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Articles 1 - 30 of 339
Full-Text Articles in Entire DC Network
All Bark, No Bite: How The Lone Star "Junk-Science Writ" Could Reinvigorate Federal Habeas Review, Robert Harry Saylor Iii
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.
Terrible Freedom, Ambiguous Authenticity, And The Pragmatism Of The Endangered: Why Free Speech In Law School Gets Complicated, Len Niehoff
Hofstra Law Review
The article explores the complexities surrounding free speech in law schools, highlighting the challenges and controversies that arise in relation to guest speakers, student protests, student group agendas, faculty expression, and speech on student listservs. The author argues that understanding the dynamics of free speech in law schools requires considering factors such as the nature of private law schools, the suspension of authenticity, and the diverse life experiences of students.
Standing Back And Standing Down: Citizen Non-Cooperation And Police Non-Intervention As Causes Of Justice Failures And Crime, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne
Standing Back And Standing Down: Citizen Non-Cooperation And Police Non-Intervention As Causes Of Justice Failures And Crime, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne
Hofstra Law Review
The article discusses the failures of the American justice system to find and punish offenders for the majority of serious crimes. It highlight the low clearance and conviction rates for crimes such as murder, rape, and assault. It further argues that these failures of justice have practical consequences on crime rates and also disproportionately affect racial minorities and low-income communities.
Textualism's Immigration Problem: Stabilizing Interpretive Rules On Noncitizens' Rights And Remedies, Peter Margulies
Textualism's Immigration Problem: Stabilizing Interpretive Rules On Noncitizens' Rights And Remedies, Peter Margulies
Hofstra Law Review
The article focuses on textualism immigration problem as the U.S. Supreme Court has applied textualist methodology in immigration cases and misread the Immigration and Nationality Act (INA). It mentions application of linguistic canons occurs in a comparative, probabilistic assessment to resolve conflicts and analysis of statutory interpretation generally and immigration law in particular. It also mentions discusses inconsistencies in multi-member tribunals, such as appellate courts.
Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean D. O'Brien, Quinn C. O'Brien, Dana Cook
Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean D. O'Brien, Quinn C. O'Brien, Dana Cook
Hofstra Law Review
The article focuses on professional standards for investigative interviews, the social science supporting the in-person, face-to-face interview standard. It mentions standards that apply to capital mitigation work, the problems created by remote witness interviews are not unique to death penalty work. It also mentions police officers, social workers, parole officers, and defense investigators knock on doors and mental health experts investigated prevailing standards of performance.
Re-Directing The 50-Year-Long War On Drugs In The United States: Safe Injection Sites As The Necessary Weapons, Tessa Ptucha
Re-Directing The 50-Year-Long War On Drugs In The United States: Safe Injection Sites As The Necessary Weapons, Tessa Ptucha
Hofstra Law Review
No abstract provided.
Pennsylvania Lawyers Behaving Badly: Is 8.4(G) A Solution?, Ellen Brotman, Amy Coco
Pennsylvania Lawyers Behaving Badly: Is 8.4(G) A Solution?, Ellen Brotman, Amy Coco
Hofstra Law Review
The article focuses on American Bar Association (ABA) adopted Model Rule of Professional Conduct 8.4(g), broadening the definition of attorney misconduct. It mentions affirmative rules or comments to Rule 8.4(d)2 that already reflected these values, few states defined attorney misconduct to include discrimination and sexual harassment. It also mentions Greenberg v. Haggerty, a federal court declared that the rule violated the First Amendment.
The Final Act: Deportation By Ice Air, Deborah M. Weissman, Angelina Godoy, Havan M. Clark
The Final Act: Deportation By Ice Air, Deborah M. Weissman, Angelina Godoy, Havan M. Clark
Hofstra Law Review
No abstract provided.
The Case For Abolishing Absolute Prosecutorial Immunity On Equal Protection Grounds, Samantha M. Caspar, Artem M. Joukov
The Case For Abolishing Absolute Prosecutorial Immunity On Equal Protection Grounds, Samantha M. Caspar, Artem M. Joukov
Hofstra Law Review
No abstract provided.
Super-Dissenters, Nicholas L. Georgakopoulos
Super-Dissenters, Nicholas L. Georgakopoulos
Hofstra Law Review
An overview of adjudication by the Supreme Court reveals three phenomena. In the 1976 term, unanimous decisions switch from being decidedly liberal to even, and in 1990, they switch to greater frequency. Also, during the 1970s and 1980s, the Supreme Court displays greater complexity of coalition formation. The departures of Justice Douglas in the first case, and of Justices Brennan and Marshall in the last two, have explanatory power. A look back at pre-WWII data indicates both changes are in the direction of returning to older patterns.
Lessons From The Present: Three Crises And Their Potential Impact On The Legal Profession, Raymond H. Brescia
Lessons From The Present: Three Crises And Their Potential Impact On The Legal Profession, Raymond H. Brescia
Hofstra Law Review
The United States faces three simultaneous crises: a pandemic, a civil-rights reckoning, and a crisis of democracy. The first of these crises has sparked dramatic—though potentially temporary—changes to the practice of law: moving much legal work to remote settings almost overnight, after the profession had largely resisted making such accommodations for decades. The second has sparked an assessment of the extent to which the practice of law and the legal system are both riddled with racism and institutional bias. The third, the crisis of democracy, has lawyers at its center, filing frivolous claims and fomenting an armed insurrection with designs …
Too Many Chips On The Table: A Call For The Bifurcation Of Money And Custody In Divorce, Alexa R. Schwartz
Too Many Chips On The Table: A Call For The Bifurcation Of Money And Custody In Divorce, Alexa R. Schwartz
Hofstra Law Review
No abstract provided.
Is Demilitarizing Military Justice An Ethical Imperative For Congress, The Courts, And The Commander-In-Chief?, Dan Maurer
Hofstra Law Review
This symposium introduction to ethics in military justice highlights that professional responsibility norms, expectations, and problems impact and imperial this discipline just as they do in any other criminal justice system. But in such a dizzyingly specialized criminal justice schema, the problems and perils of legal ethics and professional responsibility are both heightened and clouded by their seemingly difficult remoteness. Because the context of military justice implicates -- to various degrees -- national security, and not just individual cases and individual parties, special attention is owed in several critical areas. Political interference in military prosecutions has a long history, and …
Court-Martial Sentences: Time For More Transparency, Christopher E. Martin, Timothy P. Hayes Jr.
Court-Martial Sentences: Time For More Transparency, Christopher E. Martin, Timothy P. Hayes Jr.
Hofstra Law Review
No abstract provided.
A House Divided: The Unique Ethical Dynamic Of Civilian And Military Co-Counsel Relations In Court-Martial Defense, Robert E. Murdough
A House Divided: The Unique Ethical Dynamic Of Civilian And Military Co-Counsel Relations In Court-Martial Defense, Robert E. Murdough
Hofstra Law Review
No abstract provided.
Probable Cause And The Provable Case: Bridging The Ethical Gap That Exists In The Military Justice System, Mitchell M. Suliman
Probable Cause And The Provable Case: Bridging The Ethical Gap That Exists In The Military Justice System, Mitchell M. Suliman
Hofstra Law Review
No abstract provided.
Ordering Injustice: Congress, Command Corruption Of Courts-Martial, And The Constitution, Rachel E. Vanlandingham
Ordering Injustice: Congress, Command Corruption Of Courts-Martial, And The Constitution, Rachel E. Vanlandingham
Hofstra Law Review
No abstract provided.
Stepping Up To The Challenge Of Leadership On Race, Anthony C. Thompson
Stepping Up To The Challenge Of Leadership On Race, Anthony C. Thompson
Hofstra Law Review
No abstract provided.
It's Time To Believe: Resolving The Circuit Split Over The Good-Faith Exception To The Exclusionary Rule, Blake R. Hills
It's Time To Believe: Resolving The Circuit Split Over The Good-Faith Exception To The Exclusionary Rule, Blake R. Hills
Hofstra Law Review
No abstract provided.
Keeping Up With A Kardashian: Shedding Legal Educations' Vestigial Trade School Anxiety And Replacing The Dated Casebook Method With Modern Case-Based Learning, Jason G. Dykstra
Keeping Up With A Kardashian: Shedding Legal Educations' Vestigial Trade School Anxiety And Replacing The Dated Casebook Method With Modern Case-Based Learning, Jason G. Dykstra
Hofstra Law Review
Kim Kardashian West's choice to pursue her legal studies via a modernized version of apprenticeship rather than by attending law school represents an alarming vote of no-confidence in the efficacy of current legal education. Simply, legal education remains surprisingly and needlessly static despite decades of harsh criticism and the heightened velocity of change that has enveloped the legal industry. From big law to rural practitioners, the traditional law firm model proved ripe for disruption. This disruption is fueled by several discrete changes in how legal services are provided that cumulatively generated a substantial disruption across the board. They include technological …