Professor Barbara S. Barron was a member of the three-person teaching faculty for the National Institute for Trial Advocacy deposition course conducted for the law firm Paul Hastings on June 24-26 at NITA headquarters in Boulder, Colorado.
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The article “Toward a Theory of Intercountry Human Rights: Global Capitalism and the Rise and Fall of Intercountry Adoption” by Professor Barbara Stark has been accepted for publication in the Indiana Law Journal.
Abstract
Human rights, as set out in the International Bill of Rights roughly 40 years ago, have not lived up to their drafters’ hopes. Some argue that they have not come close. Even their champions recognize their limits. As Professor Philip Alston notes, “In absolute figures, never before have so many men, women, and children been subjugated, starved, or exterminated on the Earth.” The shortcomings of human rights law are often blamed on weak enforcement. Because nation-states resist restraints on their sovereignty, human rights law depends in large part on states policing themselves. On the international level, UN agencies and non-governmental organizations (NGOs) monitor and report on human rights violations, but they have no authority to sanction violators or compel remedies.
This Article proposes another mechanism for enforcement, an alternative to self-serving domestic policing and weak international bureaucracy. “Intercountry,” as opposed to “international,” human rights would apply to specific rights in specific contexts and be enforceable through the legal mechanisms and other resources of the states that accepted them. The Article considers this proposal in the context of intercountry adoption.
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The Maurice A. Deane School of Law at Hofstra University has awarded the inaugural Harris Beach Diversity Scholarship to rising third-year student Vanessa Wilcox. The establishment of the scholarship by the law firm was recognized at Hofstra University’s annual scholarship luncheon on March 27.
Established in 2018, the Harris Beach Diversity Scholarship is awarded to an upper-level law student who enhances the diversity of the student body and has an interest in pursuing a career in supporting economic development on Long Island.
Vanessa, who lives in Westbury, New York, is a member of Hofstra Law’s Black Law Student Association, Tax Law Association, and Trusts and Estates Law Society. She has also volunteered as a tutor at the Westbury UMC S.T.A.R.R. After School Program. This past summer, Vanessa was a judicial intern to the Honorable William J. O’Brien in Nassau County District Court.
“I am grateful to Harris Beach for this incredible scholarship,” said Vanessa, pictured above between Harris Beach’s Sandy Milord, associate, and Thomas Garry, managing partner of the firm’s Uniondale office, at the scholarship luncheon. “This will help me reach my goal of founding an organization that teaches middle- and low-income families how to protect their assets for a brighter future and an overall quality of life.”
“Harris Beach strongly supports opportunities for tomorrow’s lawyers. This scholarship and our work with Hofstra Law is just one way that we demonstrate that commitment,” said Garry in the firm’s press release. “Vanessa is an outstanding candidate, and we are looking forward to introducing her to the many facets of the practice of law in the Long Island area.”
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Motivated by the rising number of real estate developments in New York City, Barbara Blaszczyk 2L knew that she wanted to focus her legal education toward real estate law. During her spring semester field placement with Neptune Associates, Barbara gained practical experience in the field, something essential to every law student.
On securing a field placement: “I decided that an externship would be an incredible opportunity to gain practical experience, and thanks to Hofstra Law’s Office of Experiential Programs, it became a reality. My spring semester field placement with Neptune Associates went above and beyond my expectations.”
Real-world experience: “It has taught me not only the legal aspects relating to real estate transactions but also how a real estate management company operates. I had the opportunity to work under the supervision of a Hofstra Law alumnus. He provided me with the tools I needed to learn and understand the general concepts of real estate, and within just a few months, I learned how to analyze and draft lease agreements, lease renewals, purchase agreements and closing documents.”
Working with my supervising attorney: “He included me in a number of real estate projects and made sure to explain all of my assignments, along with incorporating practical implications in the day-to-day practice. Thanks to my position with Neptune, I was able to expand my knowledge not only of the law behind transactional real estate but also of the aspects of how to operate a business. This was an unforgettable experience, and it is knowledge that I would not have been able to attain without the field placement experience.”
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In recent weeks Julian Ku, the Maurice A. Deane Distinguished Professor of Constitutional Law, has been asked by media outlets to comment on such China-related matters as alleged violations of the North Korean sanctions, the issue that sparked the Hong Kong protests, U.S.-Taiwan relations, and the Huawei ban.
The Washington Post, June 24, “Chinese bank involved in probe on North Korean sanctions and money laundering faces financial ‘death penalty’ ”: Professor Ku is quoted about the significance of a Patriot Act proceeding against a Chinese bank in a U.S. investigation into North Korean sanctions violations.
The New York Times, June 15, “The Murder Case That Lit the Fuse in Hong Kong”: Professor Ku is quoted about the possible consequences should Hong Kong establish an arrangement with Taiwan to send criminal suspects to each other but not do so with mainland China.
BBC News (Chinese Edition), June 9: Professor Ku is quoted in a story about the Trump administration and U.S. policy toward Taiwan.
Wired, May 30, “Another Ripple From the Huawei Ban: Scientific Peer Review”: Professor Ku is quoted about a decision by the Institute of Electrical and Electronics Engineers (IEEE) to instruct editors of its publications to stop using Huawei employees as peer reviewers for articles they’re considering for publication. [Note: Wired on June 3 added an update to the story that the IEEE on June 2 said it had lifted the restriction on Huawei employees participating in peer reviews.]
The New York Times, May 29, “Huawei Revs Up Its U.S. Lawsuit, With the Media in Mind”: Professor Ku is quoted about Huawei’s request for a summary judgment in its lawsuit against the U.S. government.
Wired, May 21, “How Huawei Might Handle the Latest US Sanctions”: Professor Ku is quoted about Huawei’s lawsuit against the U.S. government and U.S. sanctions restricting Huawei’s access to U.S. technology.
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During her time at Hofstra Law, Sadie Hyppolite ’19 took advantage of opportunities to gain practical experience in the field of immigration law, including the Immigration Clinical Practicum and the Deportation Defense Clinic. In her last year of law school, she qualified for the Pro Bono Scholars Program and chose to work at African Services Committee providing pro bono legal assistance.
On the Pro Bono Scholar program: This past semester I had the pleasure of working at African Services Committee in Harlem as a Pro Bono Scholar, a program established by former Chief Judge Jonathan Lippman that allows students in their final year of law school to devote their last semester to pro bono service under the supervision of an attorney. As an additional benefit, Pro Bono Scholars are permitted to take the bar exam in February of their final year, and I am thrilled to have passed the bar and am awaiting admission.
Working with my clients: African Services Committee serves a wide range of clients who seek assistance with immigration, housing and family law matters. The majority of clients I worked with were seeking help with an immigration matter, with many seeking asylum as victims of violence. I worked with people from all walks of life and from many countries in Africa.
Takeaways from my experience at ACS: My time at ASC was priceless. Working with attorneys that care about their clients and fight to ensure their clients get the best representation possible was nothing short of inspiring. As a Pro Bono Scholar I was given my own docket of cases where I was able to represent my clients under the supervision of an attorney. This semester taught me that I have what it takes to be an attorney, and I cannot wait to continue this important work.
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Irina D. Manta, associate dean for research and faculty development, professor of law, and founding director of the Center for Intellectual Property Law, presented on June 1 at the annual National Conference of the University of Houston Law Center’s Institute for Intellectual Property & Information Law (IPIL).
The topic of this year’s symposium was “What’s Real? — IP from a Property Theory Perspective,” and the title of Professor Manta’s presentation was “Keeping IP Real.”
IPIL’s National Conference, traditionally held in Santa Fe, New Mexico, has through the years provided scholars a unique setting to develop, debate and deploy commentary and policy proposals concerning intellectual property and information law.
View more information about the IPIL National Conference on the University of Houston Law Center website.
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Infosys reviews exposure to sanctions-hit Huawei, other IT majors to follow suit
Infosys is racing to ensure it is not caught short by US clamping down on the Chinese technology giant.
By Jochelle Mendonca
Economic Times (India)
June 4, 2019
Excerpt:
“Any Indian company that is working with Huawei should at least consult a sanctions law expert to analyse whether the technology they are using or providing to Huawei would trigger US export controls and require a licence,” Julian Ku, Faculty Director of International Programs, and Maurice A Deane Distinguished Professor of Constitutional Law at Hofstra University, said.
Read the full article on the Economic Times website.
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Stefan Krieger, the Richard J. Cardali Distinguished Professor of Trial Advocacy, presented the paper “Oral History as a Method for Advancing Justice and Educating for a Just Society” on July 4 at the 2019 European Network for Clinical Legal Education and International Journal of Clinical Legal Education Conference in Bratislava, Slovakia.
In the paper, Professor Krieger described the oral history study he is conducting with colleagues in the Hofstra University Sociology Department and School of Communications about the 150 Secatogue housing discrimination case his Law Reform Advocacy Clinic litigated for nearly a decade.
Specifically, he addressed the logistical and ethical issues encountered in conducting such a study and the ways that such studies can be used to assist other civil rights lawyers and community activists.
View more information about the conference on the University of Northumbria at Newcastle website.
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Irina D. Manta, associate dean for research and faculty development, professor of law, and founding director of the Center for Intellectual Property Law, and Cassandra Burke Robertson, professor of law and director of the Center for Professional Ethics at Case Western Reserve University, published the op-ed “A long-running immigration problem: The government sometimes detains and deports US citizens” on July 8 in The Conversation.
Read the full op-ed on the Conversation website.
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Stefan Krieger, the Richard J. Cardali Distinguished Professor of Trial Advocacy, and his son Jonathan, an attorney with the Illinois Office of the State Appellate Defender, presented the paper “Contextual Facts and the Evidentiary Rules: What’s So Wrong with Playing to the Sympathy of the Jurors?” on July 9 at the seventh biennial Applied Legal Storytelling Conference at the University of Colorado in Boulder.
The paper explored the development of the judicial fear of attorneys playing to the sympathy of the jury in light of the importance of contextual facts in storytelling and the recognition in current evidence law scholarship and cognitive science that some of those facts are essential to the presentation of the case.
View more information about the Applied Legal Storytelling Conference on the Legal Writing Institute website.
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The article “Blunting the Later-Mover Advantage: Intellectual Property and Knowledge Transfer” by Professor Irina D. Manta, associate dean for research and faculty development, and political scientist Professor Mattias Ottervik was published in the IP symposium of the Akron Law Review (Vol. 52, 2019).
Abstract
The United States followed a path of initially giving little protection to intellectual property (IP) so that the country could benefit from the IP of nations we term earlier-movers on the world stage of economic development. This symposium piece argues that Japan and China have been following a similar trajectory in their intellectual property laws while progressing on their own economic climb. Widespread international outsourcing of manufacturing has made intellectual property a key asset for private companies, which has strengthened the tendencies of earlier-movers to formulate and enforce strict intellectual property laws. This suggests that countries like China respond not only to pressure from earlier-movers like the United States to increase intellectual property protection, but are also driven by concerns against their own later-movers. Perhaps curiously, if the hierarchy of movers shifts and the relative interest in intellectual property enforcement does as well, China will someday seek to protect its goods against infringement by the likes of the United States and Japan.
Read the full article (PDF) on the SSRN website.
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Professor J. Scott Colesanti, a former regulator who has taught Securities Regulation for two decades, wrote the article “The SEC vs. Cryptocurrency: From Dante to Facebook,” which appears on page 4 in the Aug. 1 print edition of New York Law Journal. The article was first published on the NYLJ website on July 31.
The SEC has occasionally grabbed headlines by charging Ponzi schemers dabbling in cryptocurrency. But the agency — like all other American agencies — has resisted attempts at definition of the new product. In the article, Professor Colesanti threatens condemnation by the great Dante himself for those who further delay in providing guidance for entrepreneurs and safety for investors.
Read the full article on the New York Law Journal website.
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Professor Elizabeth M. Nevins, attorney-in-charge of the Criminal Justice Clinic, published the op-ed “Courting bigger problems: It’s time for New York’s judges to relax strict rules demanding defendants show up for every single proceeding” on Aug. 3 in the New York Daily News.
Read the op-ed on the New York Daily News website.
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Eric Garner’s family vows large protests if Pantaleo isn’t fired
By Matthew Chayes
Newsday
Aug. 3, 2019
Excerpt:
[The Rev. Al] Sharpton said he would push Congress to prohibit chokeholds nationally. …
A bill drafter would need to identify a constitutionally authorized power in order to criminalize a chokehold on a federal level, according to Robin Charlow, a Hofstra law professor. The use of typical avenues — like the 14th Amendment’s equal-protection guarantee, which is the basis for federally prosecuting cops for violating civil rights; or the Constitution’s interstate-commerce clause, which is the basis for federal drug crimes — isn’t certain to pass U.S. Supreme Court muster, Charlow said. She couldn’t immediately think of a feasible avenue.
Read the full article on the Newsday website.
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Professor Irina D. Manta, founding director of the Center for Intellectual Property Law, presented on Aug. 8 at the 19th annual Intellectual Property Scholars Conference hosted by the Center for Intellectual Property Law & Information Technology (CIPLIT®) at DePaul University College of Law.
Professor Manta presented her paper “Keeping IP Real,” which is a symposium piece forthcoming in the Houston Law Review.
The IP Scholars Conference brings together intellectual property scholars to present their works-in-progress in order to benefit from the critique of colleagues. The IPSC format is designed to facilitate free-ranging discussion and to help people hone their ideas.
View the conference schedule (PDF) on the DePaul University College of Law website.
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Queens Republican Convention Shuts Out Public on Judge Picks
By Christine Chung
The City
Aug. 13, 2019
Excerpt:
Queens Republicans aren’t being very democratic.
Dozens of delegates for the Queens GOP’s judicial convention will gather in Glendale Wednesday to nominate candidates for six state Supreme Court vacancies — but the party is defying convention by banning the public and the press. …
James Sample, a judicial elections expert and professor at Hofstra Law School, called the judicial convention process a “system that has all of the appearances and trappings of democracy but none of the substance of democracy.”
“The idea that one would trust a process that is intentionally shrouded in secrecy and intentionally hidden from the public is laughable,” Sample said.
Read the full article on the City website.
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The post “The IAALS Out-of-Court Model and the Education of Future Family Lawyers” by Andrew Schepard, the Sidney and Walter Siben Distinguished Professor of Family Law and director of the Center for Children, Families and the Law, was published on Aug. 15 on the blog of IAALS, the Institute for the Advancement of the American Legal System.
Professor Schepard examines the innovations in education that spring from the IAALS Out-of-Court Model and the effect on the law students who participated in the on-campus Resource Center for Separating and Divorcing Families at the University of Denver.
View Professor Schepard’s post on the IAALS website.
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The article “The Need for Peer Mentoring Programs Linked to the Legal Writing Class: An Analysis and Proposed Model” by Professor Amy R. Stein was published in the Spring 2019 issue of Perspectives: Teaching Legal Research and Writing (Vol. 27, No. 1).
Perspectives is a journal published by Thomson Reuters twice a year for legal research and writing instructors and law firm and law school librarians. The journal provides a forum for discussing the teaching of legal research and writing, focusing on research materials, tools and theories.
View Professor Stein’s article (PDF) on the Thomson Reuters website.
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The article “(Un)Civil Denaturalization,” co-written by Professor Irina D. Manta, founding director of the Center for Intellectual Property Law, with her former colleague Cassandra Burke Robertson, professor of law and director of the Center for Professional Ethics at Case Western Reserve University, has been published in the June 2019 issue of the New York University Law Review (Vol. 94, No. 3).
Abstract
Over the last fifty years, naturalized citizens in the United States were able to feel a sense of finality and security in their rights. Denaturalization, wielded frequently as a political tool in the McCarthy era, had become exceedingly rare. Indeed, denaturalization was best known as an adjunct to criminal proceedings brought against former Nazis and other war criminals who had entered the country under false pretenses.
Denaturalization is no longer so rare. Naturalized citizens’ sense of security has been fundamentally shaken by policy developments in the last five years. The number of denaturalization cases is growing, and if current trends continue, they will continue to increase dramatically. This growth began under the Obama administration, which used improved digital tools to identify potential cases of naturalization fraud from years and decades ago. The Trump administration, however, is taking denaturalization to new levels as part of its overall immigration crackdown. It has announced plans for a denaturalization task force. And it is pursuing denaturalization as a civil-litigation remedy and not just a criminal sanction—a choice that prosecutors find advantageous because civil proceedings come with a lower burden of proof, no guarantee of counsel to the defendant, and no statute of limitations. In fact, the first successful denaturalization under this program was decided on summary judgment. It alleged that an asylum claim was improperly filed more than twenty-five years ago. The denaturalization judgment was granted in 2018, with the defendant never having been personally served with process and never making an appearance in the case, either on his own or through counsel. Even today, it is not clear that he knows he has lost his citizenship.
The legal status of denaturalization is murky, in part because the Supreme Court has long struggled to articulate a consistent view of citizenship and its prerogatives. Nonetheless, the Court has set a number of significant limits on the government’s attempts to remove citizenship at will—limits that are inconsistent with the administration’s current litigation policy. This Article argues that stripping Americans of citizenship through the route of civil litigation not only violates substantive and procedural due process, but also violates the rights guaranteed by the Citizenship Clause of the Fourteenth Amendment. Last, but not least, (un)civil denaturalization undermines the constitutional safeguards of democracy.
Read the full article (PDF) on the New York University Law Review website.
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