The Maurice A. Deane School of Law announced that Mark C. Niles has joined its full-time faculty as Professor of Law.

“I am excited to welcome Professor Niles to the Hofstra Law faculty,” said Judge Gail Prudenti, dean of Hofstra Law. “His excellent teaching and scholarship will be wonderful additions to our outstanding faculty.”

Professor Niles teaches and specializes in civil procedure, constitutional law, administrative law and governmental liability. After graduating from Wesleyan University and Stanford Law School, he served as a clerk for the Honorable Francis Murnaghan, Jr., of the Fourth U.S. Circuit Court of Appeals, as a litigation associate at the D.C. firm of Hogan and Hartson, and as a staff attorney on the Civil Division appellate staff of the U.S. Department of Justice. He has also served as the reporter for the Maryland Civil Pattern Jury Instructions Committee of the Maryland State Bar Association.

Before joining Hofstra Law, Professor Niles spent 12 years as a professor at the American University Washington College of Law, the last six of those as Professor and Associate Dean for Academic Affairs.

Professor Niles has published numerous articles and essays on subjects including the Ninth Amendment, federal tort liability, airline security regulation, the impact of dramatic public events on the evolution of regulatory administration, the social and legal consequences of pre-crime incarceration, the depiction of law and justice in American popular culture, and tort liability for prosecutorial misconduct.

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A commentary by Judge Gail Prudenti, dean and executive director of the Center for Children, Families and the Law, titled “Jury Selection Shouldn’t Be an Opportunity for Advancing Racist Agenda” was published on Aug. 27 by the New York Law Journal.

In her commentary, Judge Prudenti argues that in the U.S. Supreme Court’s ruling in June in a case called Flowers v. Mississippi, the justices “confirmed in no uncertain terms that attorneys cannot misuse ‘peremptory’ challenges to exclude potential jurors solely because of their race.”

Read Judge Prudenti’s full commentary on the New York Law Journal website.

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The article “Litigating Citizenship,” 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 accepted for publication in the Vanderbilt Law Review.

Abstract
By what standard of proof — and by what procedures — can the U.S. government challenge citizenship status? That question has taken on greater urgency in recent years. News reports discuss cases of individuals whose passports were suddenly denied, even after the government had previously recognized their citizenship for years or even decades. The government has also stepped up efforts to re-evaluate the naturalization files of other citizens and has asked for funding to litigate more than a thousand denaturalization cases. Likewise, citizens have gotten swept up in immigration enforcement actions, and thousands of citizens have been erroneously detained or removed from the United States. Most scholarly treatment of citizenship rights has focused on the substantive protection of those rights. But the procedures by which citizenship cases are litigated are just as important — and sometimes more important — to ensure that citizenship rights are safe.

This Article analyzes the due-process implications of citizenship litigation in the United States. It examines different stages at which the citizenship question is judicially resolved, including denaturalization, removal and exclusion, and restrictions on the exercise of citizenship rights such as voting, working, and traveling. The Article concludes that the structure of U.S. democracy relies on the stability of citizenship and requires heightened procedural protections when the government challenges an individual’s citizenship. In the words of Justice Felix Frankfurter, “The history of liberty has largely been the history of observance of procedural safeguards.” Those procedural safeguards are needed to ensure that the judicial branch can remain the stalwart protector of a key pillar of our constitutional democracy.

View the current draft of the article (PDF) on the SSRN website.

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Professor Matthew A. Shapiro presented the paper “Distributing Procedure” on Sept. 6 at the 11th annual Junior Faculty Federal Courts Workshop, which was held at the University of Arkansas School of Law in Fayetteville.

View more information about the 2019 workshop on the University of Arkansas School of Law website.

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For the second consecutive year, PreLaw magazine has awarded Hofstra Law an “A+” rating for its Family Law offerings. The ratings are announced in preLaw’s Back to School 2019 issue in the article “Top Schools: Family Law.”

Hofstra Law is one of only four law schools to receive an “A+” rating for Family Law. PreLaw bases the ratings on the breadth and depth of a law school’s curricular offerings, including a concentration, a clinic, a center, an internship/externship, a journal, a student group, and a certificate.

Hofstra Law’s offerings in Family Law include:

• Concentration in Family Law

• Youth Advocacy Clinic, in which Hofstra Law students learn the facets of client advocacy through the challenging experience of representing youth in special immigrant juvenile matters and child maltreatment cases.

• Center for Children, Families and the Law, an interdisciplinary center for education, research, and public service focused on children and families involved in the legal system

• Externships with organizations such as The Legal Aid Society, the Children’s Law Center, the Department of Social Services, the Harvard Legal Aid Bureau, Lawyers for Children, and several family court judges’ and district attorneys’ offices

• Family Court Review, an international, interdisciplinary, peer-reviewed quarterly family law journal (published under the auspices of the Association of Family and Conciliation Courts, or AFCC), whose editorial staff is based at Hofstra Law

• A student organization, the Family Law Society

• Child and Family Advocacy Fellowship

• More than 20 courses, such as Alternatives to Litigation; Child Abuse and Neglect; Domestic Violence Seminar; Family Law/Family Law With Skills; Family Law Practicum/Mediation Project; International Family Law; Introduction to Child and Family Advocacy; Mediation Seminar; Modern Divorce Advocacy; and 17-A Guardianship Demonstration Project

PreLaw magazine is a National Jurist publication.

View the full article “Top Schools: Family Law” in preLaw’s online Back to School 2019 issue (Vol. 23, No. 1).

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Hofstra Law alumna Mariel Colón Miró ’17 is profiled in the Aug. 29 article “The 26-Year-Old Defense Attorney Whose First Two Clients Were El Chapo and Jeffrey Epstein” on New York magazine’s Intelligencer website.

The article describes the meteoric arc of Colón Miró’s career in just five months from recent law school graduate awaiting her bar exam results to paralegal for the firm representing Joaquín “El Chapo” Archivaldo Guzmán Loera to junior attorney on Guzmán’s trial team to trial attorney on his defense team to member of convicted sex offender Jeffrey Epstein’s defense team before he died by suicide.

The article also includes a quote from Hofstra Law Professor Elizabeth M. Nevins, attorney-in-charge of the Criminal Justice Clinic, who supervised Colón Miró when she was a student in the clinic.

The 26-Year-Old Defense Attorney Whose First Two Clients Were El Chapo and Jeffrey Epstein
By James D. Walsh
Intelligencer, New York Magazine
Aug. 29, 2019

Excerpt:
Three days before Epstein committed suicide, Colón Miró visited him at the [Metropolitan Correctional Center] and served as a witness to his will. When Bloomberg reported on the will, including Colón Miró’s signature, people began sending her Facebook messages and leaving voicemails. She’d gotten similar messages throughout El Chapo’s trial. They always seemed to end up asking the same question: “How do you sleep at night?”

“I sleep with a clear conscience,” she told me. “If you have a moral dilemma with that, then this profession is not for you. It’s easy to lose that human perspective in this profession. You think that detaching makes it easier to do your job, but it makes it harder for your client. You can’t ever lose that perspective, that empathy, that caring for them. I don’t ever want to lose it. I think that’s what distinguishes me.”

Read the full article on the New York magazine’s Intelligencer website.

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For the third consecutive year, preLaw magazine has awarded Hofstra Law an “A” rating for its Health Law offerings. The ratings are announced in preLaw’s Back to School 2019 issue in the article “Top Law Schools: Health Law.”

Hofstra Law is one of only 29 law schools that received an “A” or an “A+” rating for Health Law. PreLaw bases the ratings on the breadth and depth of a law school’s curricular offerings, including concentrations, clinics, centers, internships/externships, and dual-degree programs, among others.

Hofstra Law’s offerings in Health Law include:

• More than 15 courses, such as Bioethics and the Law; Law of Medical Product Discovery, Development, and Commercialization; Public Health Law, Policy, and Ethics; and Law and Medicine: Cooperative Professionalism, which brings law students to a local hospital where they join teams of medical students on clinical rounds

• Concentration in Health Law

• Advanced Research Fellowship in Health Law

• Gitenstein Institute for Health Law and Policy

• Hofstra University Bioethics Center, a collaboration of Hofstra’s law and medical schools

• Robert W. Entenmann Veterans Law Clinic, in which Hofstra Law students assist local veterans in obtaining the disability and health care benefits to which they are entitled

• Externships with organizations such as Catholic Health Services and New York State’s Mental Hygiene Legal Service

• Clinical Bioethics Certificate program, which blends academic coursework with a clinical skills component that allows participants to learn — and be assessed in — clinical competencies in preparation for real-life consultations in medical settings

• JD/Master of Public Health (MPH) joint degree program with Hofstra University’s School of Health Professions and Human Services

• Online MA in Health Law and Policy and LLM in Health Law and Policy programs

• Medical-Legal Partnership with Northwell Health, which provides legal services for patients facing issues that contribute to poor health, such as denial of health care coverage, social services, immigrants’ rights, or disability benefits.

• Conversations: Health and Treatments (CHAT), a partnership between the Gitenstein Institute, Northwell Health and communities in the New York metropolitan area, which empowers people with information about advance care planning, allowing for more open communication with their families and clinicians about patient-centered medical decision-making

• Mission Critical, a veterans outreach and engagement campaign developed by the Gitenstein Institute to serve the local veteran community by delivering coordinated and accessible educational, clinical, legal and social resources in a centralized location on the Hofstra University campus

PreLaw magazine is a National Jurist publication.

Read the full article “Top Law Schools: Health Law” in preLaw’s online Back to School 2019 issue (Vol. 23, No. 1).

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Professor Brenner M. Fissell presented the paper “When Agencies Make Criminal Law” to the first American meeting of the Anglo-German Dialogue Project on Criminal Law — a group of scholars from various countries who meet to compare features of their various jurisdictions.

The meeting was held Sept. 9 at Rutgers University.

Abstract
The nondelegation doctrine prohibits a legislature from delegating its power to an administrative agency, yet it is famously underenforced — even when the delegation results in the creation of criminal offenses (so-called “administrative crimes”). While this practice appears to scandalize the hornbook presumption that legislatures alone define criminal offenses, it has long been ratified by the Supreme Court, and has received little scholarly attention. The few commentators who have addressed administrative crimes highlight the intuition that criminal sanctions are uniquely severe, and thus deserving of a more rigorous nondelegation analysis, but they stop there. They do not precisely link the severe aspects of criminal punishment with a requirement for the type of institutions that can create criminal law. This Article provides that link. I argue that the two most significant dimensions of criminal punishment — community condemnation and liberty deprivation — implicate the concerns of the two most prominent political theories of punishment: Expressivism and Liberalism. A latent but mostly unstated premise of both theories, I claim, is that criminalization must be undertaken by a democratic institution. Given this, administrative crimes should be seen as illegitimate under either conception of state punishment.

View Professor Fissell’s article (PDF) on the SSRN website.

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Leading industry experts expose students to effective project development strategies. 

As real estate challenges continue to escalate on Long Island, the Maurice A. Deane School of Law at Hofstra University is offering a new, intensive course that will provide students with the skills to navigate and shape the future of Long Island real estate development. Offered through Hofstra Law’s Wilbur F. Breslin Center for Real Estate Studies and in partnership with the Long Island Real Estate Group (LIREG), the interdisciplinary Real Estate Development Seminar will expose law and business students to every aspect of a real estate development project, from concept to construction.

“Hofstra’s continued dedication to the success of their students accompanied by LIREG’s goal of bolstering the next generation of Long Island real estate professionals has led to this strong and exciting partnership,” said Alison Brennan, a LIREG board member and chief executive officer of Einbinder Development.

A recent study released by Nassau County Comptroller Jack Schnirman revealed that corrective action must be immediately taken to keep millennials, who are currently leaving in droves, on Long Island. Two key steps for solving this problem is updating zoning codes and developing affordable housing options.

“By providing students with an in-depth, practical understanding of how to navigate each phase of a real estate project, they will be able to graduate law school with the tools needed to thrive in the real estate industry and confront the major real estate issues in the area,” explained Professor Ashira Pelman Ostrow, executive director of the Breslin Center. “The course also exposes law students and business students to the many employment opportunities within real estate.”

Each of the 14 class sessions will focus on a different aspect of real estate development and be taught by a variety of industry expert lecturers, including developers, bankers, lenders, and title experts. Topics to be discussed are feasibility studies, zoning and approvals, negotiating the contract of sale, title search, environmental review, product design, construction and finance, leasing, brokerage/marketing, property management, and condo/co-op residential housing.

On September 18, the students visited two communities developed and constructed by Engel Burman, based in Garden City. The first site, which recently broke ground in Uniondale, is designed to address the shortage of rental housing for young people and seniors on Long Island. This site will include two different communities: one for active adults age 55 and up, and the other designed specifically for students and young people entering the local workforce. The second site, in Jericho, also consists of two communities, both of which address senior living.

“Real estate development on Long Island has always been inherently complicated due to fragmented politics and antiquated zoning codes. We’re finding that development is becoming increasingly difficult over time here,” explained Scott Burman, partner at The Engel Burman Group. “Our collaboration with Hofstra Law is extremely exciting,” he added, “and I look forward participating by educating the next generation of professionals about the intricacies of real estate. I hope we can excite and inspire some smart young people to join our trade in the future.”

Fourteen students have been accepted to take the course, which is fully enrolled and has a waiting list. “Engaging with those in the trade and learning all aspects of buying, selling, financing, developing, leasing, and managing is exactly why I came to law school,” said Jad Sayage, a second-year law student.

The new course is part of Hofstra Law’s mission to expand and enhance interdisciplinary opportunities for students and professionals through partnerships with Hofstra University’s schools, including Business, Engineering, and Medicine. The Law School took over the Breslin Center, a key part of this initiative, in January 2019. On October 7, the Breslin Center will sponsor a Land Use Training Program for Municipal Planning and Zoning Officials.

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The Monroe H. Freedman Institute for the Study of Legal Ethics at the Maurice A. Deane School of Law has organized the conference “Leading Differently Across Difference: A National Conference on Training Lawyers as Leaders.” The full-day event is being held on Nov. 8 at the Association of the Bar of the City of New York in Manhattan.

“This conference of excellent, diverse speakers fulfills the critical need to examine practices that encourage the training and promotion of lawyers of different races, ethnicities, genders, and generations to leadership positions in law schools and the profession,” says Professor Ellen Yaroshefsky, executive director of the Freedman Institute.

Together with five panel discussions, the conference features an opening presentation, “Facing the Challenge,” by Anthony Thompson, professor of clinical law at NYU School of Law, as well as a midday presentation, “Crosscurrents of Leadership Challenges and Some Suggested Practices and Programs,” by Tirien Steinbach, chief program officer for the ACLU of Northern California.

Joining the Freedman Institute as co-sponsors of the conference are the following:
• Morrison & Foerster
• New York State Unified Court System
• Abraham J. Gross ’78 Conference and Lecture Fund
• Association of American Law Schools Leadership Section
• Columbia Law School Center for Institutional and Social Change
• CUNY School of Law
• Elisabeth Haub School of Law at Pace University
• Fordham Law School
• Jacob Burns Center for Ethics in the Practice of Law at Cardozo School of Law
• NYU School of Law Center on Race, Inequality, and the Law

View the full conference program on the Freedman Institute website.

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Professor Brenner M. Fissell, along with Dean Michael Cahill of Brooklyn Law School, will serve as co-convener of the former NYC Criminal Law Theory Colloquium, now renamed the Markelloquium in honor of the colloquium’s founder, the late Dan Markel.

The colloquium is a well-known gathering of criminal law scholars that meets regularly in Manhattan to discuss works in progress.

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Ellen Yaroshefsky, the Howard Lichtenstein Distinguished Professor of Legal Ethics and executive director of the Monroe H. Freedman Institute for the Study of Legal Ethics, is the author of the chapter “The Mueller Investigation and Legal Ethics” in the forthcoming book The Mueller Investigation and Beyond (Carolina Academic Press), which is due to be released in October.

From the Publisher
The Mueller Investigation and issues emanating from that investigation are at the heart of this book, providing a contextual setting for learning and reviewing materials across the law school curriculum. The book includes cases, essays, and other materials that allow it to be used as a capstone course for classroom discussion in areas of administrative law, civil procedure, counterintelligence and congressional investigative activity, constitutional law, criminal law and procedure, election law, evidence, and professional responsibility.

View more details about the book on the Carolina Academic Press website.

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Jennifer Gundlach, the Emily and Stephen Mendel Distinguished Professor of Law and director of the Hofstra Law Pro Se Legal Assistance Program, co-wrote the commentary “A Call for Action To Increase the Provision of Legal Services for Unrepresented Civil Litigants in Our Federal Courts,” which was published Sept. 20 in the New York Law Journal.

The article examines the dire need for more programs to provide legal assistance to the growing number of unrepresented civil litigants in the federal courts, many of whom are racial minorities and are living at or near the poverty level.

The article also highlights the New York state courts as being “at the forefront of dramatically increasing funding for access to justice initiatives, beginning with leadership by former Chief Judge Jonathan Lippman and Chief Administrative Judge Gail Prudenti (now Dean at the Maurice A. Deane School of Law at Hofstra University), and with the continuing support of our current Chief Judge Janet Difiore.”

Professor Gundlach co-wrote the article with Lynn Kelly, executive director of the City Bar Justice Center; Robyn Tarnofsky, director of the NYLAG (New York Legal Assistance Group) Legal Clinic for Pro Se Litigants; and Bernadette Gargano, director of the Buffalo Law Pro Se Assistance Program.

Read the full commentary on the New York Law Journal website.

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Hofstra Law alumnus Christopher “Chris” Czerwonka ’13, a senior fellow at the Gitenstein Institute for Health Law and Policy, an adjunct professor for Hofstra Law’s online Master’s in Health Law and Policy programs, and an advocate for LGBT and disability rights, was interviewed by the National LGBT Bar Association for a “Member Spotlight” profile on its website.

In the profile, Czerwonka speaks about the challenge of not looking like “your stereotypical lawyer,” the benefits he experiences as an LGBT Bar member, his dedication to social justice, and his interest in the intersection of LGBT and disability law.

Excerpt:
Chris believes that presence at events like the Lavender Law® Conference and membership with the [LGBT] Bar are strong indications of both individual and organizational values.

“In this day and age, it makes a statement about who you are and what you value as an attorney,” he affirms. “It makes it very clear you do not intend to stay silent in the continuing undermining, subversion and at times destruction of rights that have been fought so hard for.”

This dedication to social justice is a big part of what drives Chris’s membership with the National LGBT Bar Association and his determination to stand with the entire LGBTQ+ community. “As a person with a disability, I find that it imposes more of an obligation to stand up where I see injustice and say, ‘No, this is wrong, and I will not stand by and let it happen,’ even if I’m not the one being mistreated at the moment, because I know what that feels like,” he says. “I won’t let others be victimized by individual people or by broader systems as a whole.”

Read the full profile on the LGBT Bar website.

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Professor James Sample was interviewed at Hofstra Law for a Sept. 25 News12 Long Island broadcast report the day after the decision by Congress to start an impeachment inquiry into President Donald Trump’s alleged abuse of power.

The aim of the report was to explain what a presidential impeachment means, how the process works, and what consequences the president could face.

In his interview with reporter Eileen Lehpamer, Professor Sample explained that if the impeachment should reach the final phase of going to the Senate for a trial, “you would need every Democratic senator to vote yes and you would need 20 Republican senators to also vote yes. So the mountain here, if we’re talking here about ultimately a mountain where the president is removed from office by impeachment proceedings, is an extraordinary climb.”

View a video of the report on the News12 Long Island website. (Professor Sample’s interview starts 0:39 into the report.)

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The article “Cryptocurrency Meets Bankruptcy Law: A Call for Creditor Status for Investors in Initial Coin Offerings” by Professors Miriam R. Albert and J. Scott Colesanti, has been accepted for publication in the Georgia State Law Review.

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Professor Fred Klein is delivering the presentation “The Age of Enlightenment: Criminal Discovery in New York State” to the Nassau County Bar Association on Oct. 3.

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Could Donald Trump force US firms out of China? Pretty much
By Jon Greenberg
PolitiFact
Aug. 27, 2019

Excerpt:
The Congressional Research Service, the nonpartisan policy arm of Congress, says that since 1977, presidents had declared national emergencies under the act 54 times against countries including Iran, Myanmar, Russia and more. In 1979, President Jimmy Carter froze the assets of the Iranian government, and then expanded that to block the transfer of all goods, money, or credit destined for Iran.

That second power is key.

“In theory, the President could block all financial and business transactions between those subject to U.S. jurisdiction — U.S. citizens, U.S. residents, and any company operating in the United States — and China,” said Hofstra University law professor Julian Ku. “This would not ‘order’ U.S. companies to leave China, but it would render those investments in China much less valuable economically or completely value-less, which would force U.S. companies to leave China.”

Read the full article on the PolitiFact website.

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The article “A Pluralistic Approach to Mediation Ethics: Delivering on Mediation’s Different Promises” by Robert A. Baruch Bush, the Harry H. Rains Distinguished Professor of Arbitration and Alternative Dispute Settlement Law, has been published in the Ohio State Journal on Dispute Resolution (Vol. 34, 2019: 459).

Professor Bush is a founding fellow and president of the Institute for the Study of Conflict Transformation at the Maurice A. Deane School of Law. The institute is a nonprofit research center devoted to furthering the understanding and practice of mediation and related processes.

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Class of 1983

Lynn Poster-Zimmerman, a Huntington-based attorney, was installed as the 111th president of the Suffolk County Bar Association in June 2019.

Class of 1981

Steven Certilman was invited to membership in the International Arbitration Club of New York. His practice is primarily as a provider of arbitration and mediation services, and he is a member of the American Arbitration Association commercial, M&A, technology, and employment panels, the ICDR (International Center for Dispute Resolution) panel, and many other arbitration and mediation panels worldwide.

Kenneth R. “Kenny” Meiselas, a senior partner at the entertainment and media law firm Grubman Shire Meiselas & Sacks, was named to Billboard’s 2019 Top Music Lawyers list.

Susan Mills Richmond has been practicing at Legal Aid of Rockland County since 2016. She concentrates in giving access to the legal system to those who would otherwise not be represented, including in the areas of foreclosure and eviction defense, disability, and other representations. She also serves on several mediation and arbitration panels, including as an impartial hearing officer for the New York State Education Department, and is chair of the Education Law, Bankruptcy Law, and Wellness Committees of the Westchester Women’s Bar Association.

Class of 1976

Mark Schnapp joined Baker, Donelson, Bearman, Caldwell & Berkowitz in July 2019 as special counsel in the firm’s Fort Lauderdale, Fla., office. He is focusing his practice on government enforcement, internal investigations, and helping companies defend themselves in government investigations.

Class of 1974

Hon. John M. Czygier, Jr. joined Lewis Johs Avallone Aviles as senior counsel in July 2019 following his retirement as the Judge of the Surrogate’s Court of Suffolk County.

In Memoriam

Dari Schwartz ’84
Barbara Barth Feldman ’89
Jennifer Waller McNamara ’89
Kirk Pietruszkiewicz ’15

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