Digital Commons Network^™

Front Matter

Hofstra Law Review

No abstract provided.

The Adolescent Mental Health Crisis: A Case Study In Family Court Planning, Andrew Schepard

Hofstra Law Review

The article focuses on addressing the adolescent mental health crisis within the framework of family court planning, particularly in the context of parental separation and divorce. It emphasizes the need for comprehensive planning processes within family courts to integrate Family Dispute Resolution (FDR) as a central strategy for tackling this crisis effectively. It seeks to enhance mental health services for adolescents involved in family court proceedings.

Controlling Buyer And Seller Power: Reviving Enforcement Of The Robinson-Patman Act, Daniel A. Hanley

Hofstra Law Review

The Robinson-Patman Act (“RPA”) is a federal law enacted in 1936. Congress’s goal in drafting this historic legislation was to protect and promote democracy and individual liberty in the United States by supporting the creation and vitality of small and independent businesses, thereby distributing power and opportunity within the U.S. political economy.This Article provides a robust defense of Congress’s goals and intentions in enacting the RPA as well as a detailed history of how the Act benefited American society when it was vigorously enforced. It concludes with thoughts on how the RPA can be used to revitalize today’s economy, thus …

Does The Federal Budget Trump Constitutional Rights, Laura Snyder

Hofstra Law Review

Even though most Americans living outside the United States do not owe U.S. federal income tax, the U.S. nationality-based income tax system nevertheless places considerable burdens on them. In doing so, the system violates Fourteenth Amendment equal protection as well as other constitutional and human rights. The purpose of the system is not to raise revenue. Instead, its purpose is to punish and scapegoat American nationals living outside the United States, for no reason other than the fact that they live outside the United States. This is evidenced by the statements and actions of policymakers as well as by Internal …

All Bark, No Bite: How The Lone Star "Junk-Science Writ" Could Reinvigorate Federal Habeas Review, Robert Harry Saylor Iii

Hofstra Law Review

No abstract provided.

Daca's Major Questions Exception, Matthew Calabrese

Hofstra Law Review

The Supreme Court has extracted a new role as the gatekeeper of administrative action under the major questions doctrine. Underlying the doctrine is an understanding that agencies cannot act to address policy issues implicating questions of great political and economic significance unless specifically authorized by Congress. However, DACA presents a different question that should be exempted from the major questions doctrine. This is because DACA relies on two levels of executive authority: statutory—under the Immigration and Nationality Act and the Homeland Security Act—and constitutional—under the Take Care Clause. Because, as this Article explains, the two authorities cannot be disentangled, courts …

Taking Back The Bar: The Need For State Legislation Directed At Addressing The Disparate Impact Of The Bar Exam And Holding The Ncbe Accountable, Alexa Cibellis

Hofstra Law Review

No abstract provided.

The Rule Is A Mess, So It Needs Amendments: Reexamining And Revising The Religious Exemption Of The Copyright Act, Toniann Pasqueralle Sheridan

Hofstra Law Review

No abstract provided.

Leveling The Playing Field: Addressing The Crisis In Indigent Defense Through Resource Parity, Evan Itzkowitz

Hofstra Law Student Works

No abstract provided.

Use Of Artificial Intelligence-Based Tools By Lawyers In Criminal Advocacy, Jamie Bernstein

Hofstra Law Student Works

No abstract provided.

I Called For Help, And No One Answered: How Government Attorneys Still Lack Ethical Protection In Whistleblowing Loyalist-Adversarial Political Prosecutions, Robert Harry Saylor Iii

Hofstra Law Student Works

No abstract provided.

The Role Of Leniency Offers In Correcting Wrongful Convictions, Lee Ann Masters

Hofstra Law Student Works

No abstract provided.

Front Matter

Hofstra Law Review

No abstract provided.

Introduction: Accountability And The Future Of The Supreme Court, Theo Liebmann

Hofstra Law Review

No abstract provided.

The Role Of Congress In Enforcing Supreme Court Ethics, Jennifer Ahearn, Michael Milov-Cordova

Hofstra Law Review

The article focuses on the constitutional authority of Congress to regulate the ethical conduct of Supreme Court Justices. It explores historical precedents, constitutional limitations, and proposed mechanisms for enforcement, emphasizing the importance of transparency and public trust in maintaining the integrity of the judiciary.

The Supreme Court And The Limits Of Human Impartiality, James J. Sample

Hofstra Law Review

The article delves into the systemic shortcomings within the realm of Supreme Court judicial ethics, underscoring the necessity for a comprehensive code of conduct complemented by robust enforcement measures. It elucidates how the erosion of public trust and the legitimacy of the Court stem from these deficiencies. It emphasizes the imperative of preserving the perception of impartiality, the discussion transcends partisan divides.

Recency Bias And The Supreme Court: The Problem Is The Institution, Not The People Who Sit On It, Eric J. Segall

Hofstra Law Review

The article explores the widespread apprehension, particularly among the political left, regarding the current conservative majority on the Supreme Court. It highlights the Court's recent decisions, which have had significant implications for various issues such as reproductive rights, gun control, affirmative action, and the power of the administrative state. It argues that the focus should be on the institution itself rather than the individuals who occupy it.

Americans And The Court: How Public Outcry Has Influenced The Court To Address Judicial Ethics Crises, Brie Sparkman Binder, Debra Perlin

Hofstra Law Review

The article focuses on the historical development and contemporary challenges of judicial ethics, particularly within the context of the U.S. Supreme Court. It examines the impact of public outcry on prompting ethical reforms and analyzes recent initiatives aimed at addressing ethical lapses within the judiciary. It underscores the ongoing need for effective ethical oversight and accountability mechanisms within the highest echelons of the American legal system.

The Underappreciated Virtues Of The Supreme Court's Ethics Code, Louis J. Virelli Iii

Hofstra Law Review

The article explores the historical context and contemporary implications of the bar exam as a gateway to the legal profession in the U.S. It highlights the discriminatory roots of the bar exam, which was historically used as a tool of exclusion, particularly targeting people of color and immigrants seeking to enter the legal profession.

Repeal, Replace And Expose: A Case Study And Call For Public Records Transparency With Police Records In New York, Roy S. Gutterman

Hofstra Law Review

The article focuses on the importance of transparency in police misconduct records, particularly in the wake of New York's repeal of Civil Rights Law section 50-a, which previously shielded these records from public scrutiny. It examines the legislative and judicial efforts to unlock these records, the challenges posed by municipal and police union resistance, and underscores the crucial role of the media in promoting public awareness and accountability in policing.

The Quest To Quell The Let's Play Controversy: A Strategy Guide On Resolving Tensions Between Developers And Gamers, Gina Aliberti

Hofstra Law Review

The article focuses on the complex and often contentious relationship between content creators who produce Let's Play videos and the video game developers who own the rights to the games being played. It highlights the challenges creators face due to YouTube's automated Content ID system, which frequently flags and removes videos for alleged copyright violations, and the lack of clear legal guidelines governing the fair use of video game content.

Mom's Social Media Account Featuring Her Kids: New York's Amended Coogan Act Exemplifies The Method To Regulate Parental Exploitation, Maggioni C. Casseus

Hofstra Law Review

The article focuses on the need for legislative updates to protect child social media influencers from financial exploitation by their parents, using New York's amended Coogan Act as a model. It highlights the inadequacies of current laws that fail to cover the unique circumstances of social media child stars and advocates for amendments that would ensure parents are held accountable and children's earnings are safeguarded.

Missing The Mark: How Miranda Fails To Consider A Minor's Mind, Julia Feron

Hofstra Law Review

The article focuses on the inadequacies of the Miranda rights protections for minors during custodial interrogations. It highlights how current practices, such as deceptive interrogation techniques, disproportionately affect minors who often lack the capacity to fully understand or voluntarily waive their rights. It underscores the need for legal reforms, such as mandating attorney consultation for minors before waiving their rights.

The Unknown Drug Dealers In The Nhl: Nhl Players, Drug Addiction, And The Need For Regulation Of Prescriptive Drug Use In The Nhl, Keith O'Brien

Hofstra Law Review

The article examines the pervasive issue of painkiller addiction among NHL (National Hockey League) players, which is exacerbated by a league culture that valorizes playing through injuries. It highlights the shortcomings of the current Collective Bargaining Agreement (CBA) in managing and regulating prescription drug use, alongside the inadequate oversight and accountability from the NHL and regulatory bodies like OSHA (Occupational Safety & Health Administration).

Caging The Bored Ape: How The Ftc's Expanded Anti-Monopoly Authority Can Tame "Nfts" For Web 3.0, J. Scott Colesanti

Hofstra Law Faculty Scholarship

Non-Fungible Tokens, or "NFTs," ballooned into a 40-billion-dollar industry in under a decade. Their creators include artists, corporations, entrepreneurs, fraudsters--and even Donald Trump. While NFT owners and traders could be any of us, the parties running the marketplaces are hidden. NFT regulators have yet to be identified. Most alarmingly, the dominant NFT marketplaces are dangerously centralized. Accordingly, the publicized tales of exorbitant or manipulated NFT prices and frequent related scams abound. Meanwhile cryptocurrency--the technology enabling the life of an NFT--remains beset with, at best, theoretical models for effective regulation a full generation after its emergence. To propose a rational start …

The Modern Way To Write A Statute Is To Tell A Story, Richard K. Neumann Jr.

Hofstra Law Faculty Scholarship

Except for the United States, the English-speaking world has been moving toward writing statutes as stories with characters and plot tensions. British statutes are the most advanced in this respect.

To illustrate the British method, the key statutes in the Mar-a-Lago Indictment are redrafted in this article to resemble the form they would take if recently enacted by Parliament. l compare the statutes and the redrafts side-by-side. And I do the same thing with two sections of the Electoral Count Act, which governs what Congress does on every January 6 following a presidential election year.

The article explains how the …

Intersectionality Matters In Food And Drug Law, Colleen Campbell

Hofstra Law Faculty Scholarship

Feminist scholars critique food and drug law as a site of gender bias and regulatory neglect. The historical exclusion of women from clinical trials by the FDA prioritized male bodies as the object of clinical research and therapies. Likewise, the FDA’s prior restriction on access to contraceptive birth control illustrates how patriarchal and paternalistic attitudes within the Agency can harm women’s reproductive health. However, there is little analysis of how race and gender intersect in this domain.

This Article uses the regulation of skin-lightening cosmetics products to illustrate why and how intersectionality matters in food and drug law. While the …

The Repeal Of Religious Accommodations – A Constitutional Analysis, Ronald J. Colombo

Hofstra Law Faculty Scholarship

Under modern Supreme Court jurisprudence, the First Amendment ordinarily imposes no heightened standard of review upon neutral laws of general applicability that coincidentally burden the free exercise of religion. To relieve or minimize this burden, however, lawmakers are generally free to promulgate exemptions from or accommodations to such laws for the benefit of religious adherents. Such exemptions and accommodations are common.

When a law is not neutral with respect to religion, or when the law is not generally applicable, then it will be subject to the exacting test of strict scrutiny to the extent that it burdens the free exercise …

Virtual Gaming, Actual Damage: Video Game Design That Intentionally And Successfully Addicts Users Constitutes Civil Battery, Allison Caffarone

Hofstra Law Faculty Scholarship

In recent years, there has been increased academic interest in both the neurological effects of compulsive gaming and the potential tort liability of game developers who scientifically engineer games in order to addict users. Scholars from various disciplines are currently debating the scope and potential solutions to the problems associated with Gaming Disorder, now a globally recognized illness. This article contributes to this discussion by offering a multidisciplinary analysis of the scope of video game addiction, its neurological bases, and its relation to the legal rights and responsibilities of victims and game developers. In addition, this article explores the practical …

Duties Regarding Duties, Ronald J. Colombo

Hofstra Law Faculty Scholarship

No abstract provided.