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.
Professor Theo Liebmann’s Youth Advocacy Clinic represented three minors from El Salvador who had been living in the United States without lawful immigration status and were at risk of deportation.
Clinic students Erika Ewing and Lauren Wylie argued on papers and in court that our clients’ mother should be appointed as their legal guardian, but the Nassau County Family Court denied their request without a full hearing.
The Second Department overturned the Family Court decision, thanks primarily to the detailed and thorough record that Ewing and Wylie had made, and remanded the case for hearing.
This is obviously a life-changing decision for the clients, but, more broadly, the decision firmly clarifies that children who are seeking lawful immigration status as a special immigrant juvenile can petition to have their own parents appointed as their guardians. That question had been widely debated in New York Family Courts.
The case was reported by the New York Law Journal on February 10, 2014, and was accompanied by an article that same day.
On February 28, 2014, Susan Fortney, the Howard Lichtenstein Distinguished Professor of Legal Ethics, will be speaking at the St. Mary’s Law School Symposium on Legal Ethics and Malpractice.
She will discuss proactive regulation of lawyers and how U.S. jurisdictions can take steps to integrate management-based principles into the regulation of law firms.