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The Legality of Potential U.S. Takeover of Gaza

Hofstra Law Professor James Sample appeared on CBS News New York to discuss the legality of a potential United States takeover of Gaza.

President Trump’s Quick Executive Order Actions

Hofstra Law Professor James Sample discussed the quick pace of President Donald Trump’s executive order actions in the Newsday article “Legal observers say President Donald Trump’s quick pace could be an advantage.” Democratic state attorneys general and legal advocacy groups have said more lawsuits are on the way as they push back against Trump’s directives. But unlike his first term when he was a Washington novice surrounded by a revolving door of competing advisers, this term he is surrounded by longtime loyalists, who have been publicly anticipating the legal battles to come. “I think the strategy here is to flood the zone with orders and actions, knowing that it will be difficult, if not impossible, for opponents of his policies to stop them all,” said James Sample, a constitutional law professor at Hofstra Law School.

Legal Troubles Persist for Some Trump Allies

Constitutional Law Professor James Sample was interviewed by The Washington Post about the continued legal challenges faced by allies of Donald Trump who spread falsehoods and tried to reverse his 2020 presidential loss. “It’s almost like the very top of the food chain is going to go and get off without consequence. And the very bottom of the food chain – those who actually engaged in the day-of kind of activities – are going to be pardoned,” said Professor Sample. “But the folks who were in a sense the field leaders … seem to be the ones who are going to have the most lasting consequences.”

Biden's Acts of Clemency Raise Awareness of the Power and Embolden Those Seeking a Second Chance, Villanova Law Professor Says

Just before the holiday season, as he entered his final month as President of the United States, Joe Biden announced that he would be granting clemency to roughly 1,500 American citizens. The clemency acts, which included sentence commutations for individuals placed on home confinement during the pandemic and pardons for 39 individuals with non-violent offenses, were touted by the administration as the most ever in a single day in modern history. A month later, on January 17, he commuted the sentences of roughly 2,500 individuals convicted of non-violent drug offenses, shattering December's mark and giving him the most pardons and commutations of any president in United States history. The unprecedented size of the actions has been underscored throughout The White House’s press materials and has headlined most subsequent news coverage. But for Anton Robinson, JD, associate professor of law and director of Villanova’s Caritas Clemency Clinic in the Charles Widger School of Law, the importance of the clemency went far beyond the impressive scale. “Acts like these bring much needed awareness to the clemency process, and to the epidemic of excessive sentencing in United States courtrooms,” Professor Robinson said. “At our clinic, we are already having people call to ask about opportunities for pardons and additional support for their cases.” Public perception of presidential acts of clemency can, at times, be marred by partisan divisiveness. To some, these latest acts were overshadowed by President Biden’s earlier pardon of his son, Hunter, and eyes are already on incoming President Trump regarding how he might handle those charged in relation to the January 6 insurrection. Professor Robinson acknowledges that acts like these can cause people to “rightfully question the power that is being used,” but those are the outliers, not the norms, and steer the conversation away from the root purpose of clemency. “People deserve a second chance,” Professor Robinson said. “There’s a tendency for system actors to focus primarily on the crime committed when considering whether a person’s sentence should be cut short. But many are different people today—sometimes decades later—than they were at the time of the crime’s commission. “There is also no shortage of individuals in prison for whom a charge doesn’t tell the whole story. For example, a young person’s involvement in a crime, while sufficient for a legal conviction, might be weighed differently today, given increasing acceptance of scientific research on the portion of the human brain which controls decision-making, impulse control and executive function. Research shows all of that continues to develop well into adulthood.” Determining who fits the criteria for clemency, Professor Robinson says, is not always easy to do. Collecting records of good behavior that illustrate change while in a carceral setting is much more difficult than collecting records of bad behavior. That’s why entities like the Caritas Clemency Clinic, in which Villanova Law students work directly on behalf of such clients under Professor Robinson’s guidance, spend so much time talking to anyone who has had a relationship with the incarcerated person. “What we often find is that despite being incarcerated and having very little given opportunity, these individuals make their own opportunities to build community and rich relationships and try their best to contribute to society in a positive way,” Professor Robinson said. A military veteran who helped church members in poor health perform tasks. A nurse who spearheaded COVID vaccination efforts and natural disaster response. A counselor who helps guide youth away from destructive behavior and involvement with gangs. Those are the types of actions Professor Robinson references, all of which were highlighted specifically in the White House’s fact sheet for President Biden's December acts, just before the words “The United States is a nation of second chances.” “I'm hoping that these large acts of clemency encourage folks to think, ‘Hey, what about my loved one? What about me? I am a completely different person than I was 20 years ago, what can I do to try to secure my freedom and my ability to live the life that I've missed out on?’” Professor Robinson said. “It really is a great opportunity to remind ourselves that people are far better than the worst things that they've ever done, and that we have an opportunity to acknowledge that as a society and to encourage more of this action, both on a federal and state level.”

Congestion Pricing Legal Gray Area

Hofstra Law Professor James Sample appeared on CBS News New York to give a legal analysis of the recent New York congestion pricing ruling.

A look at raw milk's health risks and potential benefits as Trump administration hints at law changes

More than half of U.S. states allow the sale of raw milk directly from farms to consumers, a number that would likely increase if Robert F. Kennedy Jr. – a raw milk advocate – is confirmed to lead the Department of Health and Human Services (DHHS). Kali Kniel, a professor of microbial food safety at the University of Delaware, can discuss the dangers and potential benefits of drinking raw milk. Some have celebrated the legalization of raw milk around the country, claiming it tastes better and has some nutritional benefits. Meanwhile, the U.S. Food and Drug Administration, one of the DHHS agencies Kennedy would lead, cautions against drinking raw milk, which comes directly from cows, sheep or goats and has been banned from being sold across state lines since the 1980s. Concerns regarding raw milk have been elevated as a deadly strain of bird flu is infecting dairy farms around the country. In the following Q&A, Kniel talks about the pathogens that may be present in raw milk, ways to communicate food safety to the public and other topics. Milk and other dairy products that sit on shelves at the grocery store are pasteurized. What does this process involve and why is it important for dairy products? Pasteurization of milk is a process of heating milk and passing it between heated stainless steel plates until it reaches 161 degrees Fahrenheit. It is held at that temperature for around 15 seconds before it is quickly cooled to 39 degrees Fahrenheit. This process is intended to kill the pathogenic bacteria that could make a person sick. How does this process affect milk’s quality and nutritional value? Scientific studies have shown that pasteurization does not significantly change the nutritional value of milk. Unpasteurized milk may have more vitamin C, which does not survive the pasteurization process, but milk is not considered a good source of vitamin C, as it contains less than 10% of the Recommended Dietary Allowance (RDA), the average amount of nutrients it takes to meet a healthy person’s needs. There are no beneficial bacteria in raw milk. Milk (pasteurized or raw) is not a good source of probiotic or potentially beneficial bacteria, so for that consumers should choose yogurt and other fermented dairy products as well as other fermented products. Scientific studies using animal models have shown no difference in how calcium in raw milk and pasteurized milk is absorbed by the human body. Popularity in drinking raw milk is increasing, despite the U.S. Food and Drug Administration advising that it’s not safe to drink. What are the health risks that come with drinking raw milk? Raw milk may contain pathogenic bacteria, including Campylobacter, Salmonella, pathogenic types of E. coli, Listeria and Brucella, as well as the protozoan parasite Cryptosporidium. These are all zoonotic microbes, which means they can be transmitted from animals to humans. Often the animal does not appear ill, so it is not possible to determine if an ill animal is shedding these pathogens in its feces that can contaminate milk. Microbial testing of the finished product and environmental monitoring programs may be helpful, but do not guarantee that the raw milk is absent of these pathogens. Milk can be contaminated with these pathogens from direct contamination with feces or from environmental conditions. Cross-contamination from dairy workers can also happen, even when people are trying their best to reduce the risk of cross-contamination. The likelihood of a disease outbreak occurring associated with a person consuming raw milk is relatively high given that others may also be exposed. Unpasteurized milk will have a relatively short shelf life and may not be available for testing. Following good hygiene practices on the farm and during milking such as biosecurity around the farm, appropriately sanitizing equipment and monitoring the health of animals can reduce the chance of milk contamination, but not eliminate it. There have been numerous outbreaks of illness associated with raw milk as well as cheese made from raw milk. Persons most at risk of illness associated with drinking raw milk include children, in particular 5 years of age and under, individuals aged 65 and over, pregnant women and immunocompromised individuals. It should be noted that all outbreaks of illness associated with raw milk have included individuals under 19 years of age. Children may be most vulnerable, as they cannot voice an opinion on consumption and risk of raw milk if it is in their household. The Center for Disease Control and Prevention (CDC) collects data on foodborne disease outbreaks voluntarily reported by state, local or territorial health departments. According to the CDC from 2013 to 2018 there were 75 outbreaks of illness linked to raw milk consumption. These outbreaks include 675 illnesses and 98 hospitalizations. Most of these illnesses were caused by Campylobacter, shiga-toxigenic E. coli, or Salmonella. An increase in outbreaks has been correlated with changes in the availability of raw milk. For example, between 2009 and 2023, there were 25 documented outbreaks in the state of Utah, which has 16 raw milk retailers licensed by the Utah Department of Agriculture and Food. In all of these outbreaks, the raw milk was contaminated with the bacteria Campylobacter, which typically causes gastroenteritis symptoms like diarrhea and nausea, but may also cause chronic illness, including Guillain-Barré syndrome which can cause paralysis. How likely are these illnesses to happen from drinking raw milk? It is difficult to say. Foodborne illness is often underreported, depending on how severe people’s symptoms are. According to one study, only about 3.2% of the U.S. population drinks raw milk, while about 1.6% eats cheese made from raw milk. But compared with consumers of pasteurized dairy products, they are 840 times more likely to experience an illness and 45 times more likely to be hospitalized. The authors of this work used the CDC’s national reporting system to analyze data from 2009 to 2014. Despite health risks, why do some people still drink raw milk? Some people feel a nostalgic connection to raw milk, and others may feel that foods that are not treated with heat retain certain nutrients and enzymatic activity. I am not aware of any peer-reviewed rigorous scientific studies that indicate the nutritional benefits of consuming raw milk over time, given the risks of potential for illness, combined with a well balanced diet full of healthful food choices. It remains that raw milk is particularly risky for children to consume, as children can get sick from consuming fewer bacterial cells compared to adults. More than 900 cases of highly pathogenic avian influenza — the disease commonly known as bird flu — have been detected in dairy cattle across 16 states, and at least 40 people have been infected with the disease from close contact with dairy cows. Raw milk is being tested for the virus. With raw milk gaining interest among consumers, what are the possible consequences? Does it elevate the risk of bird flu spreading further to people? There remain clear risks of transmission of pathogenic bacteria through consumption of raw milk, and now with the potential for contamination of raw milk with avian influenza, it is even more important that consumers protect themselves by drinking pasteurized milk. The people most at risk right now are those involved with the milking process and in the handling of dairy cattle. So it is important that those individuals be aware of the risks and take appropriate precautions, including hand washing and wearing appropriate personal protective equipment like protective clothing, gloves, face shields and eye protection. As of December, the U.S. Department of Agriculture is requiring 13 states to share raw milk samples so the agency can test for bird flu viruses. How could this testing better help us understand the virus? I think it is very smart that USDA is leading the National Milk Testing Strategy, which will help us understand the extent of infected herds. Surveillance of microorganisms is an important way to assess risk so we can develop appropriate strategies to reduce and control these risks.

President-Elect Trump Receives Unconditional Discharge in Hush Money Case

Professor of Constitutional Law James Sample was interviewed by Courthouse News Service and WCBS-TV about President-elect Donald Trump receiving an unconditional discharge as a symbolic sentence in his “hush money” case in New York City.

Additional Dwelling Units (ADUs)

Summary: In a previous post, I wrote about the need for more creative solutions to the cost of housing.  I also spoke to the housing shortage and the steep downpayment rules we continue to face. At the same time, the need for retirement income and an increased focus on "aging in place" has more and more property owners looking for solutions.  Here, we explore why adding secondary living spaces to their properties, commonly referred to as Additional Dwelling Units (ADUs), is something you may want to consider. What Are ADUs? ADUs are fully equipped residential units situated on the same lot as a single-family home. They offer a distinct and private living arrangement while maintaining proximity to the main house. These living spaces may be integrated into the primary residence—such as a transformed garage or basement—or exist as independent structures, including small cottages or apartments. Why ADUs Are Gaining in Popularity ADUs can fulfill a broad range of needs, from accommodating aging relatives or adult children to creating a valuable source of rental income for homeowners. This income could assist seniors with cash flow and substantially boost their property's overall value. But is an ADU right for you? Before answering this, let's first take a brief look at their advantages and the rules and regulations governing the conversion or construction of such structures. Types of ADUs ADUs encompass a variety of secondary suites or dwelling units, primarily categorized as attached, detached, and semi-detached structures. Attached ADUs arise when homeowners convert existing spaces, such as basements, into livable areas. In contrast, detached ADUs consist of separate structures built apart from the principal residence. Laneway Houses / Laneway Suites: These small, detached units are constructed in the backyard or along the laneways of existing properties, maximizing the use of available space. Garden Suites: Similar to laneway houses, garden suites are secondary residences in the primary home's backyard. They offer self-sufficient living environments and are increasingly favoured for boosting housing density in urban settings while preserving the character of residential neighbourhoods. Basement Apartments: Self-contained living spaces in the basement of a residential property. These usually have a distinct entrance. In-law Units (In-law Suites, In-law Flats) are separate living sections within a single-family home that cater to relatives, providing a comfortable space for parents or in-laws. Detached Garages: These standalone structures are separate from the main house and traditionally store vehicles. They can also serve as storage areas or workshops. Adding a second-story apartment above garages is popular. Parking is premium in cities, and these structures provide the best of both worlds: keeping parking, storage, and adding living quarters above. Carriage Houses and Coach Houses: Originally designed as outbuildings on larger estates to store horse-drawn carriages, carriage houses, and coach houses have often been repurposed as living accommodations, guest houses, or rental units while maintaining their historic architecture. The Benefits of ADUs Additional Dwelling Units (ADUs) are indispensable in alleviating housing shortages and addressing affordability challenges within various communities. They also offer a wide range of personal and economic advantages for homeowners and tenants searching for budget-friendly rental options. Some key benefits include: An Aging-in-Place Option for Seniors: ADUs can allow elderly relatives to stay in their community and maintain an important sense of connection with neighbours, friends, and family. Rental Income: Homeowners can establish a dependable revenue stream with an ADU. These units represent a highly appealing affordable housing alternative. Accommodation for Adult Children: An ADU can provide temporary living arrangements to adult children who may not be able to buy into the housing market or who want to be closer to their aging parents. Dedicated Office/Creative Space: With more people working from home part-time or going entirely virtual, ADU can provide a more professional and comfortable work environment But There's Another Payoff for ADUs Beyond these apparent benefits, I'm also struck by how ADUs can help us cultivate a stronger sense of community and intergenerational connection. Let me unpack this more and list some unique attributes of ADUs that make them so vital to our housing strategy: Affordability: ADUs can also be more affordable than standalone houses, making them increasingly attractive for individuals or small families looking for budget-conscious living options. Connection: ADUs are much closer to the primary residence. This allows younger renters to forge more meaningful relationships and interactions with their homeowners (many of whom are seniors). Equity: For renters who want to move beyond an apartment or condo but lack the financial means, ADUs could present a great alternative. They also provide a unique way to give renters access to neighbourhoods where housing availability is a challenge. For young families, renting an ADU could allow them to place their children in better schools that require residency in the school district. Support: As we age, we are more likely to need help maintaining our homes. For example, help with yard work and snow removal could be traded for reduced rent.  There is much to be said about the comfort and safety of having someone live a few steps away for our older generation.  ADUs are a Key Part of the Government's Housing Strategy The Federal Government just announced the expansion of the Canada Secondary Suite Loan Program. Here's what you need to know: The loan amount has been increased to $80,000, and it has a 2% interest rate and a 15-year repayment term.  In addition to the Secondary Suite Loan Program, homeowners can refinance with insured mortgages to help cover the cost of adding a secondary suite, starting January 15, 2025. Lenders and insurers will begin allowing mortgage refinancing of up to 90 percent of the post-renovation value of their home up to $2 million, amortized for up to 30 years. Homeowners can use this loan program and mortgage financing to help cover the cost of adding a secondary suite. These developments should get us all thinking more about the possibilities of ADUs. The benefits for many people and the clear intergenerational win-win exchanges are compelling. Given the impact they could yield for seniors in unlocking the value of their home equity and the compelling social benefits they offer for communities, I'll be exploring ADUs in much more detail over the coming year. Stay tuned. Don’t Retire … Re-Wire! Sue

Dropping Federal Charges Against Trump “A Loss for the Rule of Law”

The CNN story, “Trump’s evasion of January 6 accountability will echo for next four years and generations to come,” features an interview with Professor of Constitutional Law James Sample. The piece focuses on special counsel Jack Smith’s motions to drop federal charges against President-elect Donald Trump for mishandling of classified documents and efforts to overturn the 2020 presidential election. The dropping of the charges reinforces Trump’s belief that he will have almost unchecked authority when he is sworn in to office in January. “For Donald Trump, his strategy of delay, delay, delay and then win the election to do away with the litigation, proves to be one of the ultimate success stories,” said Professor Sample. “It’s certainly a win in terms of avoiding accountability, which means it is a loss for the rule of law that it took so long to bring these cases to trial that they never in fact got to trial before the election.”

What’s Next in the Trump Hush Money Case?

Professor of Constitutional Law James Sample talked to WCBS-TV regarding the matter of President-elect Donald Trump’s hush money case. Manhattan district attorney Alvin Bragg told the court that his office would be open to a four-year freeze on Trump’s sentencing while maintaining that it would continue to back the jury’s guilty verdict in the case. “If Judge [Juan] Merchan delays sentencing until after Mr. Trump’s term of office, that would be prudent and sensible under the indisputably extraordinary circumstances. But a delay in sentencing is not, nor should it be perceived to be, a prelude to a dismissal,” Professor Sample said.