoning from Legal Decisions: Lessons constitutional but already heavily tilts toward detention and punishment from the Vaccine/Injury Project Corpus,” rather than release under supervision. There is no ostensible reason to 19 Artificial Intelligence & Law 291 (2011) overhaul this system so as to create a domestic Guantánamo.” Activities: Walker presented “Empirically Quantifying Evidence Assessment — Nora V. Demleitner in her June 27 op-ed in The National Law Journal regarding a in Legal Decisions” at the Second House bill that would permit indefinite detention of noncitizens International Conference on Quantitative Aspects of Justice and Fairness in Fiesole, Italy, in February. • He joined the advisory board for the European “Meaning, Logic, and the Systematization ONLINE CONTENT Journal of Risk Regulation, published by of Law: Kelsen, Wittgenstein and View the latest faculty publications, activities, Lexxion Verlagsgesellschaft in Berlin. • Information Architecture” at the workshop “Fundamental Concepts and the honors and more at He joined the program committee for law.hofstra.edu/Blogstra Argumentation 2011, an international Systematization of Law” at the JURIX 2011 conference on alternative methods of conference in Vienna in December and was argumentation in law. • He co-taught elected to chair the International Program two courses in Pisa in May and June: Committee of this workshop. Comparative Regulation of Services and Products in Health Care, and Comparative Health Care Liability: Compensation for Medical Accidents. • He presented
New Books by Hofstra Law Faculty
Linda Galler Joanna L. Julian KU Regulation of Grossman Taming Globalization: Tax Practice Inside the Castle: Law International Law, the and the Family in 20th U.S. Constitution, and With Michael Lang, the New World Order LexisNexis, 2010 Century America With John Yoo, One of seven titles With Lawrence Meir Co-Winner Friedman, Princeton Oxford University in the LexisNexis Press, February 2012 Graduate Tax Series, of the 2011 University Press, Regulation of Tax David J. Langum, Sr. August 2011 “In their provocative Prize Practice explores new book, John Yoo in American Legal Inside the Castle is ethics rules governing accountants who and Julian Ku vigorously defend the History a comprehensive social provide tax services and how they relate history of 20th-century primacy of the U.S. Constitution in every to those who concurrently maintain family law in the United area of globalization — trade, treaties and professional licenses as lawyers and States, showing how vast changes in more. Yes, the U.S. often must cooperate accountants. The book differs from others society have reconstituted the American with other countries to tackle global on the topic because it focuses on primary family. From gay rights to no-fault divorce, problems, but it must do so in line with source materials other than the Code, families have taken on new and different Constitutional principles. Their arguments regulations and judicial decisions rendered forms, dissolving into a collection of are compelling, their prose is vigorous, by federal judges. independent individuals. But the family and their analysis is often surprising.” has persisted as a central institution in — Melanie Kirkpatrick, Senior Fellow, society and modern family law, as always, Hudson Institute, and Former Deputy reflects the social and cultural facts of Editorial Page Editor, The Wall Street family life. Grossman’s book tells the story Journal of that institution and explores the ways in which law tried to penetrate and control this realm of personal life.
47 law.hofstra.edu In Focus The Real Politik of Writing and Reading Statutes By Eric Lane, Interim Dean and Eric J. Schmertz Professor of Public Law and Public Service
ow much work does language do in the interpretation Of course, this is a construct. If the language of a statute of statutes? This question returns me to the is clear, a court should never find that extratextual evidence Hpersistent argument of Justice Antonin Scalia that is sufficient to support a contrary statutory meaning. But the statutory language should and can do almost all of the work Court has not always remained faithful to this principle. for courts in statutory interpretation cases. I agree with the Holy Trinity Church v. United States is an example of judicial “should,” but with respect to the “can,” in most appellate disregard for clear statutory language. In Holy Trinity court cases statutory language cannot provide the ergs Church, the Court decided whether a church that imported needed to answer the litigated question. a foreign minister violated a statute that prohibited U.S. employers from paying for or assisting in the importation The Scalia Doctrine of Limiting Congressional Reach of foreigners “to perform labor or service of any kind” Justice Scalia ascended to the Supreme Court under in U.S. territory. the banner of textualism — an interpretive theory that The Court could not bring itself to find that Congress demands that judges follow the law as it is written. Cases had meant to include a minister within the definition of that reach the Supreme Court or the states’ highest courts foreigners imported “to perform … service of any kind.” typically involve complex questions of statutory Reading the statute through the screen of its own Christian interpretation that courts cannot always resolve by examining vision of America, the Court found this outcome distasteful a statute’s plain meaning. and absurd and rationalized its Sometimes, even when a They dress up their decision in disregard: “It is a familiar rule statute’s language is clear, that a thing may be within the judges will ignore it. The language intended to convince letter of the statute and yet not primary reason for judges’ the public that, despite the within the statute, because not dismissal of plain statutory within its spirit nor within the language is almost always their particular law’s clear command, intention of its makers.” distaste for the consequences Despite notable cases like Holy of applying a statute as it was “the legislature never intended its Trinity Church, courts have written. Often, a court is generally honored their duty to sympathetic (or unsympathetic) application in this particular case. apply clear statutory language as to the plight of a particular it was written, even prior to party or to the particular policy expressed in a statute. But Scalia’s appointment to the bench. Yet, at the time for the most part, courts do not nakedly announce their of Scalia’s first judicial post in 1982, public perception, disobedience to the law. They do not want to confess their fueled by Ronald” Reagan’s first presidential campaign constitutional sins. Rather, they dress up their decision in in 1980, fomented the belief that judicial activism was language intended to convince the public that, despite the a widespread problem. particular law’s clear command, the legislature never These exaggerated claims of pervasive judicial intended its application in this particular case. lawmaking were, to a large extent, referring to the Court’s
Hofstra Law Report • SPRING 2012 48 1979 decision in United Steelworkers of America, AFL-CIO- of informing and persuading members of Congress CLC v. Weber (United Steelworkers). In United Steelworkers, regarding the bills on which they were to vote. the Court held that the Civil Rights Act of 1964 allowed a Scalia’s second criticism of committee reports is strange, racially based job preference against a white person. The particularly given the absence of any evidence that it is true. majority claimed that the anti-discriminatory purpose of the While statistically it must be assumed that there are Civil Rights Act was limited to protecting minorities, and instances in which legislative staffers insert unauthorized that this perceived limitation trumped the statute’s broad, material into legislative committee reports, such conduct is inclusive and clear anti-discriminatory language, because rare and would most likely end in the offender’s termination. the complainant in United Steelworkers was white. The use of probative legislative history — legislative For this type of judicial overreaching, Scalia’s history on which Congress relies to establish meaning — is commitment to textualism is a corrective approach. But it is both constitutional and, in Justice Stephen Breyer’s words, not Scalia’s textualism that has made him unique. It is his “natural:” “Legislative history helps a court understand the persistent refusal to use legislative history as a source for context and purpose of a statute.” statutory meaning in situations Legislative history also limits where the statute itself does not judicial law making (although provide a clear answer to the Justice Scalia would disagree). question before the Court. The Courts use legislative history to litany of disavowals is familiar to inform their understanding of readers of the Court’s opinions: “I statutes’ intended legislative join the opinion of the Court [or the meanings — a process that dissent], excluding, of course, its enhances, rather than inhibits, resort … to what was said by judicial deference to Congress’s individual legislators and law-making authority. The choice committees of legislators … .” before courts in such cases is not Scalia’s stated objection to between clear text and probative legislative history is not the product of the entire legislature, legislative history. Rather, the choice is almost always but rather the product of a lesser body within the legislature between probative legislative history and “whatever.” or even of individual members of Congress. First, this For Scalia, the “whatever” is either selected canons of reliance on committee reports offends his view of the statutory construction or a form of the “reasonable man Constitution’s Presentment Clause and of Article I generally. test,” through which he hopes to find a meaning that is Second, Scalia complains that committee reports, overall “reasonable, consistent, and faithful to [the statute’s] the most probative evidence of legislative meaning short of apparent purpose.” Of course, legislative history cannot be statutory language, are unread by members of Congress and employed in this effort. Scalia characterizes this approach are the products of their unsupervised staff. as a theory of statutory construction that gives meaning to Both criticisms are wrong. Constitutionally, Article I is the phrase “a government of laws.” But, in practice, this not a barrier to the use of legislative history in cases of characterization is false. statutory interpretation. As Professor James Brudney has Rather, Justice Scalia’s aversion to the use of legislative rightly written, history is more political than epistemological, more Article I of the Constitution authorizes Congress about freedom from what Scalia noted as “the fetters of text to organize itself in fulfillment of its legislative and legislative intent in applying statutes” than about mission and requires Congress to publish a record finding the meaning of a statue. His goal is not merely to of its legislative proceedings. … [D]ating from the earliest Congresses, were the determination to find the meaning of a statute in a particular case; more favor detailed public reporting of floor debates broadly, it is to systematically limit the legislative reach of and the decision to create permanent standing statutes. It is the latter that necessitates Scalia’s canon of committees that produced oral and then written reading statutes narrowly. H committee reports. … [T]hese innovations led to the development of legislative history as a means
ONLINE CONTENT A link to the complete version of this article, including a panel discussion about the real work of reading statutes, as published in 76 Brooklyn Law Review 967 (2011) is available at law.hofstra.edu/HLR
49 law.hofstra.edu In Focus In Favor of a ‘Bail-In’ { How a Trillion Dollars Might Be Better Used to Start a Recovery By J. Scott Colesanti, Associate Professor of Legal Writing
etween October 2008 and February 2009, the U.S. of bailout money devalued American currency worldwide. federal government took unprecedented action to And not just because the bailouts largely failed in their lofty Bkeep a short list of very large corporate entities out goals of forestalling home foreclosures, minimizing of bankruptcy. Specifically, the Treasury Department unemployment and loosening credit, although the data on appropriated approximately $1 trillion from sources unknown each of these topics is harrowing and unavoidable. to, in large part, buoy the coffers of companies believed to The bailout is arguably most culpable of ignoring have been victimized by a collective myopia on Wall Street. market realities by shunning broad support for faltering Spanning two presidential administrations, the philosophy stock market prices in favor of rescuing a one-page roster of of this economic rescue belied partisan ties; overall, the financial giants. These drastic and selective lifelines did monies contemplated were simply unfathomable. little for the many entities and individuals who had trusted Simply put, if we agree that immediate the stock market to act within reason. and massive government spending was Concurrently, the most harmful blow struck warranted, that unfathomable amount of by the bailouts may have been to the faith money should have been spent elsewhere. of the retail investor, who has come to Not just because the handout was not realize that, in times of exigency, he shall always needed, as Congress later learned be last on the lifeboats. from executives disclosing pressure from the Accordingly, it can be posited that, in government to accede to the recovery plan, terms of maintaining an economy that both nor consistently successful, as 130 banks benefits from and trusts the stock market, fell after the famed Troubled Asset Relief the bailout money would have better served Program (TARP) was implemented. the masses had it been allocated across the spectrum of Not just because the gift money could not be monitored, stocks comprising the Dow Jones Industrial Average (DJIA). although excesses and waste in the form of Super Bowl Such direct government intervention — equally costly and events and notorious bonuses pervaded the headlines almost as unprecedented — would have served the throughout 2009. And not just because the overseer of the dual purpose of, first, over the short term, permitting bailout funds herself excoriated both the greed of banks and pension and retirement fund administrators the breathing the blameless cash that rescued them. room to diversify holdings and, second, over the long term, Not just because the economic collapse may have been comforting both institutional and individual stock market gamed by the Wall Street savvy. Not just because discreet participants that their savings and investments were groups of market victims were reimbursed for market losses just as vital as the well-being of corporations and under disputed calculations. Not just because the printing corporate bonuses. H
ONLINE CONTENT A link to the complete version of this article, including more about the efficacy of the bailouts, an analysis of the DJIA since 2008 and an alternative investment solution of government funds, as published in 25 St. John’s Journal of Civil Rights and Economic Development 483 (2011), is available at law.hofstra.edu/HLR
Hofstra Law Report • SPRING 2012 50 In Focus How Marriage Became Optional { Cohabitation, Gender, and the Emerging Functional Norms By J. Herbie DiFonzo, Professor of Law
n 1953, sociologist Ray E. Baber confidently asserted enhanced the status of women, thus increasing the potential that the “opportunity which marriage affords for for their economic self-sufficiency. Iconstant and complete companionship These seismic social changes have with the person most loved, with the full fundamentally altered our conceptions of sanction of society, is its greatest single what makes a family. The family now attraction.” Another mid-20th century encompasses a collection of diverse, text, Paul H. Landis’ Making the Most of sometimes fragile but usually hearty Marriage, referred to the “long-accepted domestic arrangements that comprise the idea that marriage is the natural state for so-called postmodern family — single adults.” Landis noted that marriage “has a mothers, blended families, cohabiting more prominent place in both our couples, lesbian and gay partners, and aspirations and realizations than ever multigenerational families, in addition to before in American history.” His sociology text equated heterosexual married couples and their children. marriage with the drive to establish family life. Several Consider these items from three recent years, each headings in his chapter on “Needs Fulfilled by Marriage” radically at odds with the predominant view of family life in reflected the era’s rock-solid perception that true love and the mid-20th century: family life always commence at the altar: “Marriage Meets • In 2007, almost three in 10 of the unmarried women the Need for Love and Emotional Security”; “Marriage who gave birth were living with a cohabiting partner. Meets the Need for Status and Appreciation for Personal • In 2008, more than six out of 10 women with a birth in Worth”; “Marriage Answers the Need for Companionship”; the past year were in the labor force. and “Marriage Meets the Physiosexual Need for Response.” • In 2010, Illinois became the 11th state to pass a “civil In the middle of the 20th century, almost half of all union” law, which will allow unrelated adults, regardless women were married by age 20, and eight out of 10 were of gender, to share “the same legal obligations, married by age 25. In 1960, two-thirds of all Americans in responsibilities, protections, and benefits as are their 20s were married. But by 2008, just over one-quarter afforded or recognized by the law of Illinois to spouses.” of 20-somethings were wed. According to the Census Although our society still exhibits a “cultural Bureau’s American Community Survey, married-couple ambivalence about families not based on genetic ties,” family households constituted only 49.7 percent of all social acceptance of a wider range of family forms has households in 2009. increased. This multiplicity of family structures means that Children’s living arrangements have also undergone marriage has become an optional arrangement for creating a substantial change. In the past generation, the percentage family. How did this happen? And where is the American of children in the United States who live with two married family headed, in both cultural and legal terms? This article parents has markedly declined. In 1971, 83 percent of sketches out a framework for analysis of this central social children under the age of 18 lived with two married parents, question and argues that family law is moving in the while in 2010 only 66 percent did so. The half-century that direction of adopting functional norms for determining followed the 1960s has virtually ended the stigma associated family composition and adjudicating family disputes. H with illegitimacy and single parenthood. It also significantly
ONLINE CONTENT A link to the complete version of this article, including more about the decline of marriage, cohabitation, the role of gender and emerging functional norms, as published in 8 Rutgers Journal of Law & Public Policy 521 (2011) is available at law.hofstra.edu/HLR
51 law.hofstra.edu Recognition & Stewardship
Your contributions have touched the lives of each and every student who will graduate from Hofstra Law in the next few years and go “on to make a difference in their communities and in the world. Our students have proved themselves to be leaders here on campus — both in the classroom and through student clubs and organizations — and beyond the campus as volunteers for nonprofit organizations and representatives of the Law School at trial and moot court competitions, and through their writing in journals and other publications. Your impactful contributions have made many of these experiences possible and have enhanced the learning and development of our students. Thank you! — Dean Nora V. Demleitner”
Hofstra Law Report • spring 2012 52 Recognition & Stewardship
LORNA B. GOODMAN ’75, now a member of the Dean’s Advisory Board, made a significant gift to the Law School Scholarship Fund. Each year the scholarship fund makes it possible for outstanding students to attend Hofstra Law.
MARK P. SCHNAPP ’76, a member of the Dean’s Advisory Board, made a generous contribution to the Law School Dean’s Discretionary Fund in memory of his classmate Marvin Gutter ’76. The fund supports special programs, conferences and lectures at Hofstra Law.
In memory of his father, SANFORD P. “SANDY” ROSEN ’78 established the Solomon Rosen Endowed Award for Teaching Excellence. This award is given to a junior faculty member who is widely recognized as an inspiring, challenging and excellent teacher. Alan N. Resnick (pictured at left), now the Benjamin Weintraub Distinguished Professor of Bankruptcy Law and a junior faculty member when Sandy attended Hofstra Law, inspired this generous gift.
53 law.hofstra.edu Recognition & Stewardship
CATHERINE SAMUELS ’79 established the Tom Wales Public Justice Fellowship to encourage Hofstra Law students to pursue careers in the public sector. The endowment is named for her classmate and former editor-in-chief of the Hofstra Law Review, who was shot and killed in his home in Seattle in 2001 while serving as an assistant U.S. attorney. His murder remains unsolved.
ALUMNI GIVING BACK SANDRA LEE TYTEL ’81 made Alumni participation at events and conferences was higher a generous gift that helped than ever. Thank you to these alumni, firms and businesses fund scholarships for deserving who contributed greatly by hosting events: entering Hofstra Law students. Bond, Schoeneck & King, PLLC/ Randy L. Levine ’80 David B. Feldman ’82 Rivkin Radler LLP Collins, McDonald & Gann, P.C. Ropes & Gray LLP Fried, Frank, Harris, Shriver & Joel Segal ’89 Jacobson LLP/Brad Eric Scheler ’77 VSConsulting Inc./Martin Cargas ’86 Greenberg Traurig, LLP/ Mark P. Schnapp ’76 White & Case LLP
The Eric J. Schmertz Memorial Scholarship was established to honor the late Eric J. Schmertz, founding faculty member and Dean of Hofstra Law from 1982-1989. The scholarship is made possible through a lead gift from COLLERAN, O’HARA & MILLS L.L.P. AND ADDITIONAL SUPPORT FROM ALUMNI, FRIENDS AND FAMILY. The scholarship will recognize outstanding entering Hofstra Law students, with a preference for those with an interest in labor and employment law.
Hofstra Law Report • spring 2012 54 Recognition & Stewardship
The Maurice A. Deane School of Law at Hofstra University is grateful to the many alumni, parents, friends, law firms, foundations and corporations who helped support our mission through charitable contributions made between September 1, 2010, and August 31, 2011 (FY2011). We thank the following donors for their leadership support at the Dean’s Circle level of $1,000 and above.
Benefactors Christopher McGrath Mitchell J. Devack ’75 Peter S. Morgan ’97 ($25,000 and up) Emily Schulman Mendel ’77 Katherine R. Dieterich ’05 Saul P. Morgenstern ’81 Law Offices of Binder & and Stephen F. Mendel ’77 James J. DiPietro ’79 Michael Moskowitz ’82 Binder PC Michael D. Patrick ’78 Victoria Roberts Drogin ’90 Ronda Muir Barbara & Maurice Deane ’81 Catherine Samuels ’79 David L. Eisbrouch ’85 and Fusae Nara ’91 Philanthropic Fund Andrew Schmertz, David Paine, Eileen M. Marsh ’85 John L. Nickelsberg ’75 Maurice A. Deane ’81 Donald Schmertz and Mitch Elberg ’77 Eric W. Nodiff ’83 Laurence T. Ginsberg ’79 Family Ellen Schmertz Bower Jeffrey Englander ’75 Pfizer Inc. Fund Bennett Wasserman ’74 Elissa Epstein ’78 Jodi L. Popofsky ’83 Goldman, Sachs & Co. Joan Lucks Feinstein ’77 Abigail P. Reingold ’79 Lorna Goodman ’75 Advocates Michael E. Foreman ’85 Professor Alan N. Resnick Estate of Abraham J. Gross ’78 ($2,500-$4,999) Dolores Fredrich ’80 and Joseph J. Richetti ’98 The Carl Marks Foundation, Inc. Anonymous, In Honor of the Jeffrey Keller ’80 Kieth I. Rieger ’79 The Tom and Judy Moore ’79 Class of 1994 Nancy Freedman ’91 and Foundation Brian Daughney ’86 The Rizzo Living Trust Richard Freedman Fund Samuel Ramos ’91 Merrie S. Frankel ’80 George H. Roberts Judith D. Fryer ’75 Mark P. Schnapp ’76 Professor John DeWitt Gregory Brad Rose ’85 Richard A. Fuhrman ’77 Philip J. Shapiro ’78 Michelle Laskin ’90 and Jodi & Robert Rosenthal ’74 Patricia Galteri ’83 Family Foundation Sandra Lee Tytel ’81 David L. Weissman ’90 Professor Mitchell Gans ’74 Howard Rothenberg Diana Y. and Robert Wong ’75 Domenick Napoletano ’80 Jan Goldman ’80 and Rivkin Radler LLP Kevin Schlosser ’84 Margot Goldman Leo Spandorf ’82* Richard C. Schoenstein ’90 Distinguished Leaders Rosalind Gordon ’73 Professor Vern R. Walker Leo B. Schoffer ’77 ($10,000-$24,999) Scott Greissman ’94 The Honorable Maryanne Mitchell Schrage ’75 Deborah Harris ’81 Trump Barry ’74 Fellows Mark Seelig ’89 The Hirschhorn Foundation Hank Bjorklund ’80 ($1,000-$2,499) Deborah Sherman ’81 Arthur R. Hirst Certilman Balin Adler & Robert Abrams ’79 Professor Jeffrey Silberfeld ’75 Miriam Hyman ’77 Hyman, LLP Simon Ahn ’91 Howard M. Smith ’78 Michael Jaffe ’80 Neil R. Cole ’82 John Amols ’75 Phyllis Sondes Martin E. Kohler ’77 Colleran, O’Hara & Mills L.L.P. Christopher Antone ’81 Monica Sussman ’77 and Joel M. Kotick ’82 Edward M. Kalikow ’78 Stuart Ball ’84 Richard L. Sussman Arthur Laitman ’99 and Roberta Karp ’83 Jay G. Baris ’78 Elizabeth Wales Lauren Greenbaum ’01 KeySpan Foundation David Benjamin ’74 Dr. Joel Weintraub ’00 Professor Eric Lane Sanford P. Rosen ’78 Tobias Bermant William F. Weir ’85 Ira S. Lederman ’79 Brad Eric Scheler ’77 and Konrad L. Cailteux ’85 Wilshire Enterprises, Inc. Amy Frolick Marilyn M. Levine ’77 Mark J. Caruso ’77 Lance J. Lieberman ’75 Kim C. Ciesinski ’89 Jody Fink Lippman ’83 and Partners Sarah K. Cohn ’87 ($5,000-$9,999) David Lippman ’83 C. Payson Coleman, Jr. ’76 John Bae ’89 Andrew S. Lipton ’77 Charles B. Cummings ’73 Online content Christopher J. Caruso ’00 Barbara A. Lukeman ’00 Mr. and Mrs. Kenneth R. A complete list Gregory T. Cerchione ’84 D. Carl Lustig III ’78 David ’99 of donors who Gloria B. Levin Joseph S. Maniscalco ’95 contributed at all Deloitte Foundation levels during FY2011 can be Randy L. Levine ’80 Joel Marcus ’76 Dean Nora V. Demleitner and found on the Donor Roll at Leslie A. Margolin ’80 The David & Sondra Mack Michael D. Smith law.hofstra.edu/Giving Foundation, Inc. Marilyn B. Monter ’76
*Deceased 55 law.hofstra.edu Online content View the full Gala photo gallery at facebook.com/HofLaw 40th Anniversary Gala We thank the following major donors who helped to make the 40th Anniversary Gala at Yankee Stadium the most successful fundraiser in the history of the Maurice A. Deane School of Law at Hofstra University.
Partnership Sponsors Leadership Gifts Congdon Flaherty O’Callaghan Domenick Napoletano ’80 ($25,000) Reid Donlon Travis & ($5,000-$12,499) Fishlinger Larren M. Nashelsky ’91 Boies Schiller & Flexner LLP Christopher J. Caruso ’00 Dean Nora V. Demleitner and National Center for Suburban Fried, Frank, Harris, Shriver Studies at Hofstra University Carol A. Casazza Herman ’84 Michael Smith & Jacobson, LLP and Neil Herman ’85 Edmund M. Emrich ’81 Michael D. Patrick ’78 Herrick, Feinstein LLP Compass Benefit Planning, LLC. Dolores Fredrich ’80 and Michael D. Penner ’94 Kramer, Dillof, Livingston Rafael Guillermety Matienzo Jeffrey Keller ’80 & Moore John G. Pieper Hofstra Law Student Bar Richard Alan Friedman ’87 Major League Baseball Samuel Ramos ’91 Association Gair Gair Conason Steigman Carl Marks Foundation, Inc. Professor Alan N. Resnick Hofstra University Mackauf Bloom & Rubinowitz New York Yankees The Risk Management Robert W. Johnson, IV The Garden City Hotel Planning Group Tishman Speyer Charitable Trust Carol ’78 and Scott Himes ’78 Rosenberg Fortuna & Kenneth G. Langone James Humphreys Laitman, LLP Liberty Maritime Corporation Associate Sponsors ($12,500) Roberta Karp ’83 Jodi & Robert Rosenthal ’74 Family Foundation Janis McKee Meyer ’81 Akin Gump Strauss Hauer Professor Lawrence Kessler & Feld LLP Ruskin Moscou Faltischek P.C. Marilyn B. Monter ’76 Spencer D. Klein ’89 Apple & Eve, LLC Philip J. Shapiro ’78 Rubenstein Salvatore LaMonica ’88 Country-Wide Insurance Communications, Inc. Sher, Herman, Bellone & Company Professor Eric Lane Tipograph P.C. ($1,000-$4,999) Goldman Sachs Marc D. Latman ’97 and Sichenzia Ross Friedman Baker & Hostetler LLP Mona Latman ’97 Ference LLP Greenberg Traurig, LLP BARBRI Inc. LDI Color Toolbox Sullivan Papain Block McGrath Jaspan Schlesinger LLP Jay G. Baris ’78 & Cannavo PC Adam Levy ’92 Morrison & Foerster, LLP David Robert Bolnick ’80 Torgan & Cooper, PC Patricia Lynch Associates Inc. Moses & Singer LLP Brand Glick & Brand PC Sandra and Howard Tytel Marcus & Pollack, LLP Ramsey Asset Management, LLC Family Charitable Sarah K. Cohn ’87 Mintz, Levin, Cohn, Ferris, Foundation Inc. Rivkin Radler LLP Collins, McDonald & Gann, P.C. Glovsky and Popeo, P.C. E. David Woycik, Jr. ’80 Weitz & Luxenberg, PC Voltaire S. Miran YMCA of Long Island, Inc. YES Network
Online content View a complete list of Gala donors at law.hofstra.edu/Gala Hofstra Law Report • SPRING 2012 56 Online content View class notes for 2012 and an archive of earlier class notes at law.hofstra.edu/ClassNotes
STAY CONNECTED Share your news and updates online Class Notes at law.hofstra.edu/StayConnected or by e-mail to [email protected]
April 1-December 31, 2011
Online content 1973 1976 1978 Kieth I. Rieger, an attorney at View the full Gala photo gallery Charles J. McEvily, partner at Saundra Gumerove, vice Marlene Monteleone is Barrocas & Rieger, was honored at facebook.com/HofLaw DaSilva Hilowitz & McEvily, was president of the board of directors managing partner at Bivona & for his pro bono services to elected president of the New of AHRC Nassau, was presented Cohen. The firm is among the domestic violence victims through York Family Law American Inn of with the Hodgson/Jacobs Law less than 6 percent of all firms the Legal Resource Network at a Court. He also was honored for Award by NYSARC. The award nationwide with a woman in that recognition luncheon hosted by his pro bono services to domestic is presented to an attorney who leadership role. Nassau County’s Coalition Against violence victims through the resides and practices in New York Domestic Violence in June. Legal Resource Network at a state and has demonstrated Michael D. Patrick, partner at recognition luncheon hosted by a sincere interest in and Fragomen, Del Rey, Bernsen & 1980 Nassau County’s Coalition Against commitment to the area of Loewy, wrote the column “State Stuart U. Goldfarb was named Domestic Violence on June 10. disability law. Immigration Laws: The Next president and CEO of Atrinsic, a Battleground,” which appeared in marketer of direct-to-consumer subscription products and an 1974 Howard Jurist, partner at the December 2011 issue of The Internet search-marketing agency, Hon. Maryanne Trump Barry, Goodman Jurist & Pandolfo, was Metropolitan Corporate Counsel. on June 1. judge for the U.S. Court of Appeals elected president of the board for the Third Circuit, was the of directors of AHRC Nassau in Neal R. Platt, partner at Shwal Alan B. Koslow, shareholder and undergraduate speaker at Fairfield Brookville, NY. & Platt and adjunct professor at University’s commencement on Hofstra Law, had his article “Good director of gaming and hospitality May 22 and was presented with an 1977 Will Enduring: How to Ensure law at Becker & Poliakoff, spoke at the International Masters of honorary doctor of laws degree. Brian S. Conneely, partner at that Trademark Priority Will Not Gaming Law conference in May. Rivkin Radler, was honored by the be Destroyed by the Sale of a Rene P. Fiechter, assistant Suffolk County Bar Association for Business” quoted in a treatise by Clare Hodgson Meeker is an district attorney and director of his dedication and service to the J. Thomas McCarthy, of counsel at award-winning author of eight community affairs in the Nassau association. Morrison Foerster. County District Attorney’s Office, published books. Her most recent book, Soccer Dreams, which tells was elected president of the Hon. Paula J. Hepner, supervising 1979 the story of a Kenyan boy and how Long Island American Academy judge for the Kings County and Patti Ann Alleva, the Rodney his love for soccer brings him from for Professional Law Enforcement Richmond County Family Courts, & Betty Webb Professor of Law Africa to Seattle, was published in July. presented two workshops at the and Faculty Development Fellow on April 1. Meeker teaches writing 74th Annual Conference of the for Teaching and Learning at the and makes author appearances Joanne F. Goldstein, National Council of Juvenile and University of North Dakota School in elementary and middle schools Massachusetts secretary of labor Family Court Judges in New York of Law, was selected for inclusion throughout Washington and and workforce development, City on July 24-27: “Culturally in the National Best Law Teachers Oregon. She also teaches writing was honored in November by Competent Practices for Meeting Study, which is trying to discern for children to adults at Richard the Worchester Educational the Needs of LGBT Youth in what type of teaching produces Hugo House, a writers cooperative Development Foundation with one the Dependency and Juvenile exceptional learning in students. in Seattle. of its first Distinguished Alumni Justice System” and “Where and Friends awards. Is Evidence Leading Us Now? Ilene S. Cooper, partner at Farrell Current Trends in Research, Fritz, was honored in May at Touro 1981 Edmund M. “Ed” Emrich, 1975 Performance Measurement, and Law Center’s commencement counsel at Shearman & Sterling, Lance J. Lieberman joined Cozen Program Evaluation.” ceremony with the Adjunct O’Connor in July when the firm Professor of the Year award. She is also an accomplished, self- taught photographer whose main added 19 lawyers from Cohen Martin E. “Marty” Kohler, has been a professor at Touro subject is cityscapes. A new Pontani Lieberman & Pavane, criminal defense attorney at for 17 years and also serves on exhibition of his work, New an internationally recognized Kohler & Hart in Milwaukee, was a Touro’s board of governors. She York, New York — 36 large-scale New York-based intellectual panelist for “Legal Issues in also joined the steering committee photographs featuring highlights property law firm. He has been the Workplace: The Employer and Long Island advisory board of of the city — was at the Salamatina practicing intellectual property law and Employee Perspective” at Friends of Karen, which provides Gallery in Manhasset, NY, from since 1976. the Wisconsin Medical Society’s financial, emotional and advocacy September 23-October 29. seminar “For the Record: Best support to families of children with Practices for the Employer, life-threatening illnesses. Employee and Clinic” on May 24.
57 law.hofstra.edu Class Notes April 1-December 31, 2011
Ben B. Rubinowitz, partner at Violence in June. She was also his term as president of Nassau Howard M. Rudolph, an attorney Gair, Gair, Conason, Steigman, appointed chair of the board County Bar Association. He with Rudolph & Associates in Mackauf, Bloom & Rubinowitz, of advisors of the Long Island continues to play an important role West Palm Beach, FL, was named was inducted into the Inner Circle Community Foundation, an within the association, providing to the 2011 Florida Legal Elite list. of Advocates, an invitation-only organization that promotes counsel to the NCBA Crime Lab group limited to 100 members philanthropy and community Task Force, which he created 1988 considered to be among the best building throughout during his tenure as president. Nancy J. Burner is a member plaintiff attorneys in the U.S. and Long Island. of the Legal Advisory Board of “lawyers of excellent character and Warren S. Hoffman, partner at the Long Island Chapter of the integrity.” Marc L. Hamroff, managing Hoffman & Behar, was presented Alzheimer’s Association and was partner at Moritt Hock & Hamroff, with a 2011 President’s Award in reappointed by the New York State Michael C. Stuart joined Cozen was appointed adjunct professor May by then-Nassau County Bar Court of Appeals to serve a third O’Connor in July when the firm of law at Hofstra Law. He taught Association President Marc Gann term as one of only seven trustees added 19 lawyers from Cohen the course Secured Transactions, in recognition of his extraordinary of the New York Lawyers’ Fund for Pontani Lieberman & Pavane, which deals with Article 9 of the hard work and dedication as chair Client Protection. an internationally recognized Uniform Commercial Code and of the grievance committee. New York-based intellectual related matters, during the spring Christopher E. Kent joined property law firm. semester. In September he was 1985 Farrell Fritz as partner in the firm’s appointed vice chair of the board Scott A. Berger joined Kirkland land use, municipal and zoning 1982 of directors for the Long Island & Ellis as partner in the real estate practice group. He is the former David B. Feldman joined Moses chapter of the American Heart practice group of the New York chief deputy county executive of & Singer in July as partner in the Association, and in October he office on June 1. Suffolk County. firm’s employment and labor group. was appointed to the board of directors of the Risk Management Laurel R. Kretzing, partner at Hon. Sallie Manzanet-Daniels, Mitchell S. Iden is a partner at Association (RMA) of Long Island. Jaspan Schlesinger, received the associate justice of the New York Graubard Miller. He specializes Long Island Business News 2011 State Supreme Court, Appellate in corporate law, representing Bari Jane Wolfe Rogers was Top 50 Most Influential Women in Division, First Department, was numerous privately held named managing director of the Business Award on May 19. elected a trustee of Marymount companies in all commercial and Depository Trust and Clearing Manhattan College in April. business matters. Corporation (DTCC) in July. 1986 Before joining DTCC, she served Judith A. Eisen, partner/director 1989 Hon. A. David Paterson, former as managing director at Barclays at Garfunkel Wild, received the Kevin M. Barry is a partner at governor of New York, delivered Capital. Long Island Business News 2011 Rossway Moore Taylor & Swan in the commencement address at Top 50 Most Influential Women in Vero Beach, FL. Paul Smith’s College on May 15. Hon. Robert A. Ross passed Business Award on May 19. away on May 15 from an aortic P. Joseph Campisi was promoted aneurysm. He ran a private law to vice president and associate Leo Spandorf passed away on Russell J. Fishkind, partner in the practice in Kew Gardens for general counsel, transactional August 14. He began his second personal wealth, estates and trusts 18 years and served as a village practice group, at Bristol-Myers career as a tax attorney after a department at Saul Ewing, wrote justice in Oyster Bay Cove before Squibb Company. long, successful career in his CPA the book Probate Wars of the Rich winning election in 2002 as a New firm, Kohleriter & Spandorf. He is and Famous: Probate Wars of the York State Supreme Court justice. joined the survived by his wife, Bernice, and Rich and Famous (John Wiley & Kim Ciesinski He is survived by his wife, Bara; matrimonial law firm of Tabat, his children. Sons, September 2011). daughters, Malina, Hailey and Cohen, Blum & Yovino in May. She Brielle; mother, Selma; and siblings, is expanding her legal services Evan Torgan of Torgan & Cooper Ellen F. Kessler, partner at Ruskin Alan and Lenore. to include divorce mediation was inducted into the Inner Circle Moscou Faltischek, received the and collaborative law. She was of Advocates, an invitation-only Long Island Business News 2011 Sharon H. Schick is of counsel also named a Cambridge Who’s group limited to 100 members Top 50 Most Influential Women in at Caplin & Drysdale in the Who Professional of the Year in considered to be among the best Business Award on May 19. plaintiff attorneys in the U.S. and Washington, DC, office. matrimonial law in June. “lawyers of excellent character and Jeff S. Korek, partner at Hon. Joseph P. Spinola, former is a partner at integrity.” Gersowitz Libo & Korek, was Maria C. Diglio justice of the New York State Blodnick, Conroy, Fazio & Diglio. named to New York Magazine’s Supreme Court, Nassau County, 1983 “Best Lawyers in New York” for the retired from the bench and is now joined Brad R. Becker is a partner at fifth consecutive year. Kathleen M. Furey Becker Harrow in New York. partner at Helwig, Henderson, Robinson & Cole as a partner in Ryan & Spinola. In September the real estate practice group Joseph T. Lee and his wife, , an attorney at was named the top individual of the New York office in May. In Patricia Galteri Rina M. Capicotto ’88, are mediator in New York state in the October she was inducted as a Meyer, Suozzi, English & Klein, was attorneys at JLRC Law Firm. honored for her pro bono services 2nd Annual New York Law Journal fellow of the American College of to domestic violence victims Reader Rankings. 1987 Mortgage Attorneys. through the Legal Resource Anthony J. Licatesi is a litigation passed away on Network at a recognition luncheon 1984 partner at Rubin & Licatesi. Laura Peck hosted by Nassau County’s Marc C. Gann, partner at Collins, October 5, 2011. She was a Coalition Against Domestic McDonald & Gann, completed member of the law firm Bearden,
Hofstra Law Report • SPRING 2012 58 Class Notes April 1-December 31, 2011
Lewis & Thomas in Boca Raton, FL, of the Orange County Bar Deborah J. Chadow, who runs Wendy J. Keenan was named and specialized in real estate and Association and works with the her own practice in Great Neck, partner at Wilson Elser Moskowitz commercial law. She is survived by Constitutional Rights Foundation, was honored for pro bono services Edelman & Dicker in April. She her husband, Ronald Lewis ’87. giving presentations to high to domestic violence victims works in the firm’s New York office schoolers on founding principles through the Legal Resource as claims and monitoring counsel 1990 and fundamental rights, and with Network at a recognition luncheon on behalf of international and Leslie A. Berkoff, partner at Big Brothers Big Sisters. hosted by Nassau County’s domestic insurers. Moritt Hock & Hamroff, was named Coalition Against Domestic by the American Bankruptcy 1994 Violence in June. Jason M. Kurland, partner in Institute as co-editor-in-chief of John M. Griem, Jr., joined Loeb the real estate practice group at its Healthcare Bankruptcy Manual & Loeb as partner in the patent Adam S. Neidenberg, co-founder Certilman Balin Adler & Hyman, (2nd edition). litigation practice in the firm’s of LaVan & Neidenberg, is pleased was named by Long Island Business New York office. He concentrates to announce that EZ Claim, the News as one of Long Island’s “40 Andrew M. Harris is a Chicago- his practice on intellectual firm’s joint venture with Group Under 40” rising stars. based legal reporter for property litigation, particularly Business Software, was a finalist Bloomberg News. He lives with pharmaceutical and biotech patent in the Industry Solution Providing 2001 June Reunion his wife, Shawn, and their dogs, litigation. Business Value category for the Brad R. Aronstam announced the Lulu and Chuck. 17th annual IBM Lotus Awards. opening, in May, of a new law firm: Jacqueline M. Harounian, Seitz Ross Aronstam & Mortiz. Debra L. Rubin, partner at Rubin partner at Wisselman, Harounian & 1998 & Rosenblum, was honored for Associates, was appointed to the Timothy R. McGrath was honored Thomas M. DeMicco was named her pro bono services to domestic board of directors of the Yashar for his pro bono services to partner at Wilson Elser Moskowitz violence victims through the chapter for lawyers and judges, domestic violence victims through Edelman & Dicker in April. He is Legal Resource Network at a a Nassau County Bar Association the Legal Resource Network at a a member of the product liability recognition luncheon hosted by group and a chapter of the Nassau recognition luncheon hosted by practice group in the firm’s Nassau County’s Coalition Against Region of Hadassah. She is also Nassau County’s Coalition Against White Plains office. Domestic Violence in June. serving as vice president of Domestic Violence in June. publicity. Joady B. Feiner was honored 1991 Jeremy J. Wolk, associate at for her pro bono services to Jaspreet S. Mayall, partner at Joel H. Katz, vice president, Nixon Peabody, was elected domestic violence victims through Certilman Balin Adler & Hyman, associate general counsel and president of the board of directors the Legal Resource Network at a was reappointed for a second chief ethics officer for CA of the Jewish Community Center recognition luncheon hosted by four-year term to the Committee Technologies, joined the faculty for of Greater Rochester in Rochester, Nassau County’s Coalition Against on Character and Fitness for the Consero’s Corporate Compliance N Y. Domestic Violence in June. Second, 10th and 11th Judicial and Ethics Forum 2012. Districts by the Appellate 1999 Melissa Negrin-Wiener, partner Division, Second Department, of Joseph H. Lemkin, chairman of Lori G. Adelson joined Arnstein at Genser Dubow Genser & Cona, the Supreme Court of the State the bankruptcy practice group & Lehr in December as of counsel and Lynn Rubino ’11, law clerk at of New York. He also served as at Parker Ibrahim & Berg, was in the firm’s Fort Lauderdale, FL, the same firm, co-authored the master of ceremonies at the appointed in July to the Rutgers office. Her practice focuses on article “Same Sex Marriage: The Nassau County 65th Independence University Alumni Association labor and employment litigation. Benefits and Burdens on Medicaid Day of India celebration in Mineola board of directors for a three-year Recipients,” 61 Nassau Lawyer 9 in August. term. John P. Gross joined the (November 2011). National Association of Criminal Donald G. Lussier joined Defense Lawyers in April as 2002 June Reunion 1992 Saul Ewing as partner. He indigent defense counsel in the Brian S. Devery and his wife, David L. Cohen joined the previously worked at the law firm association’s national office in Stephanie N. Devery, have their municipal securities division of the of Dionne & Gass, which combined Washington, DC. Previously, he own practice, the Devery Law Securities Industry and Financial with Saul Ewing in July. was visiting assistant professor of Group. Markets Association (SIFMA) as law at Syracuse University School managing director and associate of Law and acting director of the 1995 Adam J. Peretz is president of general counsel Phelan Wolf, a real estate broker school’s criminal defense clinic. Peretz Family Law & Mediation. with Brown Harris Stevens, was The practice focuses on divorce Stephen M. Trezza is an attorney elected to the Amagansett School Jordan S. Linn was appointed litigation and mediation. at the Arizona Law Group of Board for a three-year term in June to the New York State Trezza & Associates. commencing July 1. Bar Association’s electronic 2003 communications committee. Orit Goldring opened 1993 1996 The Goldring Firm, which Michael L. Baroni, general Michael Cardello III, partner 2000 specializes in labor and counsel at Palace Entertainment, Louis J. Dagostine, associate at at Moritt Hock & Hamroff, was employment law. was featured as a top attorney in appointed in August by the Nassau Ciulla & Donofrio, was named a business in Orange County, CA, County Bar Association to serve 2011 Connecticut “Rising Star” by in OC Metro magazine in August. as chair of its commercial litigation Super Lawyers magazine. He also started the Entertainment, committee. Sports & Marketing Law Section
59 law.hofstra.edu Class Notes April 1-December 31, 2011
2004 domestic violence victims through 2009 Jordan A. Jodre is an associate in Emilia Rakowicz joined Bryan the Legal Resource Network at a Andrea Friedman and Sari the New York office of McGivney Cave in October as an associate in recognition luncheon hosted by Friedman ’80 are working & Kluger. He practices in the areas the firm’s New York office. Nassau County’s Coalition Against together as a mother-daughter of asbestos, toxic torts and general Domestic Violence in June. team, concentrating in matrimonial liability. He is also a member of the Teresa L. Staples married Scott and family law. firm’s sports and entertainment Reichek on November 11 (11-11-11) 2007 June Reunion department, MK Sports & and is living outside Austin, TX. Emin Guseynov joined Orrick, Allison J. Henig joined McCabe, Entertainment Group, where he Herrington & Sutcliffe in December Collins, McGeough & Fowler as an leads the entertainment division. Jessica Zimmerman joined 2011 as a managing associate associate. The firm specializes in L’Abbate, Balkan, Colavita & in the banking and debt capital insurance law, with a broad range Kevin D. Kay is an associate in Contini in August as an associate markets group and corporate of practice areas. the New York office of Latham & in the Attorney Liability Practice group in the firm’s New York office. Watkins. Group. Nana S. Japaridze joined Reed Robert M. Harper, associate at Smith as an associate in June. Andrew “Drew” Mollica, who 2005 Farrell Fritz, was appointed vice She and Richard Facundo were left his job as a jockey’s agent to Andrez Carberry, employment chair of the governmental relations married in the country of Georgia become a lawyer, was featured counsel at Avon Products, was and legislation committee of the in September. in The New York Times’ series selected as a New York State New York State Bar Association’s Postcards From Saratoga Springs Bar Association Labor and Trust & Estates Law Section. Jennifer Karapetian is deputy on August 12. He was also named Employment Law Section Diversity district attorney in the Santa Pro Bono Attorney of the Month Fellow for 2011-2012. Jack Piana, assistant district Barbara County District Attorney’s for August by the Nassau County attorney in Suffolk County, married Office in Santa Maria, CA. Bar Association. Pierre E. Debbas is a founding Lisa Anne Giugliano in October. member of Romer Debbas. The Justin A. Levy is an associate in Aneeba Rehman is an associate firm specializes in commercial and 2008 the New York office of Latham & at Valli Kane & Vagnini, where she residential real estate transactions. Kerrin A. Bowers joined Watkins. specializes in civil rights, labor and Ingerman Smith as an associate employment law. Holly E. Rich joined Littler in September 2011. She focuses Sonja R. Pollack is an associate Mendelson as an associate at the her practice on education and in the New York office of Latham Jonathan S. Scheine helped firm’s Philadelphia office. She labor law. & Watkins. his father, Ed Scheine, open provides labor and employment The Business Corners, a co- counseling and defense services to Laura B. Daly and Paul M. Michael S. Ryan joined Morgan, working center in which employers. Zaragoza ’09 are engaged. Lewis & Bockius as an associate independent business in the firm’s intellectual property professionals can work side-by- 2006 June Reunion Lisa Godfrey, assistant district practice. side, networking and building partnerships that could lead to Mary I. Bresnan and Shay Moraly attorney in Ulster County, is collaboration on future projects. were married in June. engaged to David Bondarenka. Annemarie V. Tackenberg is an associate in the New York office of Todd A. Schwartz is an associate Alexis Collentine, an attorney at Frances Kweller is the founder of Latham & Watkins. in the mortgage foreclosure the Legal Aid Society and a 2006 Kweller Prep Advanced Tutoring & litigation practice at Frenkel Child and Family Advocacy Fellow Educational Services. 2010 Lambert Weiss Weisman & at Hofstra Law, co-presented the Andrea E. Batres joined The Taub Gordon. seminar “Family Law Education Linc C. Leder joined Virginia & Law Firm as an associate. Reform and the Law School Family Ambinder as an associate. He Law Curriculum” at the 74th works on ERISA cases involving Melissa J. Broyles joined the 2011 Michelle L. Contino joined the Annual Conference of the National employer benefit contributions. New York City Administration for real estate practice group at Council of Juvenile and Family Children’s Services. Certilman Balin Adler & Hyman in Court Judges in New York City on Vincent White and Jesse Rose August as an associate. July 24-27. formed the White Rose Group, Lauren Chartan, LL.M., a family a boutique litigation law firm, in law attorney at Wisselman, Amanda Dickens married March. Harounian & Associates, started Jay Aronow on September 4. a group for parents and family In Memoriam Joshua Wolf, assistant members who want to learn what Leo Spandorf ’82 Corey Fitelson joined Reveille as corporation counsel at the can be done to help protect the Hon. Robert A. Ross ’83 business affairs coordinator. He New York City Law Department, rights of a bullied child or young Laura Peck ’89 received a pro bono award at the adult. works directly for David Kekst, Robin W. Levine ’96 executive vice president, business New York City Bar Association’s operations and legal, and with the Municipal Affairs Awards dinner Jerry Granata joined McCabe, business affairs department. on June 16. Chief Judge Loretta A. Collins, McGeough & Fowler as Preska of the U.S. District Court for an associate. He works closely Online content View class notes for C. William Gaylor III, an attorney the Southern District of New York with insurance claims adjusters 2012 and an archive at Morici & Morici, was honored presented the awards. regarding case development. of earlier class notes at for his pro bono services to law.hofstra.edu/ClassNotes
Hofstra Law Report • SPRING 2012 60 Turn theory into action.
With grateful appreciation to the adjunct members of our faculty, many of whom are alumni, for their service during the 2011-2012 academic year
Robert M. Archer Marc L. Hamroff ’83 John G. Pieper
Hon. Leonard B. Austin ’77 Robert M. Harper ’07 Troy G. Pieper
Leslie R. Bennett Carol Casazza Herman ’84 Jack M. Platt ’77
Steven C. Bennett John M. Hogan ’76 Neal R. Platt ’78
Deborah Berger Hon. Richard I. Horowitz ’87 Rona L. Platt ’94
Lee B. Bergstein Michael D. Jaffe ’80 Roxane Polak
Robert P. Biancavilla Alan L. Jakimo Seth A. Presser ’07
Hon. Joseph F. Bianco Gary E. Kalbaugh Elizabeth K. Quinn ’05
Richard A. Bock ’96 Elena Karabatos Andrew W. Reiss ’98
Lawrence Jay Braunstein David A. Kaufman John L. Rivkin
Nancy J. Burner ’88 Avi Z. Kestenbaum Jared R. Rosenblatt ’03
Andrez Carberry ’05 Brian G. Klein ’10 Michael E. Ryan
Ralph H. Cathcart ’90 Spencer D. Klein ’89 Louis A. Scarcella ’77
Peter C. Contino Hon. Gary F. Knobel Robert C. Schwenkel
Craig M. Cooley Lawrence G. Kurland Rita A. Sethi
Hon. R. Bruce Cozzens Barry D. Lites Grant A. Shehigian ’07
Hon. Edmund M. Dane Kimberly A. Luckey ’99 William M. Skehan
Matthew Del Forte Barbara A. Lukeman ’00 David R. Smith ’05
Jack B. Evans ’08 Andrew H. Lupu Lisa A. Spar
Erica R. Feynman ’02 Lewis R. Mandel Michael Steinberg
Hon. Kenneth L. Gartner Hon. Edward W. McCarty III Daniel M. Sullivan
Ashleigh M. Garvey ’10 Gerard C. McCloskey ’08 Michael F. Vecchione
Leo Spandorf ’82 Christopher T. McGrath Hon. Robert A. Ross ’83 Dolores Gebhardt ’84 Bennett J. Wasserman ’74 Laura Peck ’89 Robin W. Levine ’96 James F. Gesualdi Janis M. Meyer ’81 Philip Weinberg
George A. Giuliani Andrew L. Oringer ’84 Joel Weintraub, M.D. ’00
Barry D. Goldberg L. Peter Parcher Patrick J. Young ’85
Damian J. Pieper
Gold text denotes an alumna or alumnus. Non-Profit Org. U.S. Postage Paid Hofstra University
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