Digital Commons Network^™

Interpreting Searches Of Pretrial Releases Through The Lens Of The Fourth Amendment Special Needs Exception, Melissa Weiss

Hofstra Law Review

No abstract provided.

Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle

Hofstra Law Review

A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers' ethical obligations. Advocates of client-centered approaches put lawyers' duty to the client first. Justice-centered theorists critique the elevation of the client's interests over other important concerns lawyers affect through the work they do on behalf of clients. Scholars who adopt justice-centered approaches argue that lawyers' ethical obligations should be analyzed with a paramount focus on achieving justice.

Legal ethicists often view these two approaches as inconsistent with each other, but I argue in this Article that they are not necessarily so. Building on …

A Cautionary Tale: Fiduciary Breach As Legal Malpractice, Charles W. Wolfram

Hofstra Law Review

No abstract provided.

Contract Formalism, Scientism, And The M-Word: A Comment On Professor Movsesian's Under-Theorization Thesis, Jeffrey M. Lipshaw

Hofstra Law Review

In two recent essays, Professor Mark L. Movsesian has suggested that a significant difference between the classical formalism of Williston and the formalism of contemporary contracts scholars is the extent to which the earlier work was under-theorized. I want to suggest an area in which there is a consistency to the under-theorization between the classical and the modern contract formalists: the extent to which theorization in anything that approaches metaphysics is, and has been, consistently anathema. Modern theorizing is overwhelmingly of a particular form: dispassionate social science inquiry into how we tick, rarely questioned but implicit norms shaped solely around …

Front Matter

Hofstra Law Review

No abstract provided.

You Can't Choose Your Parents: Why Children Raised By Same-Sex Couples Are Entitled To Inheritance Rights From Both Their Parents, Carissa R. Trast

Hofstra Law Review

No abstract provided.

You Are Living In A Gold Rush, Richard Delgado

Hofstra Law Review

This article argues that our times, characterized as they are by dreams of vast wealth, environmental destruction, and growing social inequality, resemble nothing so much as earlier get-rich-quick periods like the Gilded Age and the California gold rush.

I put forward a number of parallels between those earlier periods and now, and suggest that the current fever is likely to end soon. This will come as a relief to those of you who, like me, deplore the regressive social policies, bellicose foreign relations, and coarsening of public taste that we have been living through-even if some of our more libertarian …

Conflicts Of Interest In The Drug Industry's Relationship With The Government, Merrill Goozner

Hofstra Law Review

No abstract provided.

Counseling Organizational Clients"Within The Bounds Of The Law", Roger C. Cramton

Hofstra Law Review

No abstract provided.

Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell

Hofstra Law Review

No abstract provided.

Front Matter

Hofstra Law Review

No abstract provided.

Asylum And Oral Argument: The Judiciary In Immigration And The Second Circuit Non-Argument Calendar, Erick Rivero

Hofstra Law Review

No abstract provided.

Reading Back, Reading Black, I. Bennett Capers

Hofstra Law Review

This essay builds on post-colonial theory and black literary theory to pose a pair of questions. If the reading of Western literature can be enriched by examining the great canonical texts through the lens of race, can a similar enrichment obtain from using a similar reading practice to read the law? Stanley Fish has argued that we each belong to interpretive communities, and that members of these communities are guided in their readings of texts by a common consciousness, which produces interpretive "strategies [that] exist prior to the act of reading and therefore determine the shape of what is read." …

To Attain "The Just Rewards Of So Much Struggle": Local-Resident Equity Participation In Urban Revitalization, Barbara L. Bezdek

Hofstra Law Review

Annually, Americans pour out their sympathy for people displaced from their communities by natural disasters such as fires, floods, and hurricanes. We respond, knowing the anchor that the concept of "home" supplies to body, soul, and family; we intuit the toll exacted by the loss of familiar walls, private homes and community-shared places. Yet, redevelopment policy and practice in the U.S. today relies upon the massive relocation of poor people and the destruction of poor people's neighborhoods with only token recognition of the costs and burdens imposed on the displaced. Although the devastation of community, family, and lives is just …

The Consequences Of Arbitrating A Legal Malpractice Claim: Rebuilding Faith In The Legal Profession, Louis A. Russo

Hofstra Law Review

No abstract provided.

Lawyers' Ethics In An Adversary System - Foreword: Like Gravity, Roy D. Simon

Hofstra Law Review

The adversary system, like gravity, affects us all. We cannot escape it. The adversary system, and the ethical standards of the lawyers who operate within the adversary system, therefore warrant continual study. ...

This issue collects nearly all of the papers delivered at the conference. Of equal interest, each paper is followed by a transcript of the fascinating exchanges that occurred between the speaker and members of the audience during a lengthy question and answer session after each speech.

A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman

Hofstra Law Review

No abstract provided.

End Matter

Hofstra Law Review

No abstract provided.

The State Action Doctrine And The Principle Of Democratic Choice, Wilson R. Huhn

Hofstra Law Review

The Supreme Court has badly misread the purpose of the state action doctrine. The Supreme Court has failed to recognize that the fundamental value that is served by the state action doctrine is not "individual freedom" but rather "democratic choice." As a result the Court has narrowly construed the concept of state action, and has underestimated the necessity of applying constitutional norms to the exercise of combined private and state power. The Supreme Court has also misconstrued the distinction between state action and state inaction. Once protective laws have been enacted through the democratic process state action exists, and constitutional …

The Constitutional Rights Of Non-Custodial Parents, David D. Meyer

Hofstra Law Review

No abstract provided.

Direct-To-Consumer Advertising And Pharmaceutical Ethics: The Case Of Vioxx, Ronald M. Green

Hofstra Law Review

No abstract provided.

Front Matter

Hofstra Law Review

No abstract provided.

The Triage Trilemma, Steven Lubet

Hofstra Law Review

No abstract provided.

Legal Ethics And The Constitution, Alan Dershowitz

Hofstra Law Review

No abstract provided.

In Praise Of Overzealous Representation - Lying To Judges, Deceiving Third Parties, And Other Ethical Conduct, Monroe H. Freedman

Hofstra Law Review

Three ethical rules are both clear and highly desirable - MR 3.3(a)(1), which forbids a lawyer to make a false statement of fact to a tribunal; MR 4.1(a), which forbids a lawyer to make a false statement of material fact to a third person; and MR 8.4(c), which proscribes conductinvolving dishonesty, fraud, deceit, or misrepresentation.

Nevertheless, by considering the larger legal context of the lawyer's role, by understanding inconsistent ethical rules in the light of reason, and by applying insights of moral philosophy, this article concludes that there are circumstances in which a lawyer can ethically make a false statement …

A Grand Slam Of Professional Irresponsibility And Judicial Disregard, Stephen A. Saltzburg

Hofstra Law Review

Many examples of bad lawyering and indifferent judicial responses to bad lawyering concern those who seek to raise the standards of professional conduct and assure adequate legal representation for all clients. This article discusses one case (a death penalty prosecution of William Charles Payton for rape, murder and attempted murder in 1981) to illustrate just how poor the performance of lawyers can be and how largely indifferent judges often are to such performances. With the defendant's life on the line, it appears that none of the legally trained professionals at trial did what professional standards required of them. The prosecutor …

Monroe Freedman's Solution To The Criminal Defense Lawyer's Trilemma Is Wrong As A Matter Of Policy And Constitutional Law, Stephen Gillers

Hofstra Law Review

No abstract provided.

The Corporate Lawyer And 'The Perjury Trilemma', Thomas D. Morgan

Hofstra Law Review

This paper extends Monroe Freedman's idea of the criminal lawyer's "perjury trilemma" to current issues faced by corporate lawyers dealing with perceived pressures on the attorney-client privilege. The duties of criminal defense and corporate lawyers are more similar than they often seem. Corporate lawyers' duties of honesty in dealing with third parties are closely analogous to criminal lawyers' duties of honesty in dealing with a court. Both sets of lawyers also have an important interest in fostering open communications with their clients. Where their situations differ is not with respect to lawyer obligations but with respect to their clients' rights. …

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Hofstra Law Review

Monroe Freedman is well known as a proponent of the "standard conception" of legal ethics - that is, that a lawyer cannot be criticized in moral terms for actions taken in a representative capacity. Surprisingly, however, Freedman has argued that client selection is a decision for which a lawyer may be required to provide a justification in ordinary moral terms. This apparent inconsistency reveals a conceptual distinction in normative ethical theory, which is often blurred, between justifying a practice (in this case, the legal system or some specialized practice such as criminal defense) and justifying an action falling within the …

Secret Evidence Is Slowly Eroding The Adversary System: Cipa And Fisa In The Courts, Ellen Yaroshefsky

Hofstra Law Review

No abstract provided.