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Articles 1 - 30 of 3154
Full-Text Articles in Law
Controlling Buyer And Seller Power: Reviving Enforcement Of The Robinson-Patman Act, Daniel A. Hanley
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 …
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.
Daca's Major Questions Exception, Matthew Calabrese
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
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
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.
The Adolescent Mental Health Crisis: A Case Study In Family Court Planning, Andrew Schepard
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.
Does The Federal Budget Trump Constitutional Rights, Laura Snyder
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 …
"Boycott" -- A Proposed Legal Definition Put To Test, Sharona Aharoni-Goldenberg, Gerry Leisman
"Boycott" -- A Proposed Legal Definition Put To Test, Sharona Aharoni-Goldenberg, Gerry Leisman
Hofstra Labor & Employment Law Journal
The definition of "boycott" attracts controversy in legislation, case law, and dictionaries. This paper questions what the worthy legal definition of "boycott" is. It examines and analyzes various sources on "boycott." We conclude that the most distinctive characteristic of a "boycott" is omissions, such as refusal to provide services. The antithesis of omission is commission. Omissions signify allowing something to happen, whereas commissions signify causing it to happen. Since boycotts concern omissions, they entail less legislative interference with the boycotter's right of autonomy. Yet, the autonomy of the boycotters should be restrained when they coerce the boycott's targets, coerce others …
The Fair Chance To Compete For Jobs Act: Proposing A More Equitable Statue For Individuals Affected By The Justice System, Brian M. Joseph
The Fair Chance To Compete For Jobs Act: Proposing A More Equitable Statue For Individuals Affected By The Justice System, Brian M. Joseph
Hofstra Labor & Employment Law Journal
No abstract provided.
Left In The Dust: The Decline In Coal Mining And The 2022 Inflation Reduction Act's Failure To Incorporate Just Transition Principles For Coal Communities, Gillian K. Joyce
Left In The Dust: The Decline In Coal Mining And The 2022 Inflation Reduction Act's Failure To Incorporate Just Transition Principles For Coal Communities, Gillian K. Joyce
Hofstra Labor & Employment Law Journal
No abstract provided.
Getting Personal With Personnel: The Need For Stricter Employee Privacy Rights As Surviellance By Employers Expand, Amber Makda
Getting Personal With Personnel: The Need For Stricter Employee Privacy Rights As Surviellance By Employers Expand, Amber Makda
Hofstra Labor & Employment Law Journal
No abstract provided.
Affirmative Action: To Be Or No Longer To Be? That Is The Question. A Play On Words, Or A Vital Concern?, Michael Bernstein
Affirmative Action: To Be Or No Longer To Be? That Is The Question. A Play On Words, Or A Vital Concern?, Michael Bernstein
Hofstra Labor & Employment Law Journal
No abstract provided.
Introduction: Accountability And The Future Of The Supreme Court, Theo Liebmann
Introduction: Accountability And The Future Of The Supreme Court, Theo Liebmann
Hofstra Law Review
No abstract provided.
Americans And The Court: How Public Outcry Has Influenced The Court To Address Judicial Ethics Crises, Brie Sparkman Binder, Debra Perlin
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
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.
Mom's Social Media Account Featuring Her Kids: New York's Amended Coogan Act Exemplifies The Method To Regulate Parental Exploitation, Maggioni C. Casseus
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
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.
Policy Over Doctrine: A Brief History Of Us Trust Law, Lucas Clover-Alcolea
Policy Over Doctrine: A Brief History Of Us Trust Law, Lucas Clover-Alcolea
ACTEC Law Journal
US trust law is unique because whereas in English law the settlor drops out of the picture once he has created the trust, in the US the settlor’s intentions remain paramount. This fundamental difference in turn permits the recognition of spendthrift trusts, whereby the beneficial interest cannot be alienated, in the US whereas in England such trusts are generally invalid. Similarly, whereas in English law the beneficiaries of absolute trusts, and on occasion discretionary trusts, can collectively implode the trust by forcing the trustee to convey the trust fund to them via a Saunders v Vautier application, this is generally …
Resolving Unfairness In A Fair Way: How The Grantor Trust Rules Should Be Reformed, Aaron T. Anderson
Resolving Unfairness In A Fair Way: How The Grantor Trust Rules Should Be Reformed, Aaron T. Anderson
ACTEC Law Journal
Affluent taxpayers often create one or more grantor trusts to achieve significant tax savings. By leveraging mismatches in the rules between the income and estate tax systems, these taxpayers avoid the compressed income tax brackets of trusts while minimizing the property that is included in their estates for estate tax purposes. Some commentators have argued that reform is needed to remove such mismatches. Yet, trusts that rely on the current grantor trust rules abound. This Note (1) provides a background and history of the rules and use of grantor trusts, (2) argues that harmonizing the estate and income tax systems …
The Importance Of Language In The Context Of Heirs' Property Policymaking, Molefi Mcintosh
The Importance Of Language In The Context Of Heirs' Property Policymaking, Molefi Mcintosh
ACTEC Law Journal
No abstract provided.
Unpacking The Digital Vault: Estate Planning Considerations For Non-Fungible Tokens, Ryan D. Tosto
Unpacking The Digital Vault: Estate Planning Considerations For Non-Fungible Tokens, Ryan D. Tosto
ACTEC Law Journal
The purpose of this article is to shed some light on the emerging, yet largely undefined, principle of openness in EU law. After addressing the semantic confusion existing between openness and transparency, it attempts, through a textual and systemic interpretation of their respective legal bases, to identify the normative content of the European Union's turn to openness. It then explores the principle s potential for attaining its declared Treaty-sanctioned objectives: promoting good governance and ensuring the participation of civil society in the democratic life of the Union. It illustrates that, although openness largely maintains an instrumental rationale, aimed at enhancing …
The Quest To Quell The Let's Play Controversy: A Strategy Guide On Resolving Tensions Between Developers And Gamers, Gina Aliberti
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.
The Supreme Court And The Limits Of Human Impartiality, James J. Sample
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.
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
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).
Recency Bias And The Supreme Court: The Problem Is The Institution, Not The People Who Sit On It, Eric J. Segall
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.
The Role Of Congress In Enforcing Supreme Court Ethics, Jennifer Ahearn, Michael Milov-Cordova
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.