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Articles 91 - 98 of 98
Full-Text Articles in Law
Ensuring Effective Counsel For Parents: Extending Padilla To Termination Of Parental Rights Proceedings, Sarah Freeman
Ensuring Effective Counsel For Parents: Extending Padilla To Termination Of Parental Rights Proceedings, Sarah Freeman
Hofstra Law Review
The increase in the number of incarcerated women, combined with the severe effects of ASFA's 15/22 rule, has dramatically increased the risk that a incarcerated mother face a termination of her parental rights. Currently, existing ethical and statutory protections have been insufficient to protect these parents’ rights to their children. However, after Padilla v. Kentucky, it is likely that there is a Sixth Amendment obligation on criminal defense attorneys to advise their clients about the effect of the criminal process on a TPR proceeding. This advice should not be limited to a mere suggestion that clients seek legal advice from …
Why Do Europeans Ban Hate Speech? A Debate Between Karl Loewenstein And Robert Post, Robert A. Khan
Why Do Europeans Ban Hate Speech? A Debate Between Karl Loewenstein And Robert Post, Robert A. Khan
Hofstra Law Review
No abstract provided.
At War With The Robots: Autonomous Weapon Systems And The Martens Clause, Tyler D. Evans
At War With The Robots: Autonomous Weapon Systems And The Martens Clause, Tyler D. Evans
Hofstra Law Review
This Note examines arguments for preemptively prohibiting the development and use of autonomous weapon systems under the Martens Clause. This Note identifies the Martens Clause as a tenuous but discernible threat to such systems under the Law of Armed Conflict because the Clause's "dictates of the public conscience," interpreted broadly, could provide the grounds upon which to prohibit autonomous weapon systems before such systems even exist -- unlike the more traditional pillars of the Law of Armed Conflict, such as distinction and proportionality, which would require, at the very least, an analysis of the weapon systems' use and effects to …
Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri
Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri
Hofstra Law Review
Lawyers err every day, in hard and easy cases, in trials and transactions, and in large and small firms. By turns commonplace and noteworthy, the errors fall in both the private shadow and the public light of for-profit, nonprofit, and government practice. The literature of lawyer and, by extension, law firm error spans common law doctrines, state ethics rules and opinions, federal rules, practitioner treatises, restatements, and academic casebooks and commentaries. Despite the breadth of this literature, the intertwined problems of lawyer or law firm error and client malpractice disclosure remain unresolved and surprisingly underappreciated.
Against the backdrop of widening …
In The System: Facilitating The Reunification Of The Child And The Parents Through Religion, Cherie Nicole Brown
In The System: Facilitating The Reunification Of The Child And The Parents Through Religion, Cherie Nicole Brown
Hofstra Law Review
The article discusses the reported efforts to facilitate the reunification of children and parents through religion as of 2014, focusing on terminations of parental rights in America and U.S. state laws regarding Sharia law and international law. The legal rights of Muslims in America are mentioned, along with the U.S. Constitution's Establishment Clause and an alleged Anti-Sharia Movement in the U.S. America's foster care system and the best interest of the child legal standard are examined.
"Taxpayers As Victims: Taxpayer Harm & Criminalization", Brenner M. Fissell
"Taxpayers As Victims: Taxpayer Harm & Criminalization", Brenner M. Fissell
Hofstra Law Faculty Scholarship
Criminal statutes are least objectionable when they are justified by the notion that the conduct being prohibited is harmful to others. Over the past few decades, a new argument has arisen that makes this very easy to do. This argument appeals to the reality that often when one’s conduct causes or risks physical injury to one’s self, governmental services (e.g. rescue, police, healthcare) will be provided, and that the cost of these services is an unfair burden imposed upon taxpayers. This argument understands the taxpayers to be victims, and the self-harming conduct to therefore be harmful to others, and justifiably …
Some Legal Impacts Of The Emerging International Climate Change Regime On Energy Prices, James E. Hickey Jr
Some Legal Impacts Of The Emerging International Climate Change Regime On Energy Prices, James E. Hickey Jr
Hofstra Law Faculty Scholarship
From the beginning of scientific assessment of climate change in the late 1970’s to the most recent conference of the parties (COP) to the Kyoto Protocol in Doha in 2012 , the international community has been attempting to establish a workable legal regime to deal with climate change. The purpose of this article is to explore some of the legal effects this emerging international climate change regime may have on energy prices in the foreseeable future. Specifically, this article in section II article accepts certain predicates relating to climate change and energy prices. In section III, it lays out briefly …