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Hofstra Law Review

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Articles 1 - 30 of 1646

Full-Text Articles in Law

Protecting People With Intellectual Disability From Wrongful Execution: Guidelines For Competent Representation, Sheri Lynn Johnson, John H. Blume, Emily Paavola, Lindsey S. Vann Jun 2018

Protecting People With Intellectual Disability From Wrongful Execution: Guidelines For Competent Representation, Sheri Lynn Johnson, John H. Blume, Emily Paavola, Lindsey S. Vann

Hofstra Law Review

No abstract provided.


Foreclosure Madness: Using Mortgage Deceleration To Evade The Statute Of Limitations, Matthew B. Nevola Jun 2018

Foreclosure Madness: Using Mortgage Deceleration To Evade The Statute Of Limitations, Matthew B. Nevola

Hofstra Law Review

No abstract provided.


Reclaiming Van Hook: Using The Aba's Guidelines And Resources To Establish Prevailing Professional Norms, Emily Olson-Gault Jun 2018

Reclaiming Van Hook: Using The Aba's Guidelines And Resources To Establish Prevailing Professional Norms, Emily Olson-Gault

Hofstra Law Review

No abstract provided.


End Matter Jun 2018

End Matter

Hofstra Law Review

No abstract provided.


Front Matter Jun 2018

Front Matter

Hofstra Law Review

No abstract provided.


The Past, Present, And Future Of The Mitigation Profession: Fulfilling The Constitutional Requirement Of Individualized Sentencing In Capital Cases, Russell Stetler Jun 2018

The Past, Present, And Future Of The Mitigation Profession: Fulfilling The Constitutional Requirement Of Individualized Sentencing In Capital Cases, Russell Stetler

Hofstra Law Review

No abstract provided.


Symposium Introduction, Eric M. Freedman Jun 2018

Symposium Introduction, Eric M. Freedman

Hofstra Law Review

No abstract provided.


Express Yourself: Providing Greater Protection For Independent Art Authenticators Who Offer Good Faith Opinions, Savannah Holzwarth Jun 2018

Express Yourself: Providing Greater Protection For Independent Art Authenticators Who Offer Good Faith Opinions, Savannah Holzwarth

Hofstra Law Review

No abstract provided.


Off The Mark: Mitigating The Conflict Between Local Landmark Ordinances And Individual Property Rights, Kayley B. Sullivan Jun 2018

Off The Mark: Mitigating The Conflict Between Local Landmark Ordinances And Individual Property Rights, Kayley B. Sullivan

Hofstra Law Review

No abstract provided.


The Ethical Argument For Funding In Clemency: The "Mercy" Function And The Aba Guidelines, Laura Schaefer Jun 2018

The Ethical Argument For Funding In Clemency: The "Mercy" Function And The Aba Guidelines, Laura Schaefer

Hofstra Law Review

No abstract provided.


Evaluating Intellectual Disability: Clinical Assessments In Atkins Cases, James W. Ellis, Caroline Everington, Ann M. Delpha Jun 2018

Evaluating Intellectual Disability: Clinical Assessments In Atkins Cases, James W. Ellis, Caroline Everington, Ann M. Delpha

Hofstra Law Review

The intersection of intellectual disability and the death penalty is now clearly established Both under the US. Supreme Court's constitutional decisions and under the terms of many state statutes, individual defendants who have that disability cannot be sentenced to death or executed. It now falls to trial, appellate, and post-conviction courts to determine which individual criminal defendants are entitled to the law's protection.

This Article attempts to assist judges in performing that task. After a brief discussion of the Supreme Court's decisions in Atkins v. Virginia, Hall v. Florida, and Moore v. Texas, it analyzes the component ...


Reconciling Subject-Matter Jurisdiction, Bradley Scott Shannon Mar 2018

Reconciling Subject-Matter Jurisdiction, Bradley Scott Shannon

Hofstra Law Review

No abstract provided.


Front Matter Mar 2018

Front Matter

Hofstra Law Review

No abstract provided.


The Original U. S. Sentencing Guidelines And Suggestions For A Fairer Future, Stephen G. Breyer Mar 2018

The Original U. S. Sentencing Guidelines And Suggestions For A Fairer Future, Stephen G. Breyer

Hofstra Law Review

No abstract provided.


The Federal Sentencing Guidelines: A Good Idea Badly Implemented, Jon O. Newman Mar 2018

The Federal Sentencing Guidelines: A Good Idea Badly Implemented, Jon O. Newman

Hofstra Law Review

No abstract provided.


Does Failure To Mitigate Damages Bar Recovery Of The Costs Of Mitigation, Gregory Crespi Mar 2018

Does Failure To Mitigate Damages Bar Recovery Of The Costs Of Mitigation, Gregory Crespi

Hofstra Law Review

It is well established that a person who makes reasonable efforts to mitigate her damages after a breach of contract will be able to recover the costs of those mitigation efforts as incidental damages, and that a person who fails to make such efforts will be denied recovery of the damages that could have been avoided. But will a person who fails to take reasonable efforts to mitigate damages still be able to recover the probable cost of those mitigation efforts as an offset against the reduction in her damages for failure to mitigate, even though she did not incur ...


Captivating Deductions, Charlene D. Luke Mar 2018

Captivating Deductions, Charlene D. Luke

Hofstra Law Review

This Article examines the technique of converting non-deductible savings into deductible insurance premiums. This savings conversion mechanism is generally labeled “captive insurance,” but as this Article explains, the issue extends beyond the use of related insurance subsidiaries to include insurance contracts that are, in substance, designer investment contracts. This Article explores how moving away from reliance on a particular definition of insurance and towards normative income tax principles provides a clearer path for policing the boundary between savings and insurance contracts for income tax purposes. The governing principle is straightforward: a deduction for an insurance premium should not be allowed ...


An Interdisciplinary Perspective On Economic Models In Complex Litigation, Jeff Todd Mar 2018

An Interdisciplinary Perspective On Economic Models In Complex Litigation, Jeff Todd

Hofstra Law Review

Courts lack consistency and coherence in admissibility decisions regarding expert testimony based on economic models. Legal commentators have addressed the issue, but their conclusions range from treating questions about economic models as law to treating them as routine fact-finding. Evidence law bases admissibility upon the standards of the relevant field, and a substantial body of scholarship by economics methodologists conceives of models as tropes and economists as storytellers. Accordingly, models should be evaluated in the context of their use and by their target audience, which in complex litigation is the jury. The economics scholarship therefore supports a lower admissibility threshold ...


End Matter Mar 2018

End Matter

Hofstra Law Review

No abstract provided.


It'll Break Your Heart Every Time: Race, Romanticism And The Struggle For Civil Rights In Litigating Baseball's Antitrust Exemption, John Tehranian Mar 2018

It'll Break Your Heart Every Time: Race, Romanticism And The Struggle For Civil Rights In Litigating Baseball's Antitrust Exemption, John Tehranian

Hofstra Law Review

The recent blockbuster 42 romanticizes the role of major league baseball in the civil rights movement. But Jackie Robinson’s shattering of the color line in 1947 represented only the first step in the game’s evolution. With considerably less fanfare, Curt Flood took the next step. Flood’s ill-fated challenge to the infamous reserve clause landed him before the United States Supreme Court in 1972. It’ll Break Your Heart Every Time casts new light on Flood’s underappreciated legal struggle by presenting a meta-meditation on his lawsuit, the fallibility of judges and the power of the National Pastime ...


Fixing Our Aging Infrastructure: How To Pay For Airport Improvements, Maryanne Santini Mar 2018

Fixing Our Aging Infrastructure: How To Pay For Airport Improvements, Maryanne Santini

Hofstra Law Review

No abstract provided.


The Perfect Storm: Weathering Puerto Rico's Fiscal Crisis In The Wake Of Hurricane Maria, Victoria Zorovich Mar 2018

The Perfect Storm: Weathering Puerto Rico's Fiscal Crisis In The Wake Of Hurricane Maria, Victoria Zorovich

Hofstra Law Review

No abstract provided.


A Dollar For Your Thoughts: Dollar General And The Supreme Court's Struggle With Tribal Civil Jurisdiction, Hallie Mcdonald Feb 2018

A Dollar For Your Thoughts: Dollar General And The Supreme Court's Struggle With Tribal Civil Jurisdiction, Hallie Mcdonald

Hofstra Law Review

No abstract provided.


Symposium Introduction, Norman L. Reimer Feb 2018

Symposium Introduction, Norman L. Reimer

Hofstra Law Review

In the American justice system, the judge controls the court. All the trappings of courtroom decorum underscore this power. The judge is usually placed front and center, often on a raised platform. Everyone present is expected to rise when the judge enters the room. The audience is required to be silent. Lawyers are expected to rise when speaking to judges, and to address them with an honorific. Wanton disrespect may result in disciplinary action or contempt proceedings. These protocols of honor and deference are emblematic of the judge’s supreme authority and power to control what happens in the court ...


Judicial Responsibility For Justice In Criminal Courts, Lisa Foster Feb 2018

Judicial Responsibility For Justice In Criminal Courts, Lisa Foster

Hofstra Law Review

No abstract provided.


Judges Need To Exercise Their Responsibility To Require That Eligible Defendants Have Lawyers, Robert C. Boruchowitz Feb 2018

Judges Need To Exercise Their Responsibility To Require That Eligible Defendants Have Lawyers, Robert C. Boruchowitz

Hofstra Law Review

No abstract provided.


A Judge's Duty To Do Justice: Ensuring The Accused's Right To The Effective Assistance Of Counsel, Peter A. Joy Feb 2018

A Judge's Duty To Do Justice: Ensuring The Accused's Right To The Effective Assistance Of Counsel, Peter A. Joy

Hofstra Law Review

No abstract provided.


Informed Misdemeanor Sentencing, Jenny Roberts Feb 2018

Informed Misdemeanor Sentencing, Jenny Roberts

Hofstra Law Review

No abstract provided.


Invading The Driver's Seat: Preventing Overbearing Targeted Advertising In Connected Vehicles, Brandon Amon Feb 2018

Invading The Driver's Seat: Preventing Overbearing Targeted Advertising In Connected Vehicles, Brandon Amon

Hofstra Law Review

No abstract provided.


The Culture Of Misdemeanor Courts, Jessica A. Roth Feb 2018

The Culture Of Misdemeanor Courts, Jessica A. Roth

Hofstra Law Review

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can ...