Professor Susan Joffe was interviewed in a news story on News 4 New York at 6 on March 6, 2014, concerning a widow who was asked by the MTA to repay more than $26,000 that had been paid to her husband in retirement benefits over several years, due to an error in calculations.
Professor Joffe explained that the pension fund had a fiduciary duty to retrieve any overpayments that were inadvertently paid. While the fund trustees may have some discretion in arranging the repayments in installments, and considering hardship to the individual, its primary duty is to all the participants and beneficiaries of the pension plan.
On February 17, 2014, Professor Irina Manta served as the invited inaugural annual speaker for the University of Houston Law Center Institute for Intellectual Property & Information Law (IPIL) Colloquium.
She presented her paper “Intellectual Property and the Presumption of Innocence” to the faculty.
Professor Linda Galler was a featured speaker at a program sponsored by the Practising Law Institute on March 10, 2014. The daylong program was entitled “Nuts and Bolts of Tax Penalties 2014: A Primer on the Standards, Procedures and Defenses Relating to Civil and Criminal Tax Penalties.”
Professor Galler’s remarks focused on “Special Rules for Tax Professionals: Return Preparer Penalties and Ethical Standards.” She also contributed a chapter to a book published in connection with the program.
Fordham Law School’s 39th annual Irving R. Kaufman Memorial Moot Court Competition will take place from March 28-30, 2014. The national competition challenges interscholastic teams to argue Securities Law issues before panels of practitioners, professors and jurists.
For the fifth year in a row, Professor Scott Colesanti has been invited to judge the semifinal rounds. This year, the final round shall be judged by Supreme Court Justice Samuel Alito and four Circuit Court judges.
In its securities law decision in Chadbourne & Parke LLP v. Troice, the U.S. Supreme Court (per Justice Breyer) cited approvingly an amicus brief signed by Ronald Colombo, associate dean for academic affairs and professor of law, and other securities law professors.
In the decision, the Court held that the Securities Litigation Uniform Standards Act of 1998 does not preclude state law class action claims.
Professor Susan Joffe served as a judge evaluating briefs for the National Moot Court Competition in Child Welfare & Adoption Law.
The competition is sponsored by the National Center for Adoption Law & Policy, which seeks to improve the law, policies and practices associated with child protection and adoption systems.
Professor Herbie DiFonzo’s new book Intimate Associations: The Law and Culture of American Families (with Ruth C. Stern) was highlighted by the Family Law Prof Blog on February 24, 2014.
Professor Alafair Burke Presents 'Consent Searches and Fourth Amendment Reasonableness' at Denver LawMarch 3rd, 2014
Professor Alafair Burke presented a draft of her article “Consent Searches and Fourth Amendment Reasonableness” at the University of Denver Sturm College of Law.
In the article, Professor Burke argues that the Supreme Court’s emphasis on the reasonableness of police tactics in gaining consent and the reasonableness of the person giving consent has lost sight of the usual touchstone of Fourth Amendment reasonableness: a balancing of the government’s interests in searching and the effect on individual liberty and privacy.
She further argues that, as currently defined, the consent search doctrine does not reflect Fourth Amendment reasonableness.
To make consent searches more reflective of governmental interests, and to mitigate their costs to privacy, she maintains that courts should look not only at the voluntariness of the consent and the level of coercion used to obtain it, but also the reasonableness of the request for consent to search itself.
An examination of the request’s reasonableness would include a look at the government’s reasons for requesting consent and the scope of the consent requested.
Hofstra Law Reform Advocacy Clinic’s Success in Anti-Discrimination Lawsuit Featured on Al Jazeera AmericaFebruary 21st, 2014
Professor Stefan Krieger, the director of the Hofstra Law Reform Advocacy Clinic, was featured in an Al Jazeera America report that aired on February 8, 2014. The report dealt with the precedent-setting settlement of a nine-year-old anti-discrimination lawsuit that Professor Krieger and Maurice A. Deane School of Law students secured on behalf of nine Latino residents of Farmingdale, New York.