Law Commons^™

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 …

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 …

Deregulation And Competition In Underwriting: Review Of The Evidence And New Findings, George J. Papaioannou, Adrian Gauci

Journal of International Business and Law

No abstract provided.

Cultural Imperialism Vs. Cultural Protectionism: Hollywood's Response To Unesco Efforts To Promote Cultural Diversity, Eireann Brooks

Journal of International Business and Law

No abstract provided.

Shoring Up The Citadel (At-Will Employment), Matthew W. Finkin

Hofstra Labor & Employment Law Journal

The third draft of parts three and four of the proposed Restatement of Employment Law was circulated in April, 2006. The draft was prefaced by a statement of the Executive Director of the American Law Institute explaining the project's purpose: to simplify the law, to clarify the doctrine underpinning it, and to bring the law into line with evolving economic and social developments. This essay takes a hard look at these two parts - governing contractual job security and discharge for reasons violative of public policy - from the perspective of these desiderata. It argues that the rules set out …

Labor-Management Relations During The Clinton Administration, Robert B. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.

Unilateral-Modification Provisions In Employment Arbitration Agreements, Michael L. Demichele, Richard A. Bales

Hofstra Labor & Employment Law Journal

Unilateral-modification clauses give one party the unfettered right to amend or reject the underlying contract, often with neither notice to nor consent from the other party. State and federal courts are divided on the issue of whether employment arbitration agreements subject to such clauses are enforceable (and the courts holding the arbitration agreements are unenforceable are divided on which of several contract law doctrines apply). The majority of courts refuse to compel arbitration when the employer's unilateral-modification rights create a lack of consideration, a non-mutual agreement, an illusory promise to arbitrate, or an unconscionable agreement. A minority of courts find …

Be Our Guest: Synthesizing A Realistic Guest Worker Program As An Element Of Comprehensive Immigration Reform, Dennis J. Loiacono, Jillian Maloff

Hofstra Labor & Employment Law Journal

No abstract provided.

The Whistleblower Provision Of Sarbanes-Oxley: Discerning The Scope Of "Protected Activity", Robert P. Riordan, Leslie E. Wood

Hofstra Labor & Employment Law Journal

No abstract provided.

Mediation Of A Sexual Harassment Claim, Robert Lewis

Hofstra Labor & Employment Law Journal

No abstract provided.

Henry Lord Brougham And Zeal, Monroe H. Freedman

Hofstra Law Review

In a recent article, Professors Fred Zacharias and Bruce Green undertook to "reconceptualize" advocacy ethics. In the course of that article, they rejected the ethic of zeal, and stated erroneously that Henry Lord Brougham had himself repudiated his famous statement on zealous advocacy.

Inspired by Brougham almost two centuries ago, the "traditional aspiration" of zealous advocacy remains "the fundamental principle of the law of lawyering" and "the dominant standard of lawyerly excellence" among lawyers today. To paraphrase the ABA's 1908 Canons of Professional Ethics, the ethic of zeal requires that the lawyer give entire devotion to the interests of the …

Remarks On The Installation Of Mark Movsesian As Max Schmertz Distinguished Professor Of Law, John O. Mcginnis

Hofstra Law Review

No abstract provided.

The Case For Selective Abolition Of The Rules Of Evidence, David Crump

Hofstra Law Review

This article advocates selectively abolishing the exclusionary components in the Federal Rules of Evidence. Arguing that some parts of the existing rules cost more than the value of any benefits they provide, it is the author's position that the current system is sufficiently dysfunctional so as to make significant revisions in the Rules of Evidence worthwhile. The article examines the hearsay rule, the rules governing repetitive-behavior evidence, and issues regarding opinion evidence, experts, and authentication. The article proceeds to consider the rest of the FRE 400 series - particularly Rules 401 through 403 - and proposes modifications. Next, the article …

Bias In Direct-To-Consumer Advertising And Its Effect On Drug Safety, Marvin M. Lipman

Hofstra Law Review

No abstract provided.

Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode

Hofstra Law Review

No abstract provided.

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.

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

Hofstra Law Review

No abstract provided.

Do Bar Association Ethics Committees Serve The Public Or The Profession? An Argument For Process Change, Hon. David G. Trager

Hofstra Law Review

No abstract provided.

"Play In The Joints Between The Religion Clauses" And Other Supreme Court Catachreses, Carl H. Esbeck

Hofstra Law Review

Consistent with its fumbling of late when dealing with cases involving religion, the U.S. Supreme Court has taken to reciting the metaphor of play in the joints between the Religion Clauses. This manner of framing the issue before the Court presumes that the Free Exercise and Establishment Clauses run in opposing directions, and indeed will often conflict. It then becomes the Court's task, as it sees it, to determine if the law in question falls safely in the narrows where there is space for legislative action neither compelled by the Free Exercise Clause nor prohibited by the Establishment Clause. The …

Sanctioning Insurance Carriers For Bad-Faith Litigation Practices: A Proposal To Change The "Named Party" Rule, Andrea Yoon

Hofstra Law Review

No abstract provided.

Foreword: Biomedical Reasearch And The Law-Selected Issues: The Pharmaceutical Industry And Its Relationship With Government, Academia, Physicians And Consumers, Janet L. Dolgin, Joel Weintraub

Hofstra Law Review

The articles in this issue developed from a conference entitled Biomedical Research and the Law, held at Hofstra University in the fall of 2006. The conference explored conflicts of interest created by industry's support for biomedical research. Participants considered how to safeguard the integrity of research and the safety of drugs while encouraging the development of treatments for disease.

Debating Conflicts: Medicine, Commerce, And Contrasting Ethical Orders, Janet L. Dolgin

Hofstra Law Review

This article, prepared in the context of a conference at Hofstra in October 2006 ("Biomedical Research and the Law") considers contrasting responses to conflicts of interest occasioned by physicians' financial links to the pharmaceutical industry. Debate about the appropriate relationship between physicians and industry is grounded in the development known to historians of ideas as the shift in western culture from status to contract. The article summarizes the shift and then describes its consequences for and effects within the world of health care. The paper focuses on comparing an ethical order that continues to reflect traditional patterns in directing physicians' …

They Killed Her For Going Out With Boys: Honor Killings In Turkey In Light Of Turkey's Accession To The European Union And Lessons For Iraq, Rebecca E. Boon

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.

Judicial Ethics, The Appearance Of Impropriety, And The Proposed New Aba Judicial Code, Ronald D. Rotunda

Hofstra Law Review

We sometimes think, loosely, that ethics is good and that therefore more is better than less. But more is not better than less, if the more exacts higher costs, measured in terms of vague rules that impose unnecessary and excessive burdens. Overly-vague ethics rules impose costs on the judicial system and the litigants, which we should weigh when determining whether to impose ill-defined and indefinite ethics prohibitions on judges. Unnecessarily imprecise ethics rules allow and tempt critics, with minimum effort, to levy a plausible and serious charge that the judge has violated the ethics rules. Overuse not only invites abuse …

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

Hofstra Law Review

No abstract provided.

Timing Controversial Decisions, Cass R. Sunstein

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 …

Peril Invites Rescue: An Evolutionary Perspective, Bailey Kuklin

Hofstra Law Review

No abstract provided.