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Articles 1 - 30 of 30

Full-Text Articles in Law

Trusting Mothers: A Critique Of The American Law Institute's Treatment Of De Facto Parents, Robin Fretwell Wilson Jan 2010

Trusting Mothers: A Critique Of The American Law Institute's Treatment Of De Facto Parents, Robin Fretwell Wilson

Hofstra Law Review

No abstract provided.


Health Reform And Health Equity: Sharing Responsibility For Health In The United States, Erika Blacksher Jan 2010

Health Reform And Health Equity: Sharing Responsibility For Health In The United States, Erika Blacksher

Hofstra Law Review

No abstract provided.


Mistrial In 140 Characters Or Less? How The Internet And Social Networking Are Undermining The American Jury System And What Can Be Done To Fix It, Timothy J. Fallon Jan 2010

Mistrial In 140 Characters Or Less? How The Internet And Social Networking Are Undermining The American Jury System And What Can Be Done To Fix It, Timothy J. Fallon

Hofstra Law Review

No abstract provided.


Google Books: An Orphan Works Solution?, Alessandra Glorioso Jan 2010

Google Books: An Orphan Works Solution?, Alessandra Glorioso

Hofstra Law Review

No abstract provided.


Leading The Way In Unconstitutional Delegations Of Legislative Power: Statutory Incorporation Of The Leed Rating System, Frank David Ditta Jan 2010

Leading The Way In Unconstitutional Delegations Of Legislative Power: Statutory Incorporation Of The Leed Rating System, Frank David Ditta

Hofstra Law Review

No abstract provided.


How One State Reduced Both Crime And Incarceration, Hon. Jonathan Lippman Jan 2010

How One State Reduced Both Crime And Incarceration, Hon. Jonathan Lippman

Hofstra Law Review

No abstract provided.


Foreword: The Ethics Of Lawyers In Government, Roy Simon Jan 2010

Foreword: The Ethics Of Lawyers In Government, Roy Simon

Hofstra Law Review

This special symposium issue of the Law Review features six different articles on legal ethics, culled from three different sources—Hofstra Law School’s 2009 Legal Ethics Conference, the 2009-2010 Lichtenstein Lecture, and a fascinating essay by Professor Monroe Freedman, my treasured friend and colleague at Hofstra. In this

Foreword, I will say some words about each source.


Policing Prosecutors: What Role Can Appellate Courts Play?, Hon. D. Brooks Smith Jan 2010

Policing Prosecutors: What Role Can Appellate Courts Play?, Hon. D. Brooks Smith

Hofstra Law Review

No abstract provided.


The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal Jan 2010

The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal

Hofstra Law Review

No abstract provided.


The Civil Government Litigator: A View From The Jury Box, Bruce A. Green, Karen Bergreen Jan 2010

The Civil Government Litigator: A View From The Jury Box, Bruce A. Green, Karen Bergreen

Hofstra Law Review

This article examines the role and responsibilities of the government’s civil trial lawyers from the perspective of two jurors, one a law professor and the other a novelist and self-described recovering lawyer. It begins by telling the story of a trial in which the authors served as jurors: a personal-injury case brought against New York City by a tenant who claimed to have been injured when the ceiling of her city-owned apartment fell on her head. The article then explores the role of the city’s lawyer, whose performance failed to live up to the jury’s expectations. The article suggests that …


Lawyering In The Supreme Court, Paul D. Clement Jan 2010

Lawyering In The Supreme Court, Paul D. Clement

Hofstra Law Review

No abstract provided.


The Influence Of The American Lawyers' Code Of Conduct On Aba Rules And Standards, Monroe H. Freedman Jan 2010

The Influence Of The American Lawyers' Code Of Conduct On Aba Rules And Standards, Monroe H. Freedman

Hofstra Law Review

No abstract provided.


Old Principles, New Technology, And The Future Of Notice In Newspapers, Lauren A. Rieders Jan 2010

Old Principles, New Technology, And The Future Of Notice In Newspapers, Lauren A. Rieders

Hofstra Law Review

No abstract provided.


What Does Intent Mean?, David Crump Jan 2010

What Does Intent Mean?, David Crump

Hofstra Law Review

No abstract provided.


Collaborative Lawyering: A Process For Interest-Based Negotiation, Jim Hilbert Jan 2010

Collaborative Lawyering: A Process For Interest-Based Negotiation, Jim Hilbert

Hofstra Law Review

This article discusses the growing popularity of interest-based negotiation among attorneys and outlines an approach for implementing interest-based negotiating more effectively. The article begins with an overview of interest-based negotiation and its evolution in legal practice. The article addresses the barriers that often stand between lawyers and the practice of interest-based negotiation and how clients, too, may contribute their own limitations to the mix. The article then discusses particular aspects of interest-based approaches and outlines a step-by-step process for implementing interest-based negotiating.


May We Plead The Court - Twombly, Iqbal, And The "New" Practice Of Pleading, Jonathan D. Frankel Jan 2010

May We Plead The Court - Twombly, Iqbal, And The "New" Practice Of Pleading, Jonathan D. Frankel

Hofstra Law Review

No abstract provided.


The Skinny On The Fop Flop: Why The Fda Must Tighten The Belt On Fop Labeling In Light Of The Obesity Crisis, Lauren E. Manning Jan 2010

The Skinny On The Fop Flop: Why The Fda Must Tighten The Belt On Fop Labeling In Light Of The Obesity Crisis, Lauren E. Manning

Hofstra Law Review

No abstract provided.


Preventing Prescription Drug Overdose In The Twenty-First Century: Is The Controlled Substances Act Enough?, Danielle M. Nunziato Jan 2010

Preventing Prescription Drug Overdose In The Twenty-First Century: Is The Controlled Substances Act Enough?, Danielle M. Nunziato

Hofstra Law Review

No abstract provided.


Foreword: New Directions In American Health Care: Innovations From Home And Abroad, Janet Dolgin, Rachel Kreier, Corinne Kyriacou Jan 2010

Foreword: New Directions In American Health Care: Innovations From Home And Abroad, Janet Dolgin, Rachel Kreier, Corinne Kyriacou

Hofstra Law Review

No abstract provided.


The Evolving Role Of Physicians In A Reformed American Health Care System, Gov. Howard Dean Jan 2010

The Evolving Role Of Physicians In A Reformed American Health Care System, Gov. Howard Dean

Hofstra Law Review

No abstract provided.


Erisa Preemption Doctrine As Health Policy, Joshua P. Booth, Larry I. Palmer Jan 2010

Erisa Preemption Doctrine As Health Policy, Joshua P. Booth, Larry I. Palmer

Hofstra Law Review

No abstract provided.


Health Insurance In Switzerland: A Closer Look At A System Often Offered As A Model For The United States, Rachel Kreier, Peter Zweifel Jan 2010

Health Insurance In Switzerland: A Closer Look At A System Often Offered As A Model For The United States, Rachel Kreier, Peter Zweifel

Hofstra Law Review

No abstract provided.


Stripping Down The Reasonableness Standard: The Problems With Using In Loco Parentis To Define Students' Fourth Amendment Rights, Alysa B. Koloms Jan 2010

Stripping Down The Reasonableness Standard: The Problems With Using In Loco Parentis To Define Students' Fourth Amendment Rights, Alysa B. Koloms

Hofstra Law Review

No abstract provided.


Music Mashups: Testing The Limits Of Copyright Law As Remix Culture Takes Society By Storm, Emily Harper Jan 2010

Music Mashups: Testing The Limits Of Copyright Law As Remix Culture Takes Society By Storm, Emily Harper

Hofstra Law Review

No abstract provided.


Cutting The Party Line: How The Sec Can Silence Persisting Phone Call Tips, Kristen A. Truver Jan 2010

Cutting The Party Line: How The Sec Can Silence Persisting Phone Call Tips, Kristen A. Truver

Hofstra Law Review

No abstract provided.


The Candor Factor: Does Nominee Evasiveness Affect Judiciary Committee Support For Supreme Court Nominees?, Justin Wedeking, Dion Farganis Jan 2010

The Candor Factor: Does Nominee Evasiveness Affect Judiciary Committee Support For Supreme Court Nominees?, Justin Wedeking, Dion Farganis

Hofstra Law Review

No abstract provided.


New Directions In American Health Care, Lawrence G. Smith, Megan Anderson Jan 2010

New Directions In American Health Care, Lawrence G. Smith, Megan Anderson

Hofstra Law Review

No abstract provided.


A View From Inside The Ropes: A Prosecutor's Viewpoint On Disclosing Exculpatory Evidence, Fred Klein Jan 2010

A View From Inside The Ropes: A Prosecutor's Viewpoint On Disclosing Exculpatory Evidence, Fred Klein

Hofstra Law Review

No abstract provided.


Rhetorical Federalism: The Value State-Based Dissent To Federal Health Reform, Elizabeth Weeks Leonard Jan 2010

Rhetorical Federalism: The Value State-Based Dissent To Federal Health Reform, Elizabeth Weeks Leonard

Hofstra Law Review

This Article makes the affirmative case for the widespread trend of state resistance to the recently enacted, comprehensive federal health reform law, the Patient Protection and Affordable Care Act of 2010, or ACA. A significant number of states have engaged in various forms of objection to the new federal laws, including filing lawsuits against the federal government, enacting laws providing that ACA will not apply to residents of the state, and refusing to cooperate with implementing the new laws. This Article identifies reasons why those actions should not be disregarded simply as Tea Party antics or election-year gamesmanship but instead …


An Act For All Contexts: Incorporating The Pregnancy Discrimination Act Into Title Ix To Help Pregnant Students Gain And Retain Access To Education, Kendra Fershee Jan 2010

An Act For All Contexts: Incorporating The Pregnancy Discrimination Act Into Title Ix To Help Pregnant Students Gain And Retain Access To Education, Kendra Fershee

Hofstra Law Review

Few would agree that pregnancy discrimination is a tolerable by-product of a modern society. Yet there is at least one segment of society where pregnancy discrimination can thrive - federally funded schools. Even though Title IX was passed in 1972 to bar discrimination in school based on sex, it is quite possible for schools to discriminate based on pregnancy with little impunity. Worse, those who suffer the discrimination cannot sue for the harms they suffered in federal court, nor can they seek monetary redress, even if they were financially harmed by the discrimination.

The status of Supreme Court precedent, coupled …