Law Commons^™

To Speak Or Not To Speak: Musings On Judicial Silence, Nancy Gertner

Hofstra Law Review

No abstract provided.

Those Unpublished Opinions: An Appropriate Expedience Or An Abdication Of Responsibility?, Lawrence J. Fox

Hofstra Law Review

No abstract provided.

Use, Liability, And The Structure Of Trademark Law, Uli Widmaier

Hofstra Law Review

No abstract provided.

Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam

Hofstra Law Review

No abstract provided.

To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison L. Lacroix

Hofstra Law Review

The practice of dueling demolishes any happy notion that people are fundamentally the same regardless of the particular chronological moment in which they inhabit the world. Yet the duel flourished in the United States at least until the latter decades of the nineteenth century, when it died out in a regionally specific manner. This Article provides an antidote to static views of dueling by analyzing the duel as both a subject of legal regulation and a precursor to legal remedies for injuries to reputation. The duel carried profound public meaning; to duel was to perform the specific role of gentleman …

The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz

Hofstra Law Review

Prompted by the litany of complaints about corporate boards - as once again highlighted by recent corporate scandals - this paper seeks to add to the literature on why corporation laws in the United States (and, indeed, around the world) generally call for corporate governance by or under a board of directors. Moreover, this paper takes a very different approach in searching for an answer. Instead of theorizing, this paper examines historical sources in order to look at how and why an elected board of directors came to be the accepted mode of corporate governance. This will entail a reverse …

Judicial Attitudes Toward Confronting Attorney Misconduct: A View From The Reported Decisions, Judith A. Mcmorrow, Jackie A. Gardina, Salvatore Ricciardone

Hofstra Law Review

Over the last 20 years, a rich body of literature has emerged to describe the increasingly complex system of lawyer regulation in the United States. This article studies the available data from the Code of Judicial Conduct and federal and state court opinions to glean a richer understanding of how judges construct their individual and institutional role in this web of attorney regulation. The picture that emerges from the reported decisions in both state and federal court is a desire to maintain the integrity of the judicial process and a concern for the efficiency and fairness in the proceeding before …

A Rational Constitutional Faith: Remarks In Response To Professor Amsterdam, Eric M. Freedman

Hofstra Law Review

There are a few substantive thoughts about the future that I wanted to share before letting you get acquainted with each other at the reception. But in order to talk about the future, I will have to go back to the past.

On a beautiful spring day, April 5, 1588, there was a young woman in an advanced state of pregnancy strolling along a beach on the south coast of England when she had an experience that is directly comparable to sitting in your office at the World Trade Center and seeing an airplane heading for your window. She saw …

Secularizing The Sacrosanct: Defining "Sacred" For Native American Sacred Sites Protection Legislation, Amber L. Mcdonald

Hofstra Law Review

No abstract provided.

The Escalating Copyright Wars, Peter K. Yu

Hofstra Law Review

Piracy is one of the biggest threats confronting the entertainment industry today. Every year, the industry is estimated to lose billions of dollars in revenue and faces the potential loss of hundreds of thousands of jobs. To protect itself against Internet pirates, the entertainment industry has launched the latest copyright war. So far, the industry has been winning. Among its trophies are the enactment of the Digital Millennium Copyright Act, Vivendi Universal's defeat and purchase of MP3.com, the movie studios' victory in the DeCSS litigation, the bankruptcy and subsequent sale of Napster and its recent relaunch as a legitimate subscription-based …

Unauthorized Pop-Up Advertising And The Copyright And Unfair Competition Implications, Michael A. Leon

Hofstra Law Review

No abstract provided.

Scraping Beneath The Surface: Finally Holding Lead-Based Paint Manufacturers Liable By Applying Public Nuisance And Market-Share Liability Theories?, Lisa A. Perillo

Hofstra Law Review

No abstract provided.

Should Radicals Be Judges?, Paul Butler

Hofstra Law Review

No abstract provided.

Judicial Correctness Meets Constitutional Correctness: Section 2c Of The Code Of Judicial Conduct, Andrew L. Kaufman

Hofstra Law Review

No abstract provided.

The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin

Hofstra Law Review

Because I intend to be prescriptive (or, when it comes to the esteemed members of the bench who may be in the audience, “suggestive,” since it is they who wield the gavels while I -- as any lawyer appearing before members of the bench -- have only words), I must confess some biases before going further. First, I believe in “sunshine in litigation” and openness of both court records and discovery. I believe that courts are public forums, and that arguments about the privacy of disputes should generally be outweighed by the public's right to know. Some have strongly argued …

The Folly Of Uniformity? Lessons From The Restatement Movement, Kristen David Adams

Hofstra Law Review

This article examines the unique application of the Restatements as de facto common law in the Virgin Islands. Applying an evolutionary biology metaphor, the article examines the way in which this decision by the Virgin Islands Senate may have made a substantive difference in the common law as it developed in the Virgin Islands. Part of the point of this article is that the Senate's decision may have implications that reach beyond the Virgin Islands. The purpose of this article is to provide some guidance to judges so that they may act more purposefully in choosing to follow the Restatements, …

The Myth Of Separation: America's Historical Experience With Church And State, Patrick M. Garry

Hofstra Law Review

This article examines the historical experience of the First Amendment's Establishment Clause. Throughout the colonial and constitutional periods of the United States, the classical concept of an exclusive state church dominated the American image of an establishment of religion. Astate preference of one denomination over others was what was primarily thought to be an establishment of religion, as the Framers did not want to duplicate the English experience with the established Anglican church.

Late eighteenth century Americans agreed that government could provide special assistance to religion in general, as long as such assistance was given without any preference among sects. …

Law And Justice In Caesar's Gallic Wars, Russ Versteeg

Hofstra Law Review

No abstract provided.

Far From Routine: Exempting Existing Sources From New Source Review Under The Equipment Replacement Provision, Adrian P. Castro

Hofstra Law Review

No abstract provided.

Telecommuters And Their Virtual Existence In The Unemployment World, Beverly Reyes

Hofstra Law Review

No abstract provided.

Counterclaims, The Well-Pleaded Complaint, And Federal Jurisdiction, Christopher A. Cotropia

Hofstra Law Review

The United States Supreme Court recently decided, in Holmes Group, Inc. v. Vornado Circulation Systems, Inc., that the United States Court of Appeals for the Federal Circuit's exclusive appellate jurisdiction over a case could not rest solely on a counterclaim for patent infringement. This decision represents a significant departure from over ten years of established Federal Circuit patent law that even if the only patent claim present in a case was a counterclaim, the Federal Circuit still had appellate jurisdiction over the case. Federal Circuit jurisdiction over such cases made sense, considering the Federal Circuit was created by Congress to …

Review Of The Merits In Class Action Certification, Geoffrey P. Miller

Hofstra Law Review

In Eisen v. Carlisle & Jacquelin, the Supreme Court declared that federal courts may not conduct a preliminary inquiry into the merits of a suit in order to determine whether it may be maintained as a class action. This proscription - sometimes known as the Eisen rule - has become a pillar of class action practice, both under Federal Rule of Civil Procedure 23 and under state-court class action procedures. The rule can have a crucial influence on whether a case is certified as a class action - and, given the importance of certification, on the success or failure of …

How Second-Wave Feminism Forgot The Single Woman, Rachel F. Moran

Hofstra Law Review

No abstract provided.

The Right Of Visit, Search And Seizure Of Foreign Flagged Vessels On The High Seas Pursuant To Customary International Law: A Defense Of The Proliferation Of Security Initiative, Ian Patrick Barry

Hofstra Law Review

No abstract provided.

Socio-Religious Obstacles To Judicial Reconstruction In Post-Saddam Iraq, Stanley A. Roberts

Hofstra Law Review

No abstract provided.

With All Due Deference: Judicial Responsibility In A Time Of Crisis, Hon. Shira A. Scheindlin, Matthew L. Schwartz

Hofstra Law Review

No abstract provided.

Rationalizing The Allocative/Distributive Relationship In Copyright, Jeffrey L. Harrison

Hofstra Law Review

This Article cuts against the grain of modern copyright law by making the case that a more substantive approach to the issues of creativity and authorship would lower costs, streamline the system, and raise the level of socially beneficial creativity. Increasing the creativity requirement is designed to curb what might be called artistic product differentiation that has no real impact on economic, cultural, and social development. Infusing an element of substance into authorship by requiring some level of preconception by authors would produce the same result. After all, except in the most unusual instances, when an author does not know …

In The Matter Of Mitigation: The Necessity Of A Less Discretionary Standard For Sanctioning Lawyers Found Guilty Of Intentionally Misappropriating Client Property, David Luty

Hofstra Law Review

No abstract provided.

The Real Issues Of Judicial Ethics, Alex Kozinski

Hofstra Law Review

No abstract provided.

Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner

Hofstra Law Review

No abstract provided.