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Articles 1 - 30 of 42
Full-Text Articles in Law
Introduction: The Continuing Quest For High-Quality Defense Representation In Capital Cases, Eric M. Freedman
Introduction: The Continuing Quest For High-Quality Defense Representation In Capital Cases, Eric M. Freedman
Hofstra Law Review
An introduction is presented in which the author discusses various reports within the issue on topics including the American Bar Association's "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" publication, ineffective assistance of counsel, and psychopathy.
The Gamification Of Work, Miriam A. Cherry
The Gamification Of Work, Miriam A. Cherry
Hofstra Law Review
In the language of cyberspace, introducing elements of fun or game-playing into everyday tasks or through simulations is known as the process of “gamification.” The idea that people could be working while they play a video game – in some instances without even knowing that they are working – is becoming part of our reality. Gamification is an important element of what in previous writing I have termed “virtual work,” that is, work that is taking place wholly online, in crowdsourcing arrangements, or in virtual worlds. The gamification of work is an important trend with important implications for employment law. …
A Prescription For Excess: Using Prescriptive Comity To Limit The Extraterritorial Reach Of The Sherman Act, Stephen D. Piraino
A Prescription For Excess: Using Prescriptive Comity To Limit The Extraterritorial Reach Of The Sherman Act, Stephen D. Piraino
Hofstra Law Review
No abstract provided.
Trix Are Not Just For Kids: The Supreme Court's Clumsy Handling Of The Public-Private Distinction And Its Legislative Impact On Breakfast And Beyond, David Gerardi
Hofstra Law Review
No abstract provided.
Modifying The Filibuster: A Means To Foster Bipartisanship While Reining In Its Most Egregious Abuses, Brian R.D. Hamm
Modifying The Filibuster: A Means To Foster Bipartisanship While Reining In Its Most Egregious Abuses, Brian R.D. Hamm
Hofstra Law Review
No abstract provided.
Personal Jurisdiction And The Marketing Of Goods And Services On The Internet, Thomas A. Dickerson, Cheryl E. Chambers, Jeffrey A. Cohen
Personal Jurisdiction And The Marketing Of Goods And Services On The Internet, Thomas A. Dickerson, Cheryl E. Chambers, Jeffrey A. Cohen
Hofstra Law Review
No abstract provided.
Are The Principles Of Substance Abuse Treatment Transferable To Sex Offenders? A Review Of The Methods And Effectiveness Of Sex Offender Treatment Programs, Hon. Steven W. Brockett
Are The Principles Of Substance Abuse Treatment Transferable To Sex Offenders? A Review Of The Methods And Effectiveness Of Sex Offender Treatment Programs, Hon. Steven W. Brockett
Hofstra Law Review
No abstract provided.
On Madison, Muslims, And The New York City Police Department, Eric Lane
On Madison, Muslims, And The New York City Police Department, Eric Lane
Hofstra Law Review
In the years before and after the ratification of the United States Constitution, James Madison offered, unsuccessfully, the view that a formal bill of rights would not safeguard individual liberties in the face of excessive federal power or the failure of the system of checks and balances. An examination of New York City Police Department (“NYPD”) treatment of Muslim-Americans in the years following the September 11, 2001 (“9/11”) attacks reveals the wisdom of Madison’s prediction. Since 9/11, the NYPD has espoused the view that the only way to prevent future terrorist attacks is to closely monitor Muslim communities, in case …
The U.S. Supreme Court Upholds The Health Care Reform Law: What's Next For Employer-Sponsored Group Health Plans?, Stephen J. Mogila, Daniel L. Saperstein
The U.S. Supreme Court Upholds The Health Care Reform Law: What's Next For Employer-Sponsored Group Health Plans?, Stephen J. Mogila, Daniel L. Saperstein
Hofstra Law Review
No abstract provided.
Safe Localities Through Cooperation: Why The Secure Communities Program Violates The Constitution, Ana Getiashvili
Safe Localities Through Cooperation: Why The Secure Communities Program Violates The Constitution, Ana Getiashvili
Hofstra Law Review
No abstract provided.
Against Certainty, Shawn J. Bayern
Against Certainty, Shawn J. Bayern
Hofstra Law Review
In legal argumentation, appeals to certainty and predictability have enormous rhetorical power. This Article argues that their use outstrips their legitimate role in legal analysis. The Article is not literally “against certainty” in the sense that it promotes uncertainty as a good thing in itself; it is just a skeptical consideration of the role of appeals to certainty in legal theory. The Article’s principal contention is that arguments about certainty are often mistaken, that certainty itself is often misunderstood, and that many defenses of certainty in legal rules are tautological, irrelevant, or substantively overstated.
Embracing Out Values: Title Ix, The "Single-Sex Exemption," And Fraternities' Inclusion Of Transgender Members, Stevie V. Tran
Embracing Out Values: Title Ix, The "Single-Sex Exemption," And Fraternities' Inclusion Of Transgender Members, Stevie V. Tran
Hofstra Law Review
No abstract provided.
Capital Gains Jabberwocky: Capital Gain, Intangible Property, And Tax, Stephen T. Black
Capital Gains Jabberwocky: Capital Gain, Intangible Property, And Tax, Stephen T. Black
Hofstra Law Review
In the current US tax system, capital gains are taxed at a lower rate than ordinary income. What does that mean for the sale of IP and intangible assets? Is it possible to convert ordinary income to capital gain by changing the form of the transaction?
This article will address anomalies in the tax characterization of intangible assets. Four cases will be presented, each of which, arguably, could consistently produce capital gains. As will be shown, however, the treatment of these cases (and others) is anything but consistent. At the conclusion of the four cases, it should be clear that …
Look Over Your Figurative Shoulder: How To Save Individual Dignity And Privacy On The Internet, Maayan Y. Vodovis
Look Over Your Figurative Shoulder: How To Save Individual Dignity And Privacy On The Internet, Maayan Y. Vodovis
Hofstra Law Review
No abstract provided.
The First Amendment Is An Information Policy, Jack M. Balkin
The First Amendment Is An Information Policy, Jack M. Balkin
Hofstra Law Review
This essay, based on the 20th annual Hugo Black lecture at Wesleyan University, argues that we should think about individual liberties of freedom of speech, press, and assembly not in isolation, but in the larger context of policies for the spread and growth of knowledge andinformation.
Although we normally think about the First Amendment as an individual right, we should also see it as an integral part of a knowledge and information policy for a democratic state. That is because the practical ability to speak rests on an infrastructure of free expression that involves a wide range of institutions, statutory …
Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher
Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher
Hofstra Law Review
Prosecutors, our ministers of justice, do not play by the same conflict of interest rules. All other attorneys should not, and cannot, attack their prior work in transactional or litigation matters; nor should other attorneys unquestionably represent clients in matters in which the attorneys themselves face disciplinary, civil, or criminal liability. When prosecutors have likely convicted an innocent person, however, prosecutors are asked to review their own prior work objectively and then to undo it. But they understandably suffer from a conflict between their duty to justice and their duty to themselves — their duty to seek the release of …
The Challenges To Legal Education In 1973 And 2012: An Introduction To The Anniversary Issue Of The Hofstra Law Review, Nora V. Demleitner
The Challenges To Legal Education In 1973 And 2012: An Introduction To The Anniversary Issue Of The Hofstra Law Review, Nora V. Demleitner
Hofstra Law Review
No abstract provided.
Families Now: What We Don't Know Is Hurting Us, Judith T. Younger
Families Now: What We Don't Know Is Hurting Us, Judith T. Younger
Hofstra Law Review
No abstract provided.
Faulkner's Voting Rights Act: The Sound And Fury Of Section Five, Joel Heller
Faulkner's Voting Rights Act: The Sound And Fury Of Section Five, Joel Heller
Hofstra Law Review
In its most recent examination of the Voting Rights Act, the Supreme Court told a story about the South. Although the Court ultimately did not rule on the continued constitutionality of § 5, the VRA provision that singles out certain jurisdictions with a history of racially discriminatory voting practices for additional regulation, its opinion expressed significant doubt that the measure was still justified. In this tale of progress and redemption, the Court concluded that “things have changed in the South.”
One body of commentary that was not considered in this story was the region’s literature. Yet many of these works, …
Intervention Of Right In Judicial Proceedings To Review Informal Federal Rulemaking, Michael Ray Harris
Intervention Of Right In Judicial Proceedings To Review Informal Federal Rulemaking, Michael Ray Harris
Hofstra Law Review
The codification of the Federal Rules of Civil Procedure in 1938 (the “Federal Rules”) created not only a more transactional approach to litigation, but also the flexible party structure that was necessary for “public law litigation” to flourish. Indeed, many argue that intervention by non-parties in public law cases is essential to ensure that the court can hear from and protect the wide range of interests likely to be impacted by its decision. This Article seeks to make a case for limiting intervention as of right in a specific subset of public law proceedings –– those brought to review the …
Executing Equity: The Broad Judicial Discretion To Stay The Execution Of Death Sentences, Rebecca R. Sklar
Executing Equity: The Broad Judicial Discretion To Stay The Execution Of Death Sentences, Rebecca R. Sklar
Hofstra Law Review
No abstract provided.
The Rise Of Institutional Law Practice, Thomas D. Morgan
The Rise Of Institutional Law Practice, Thomas D. Morgan
Hofstra Law Review
For generations, the legal profession has assumed that only individual lawyers practice law. Ethical standards have been largely, if not exclusively, directed at individuals, and practice organizations have been regulated to prevent limiting individual lawyer professional judgment. The world in which lawyers now practice makes the individualized model obsolete. The complexity of modern law narrows the breadth of any individual lawyer's practice and makes law firms and other practice organizations inevitable. Firms, in turn, must maintain both ethical compliance and a high level of service quality that is inconsistent with lawyers behaving idiosyncratically. The article explores these developments and suggests …
Just Scratching The Surface: How Epa Denied Renewable Energy Developers The Liability Protection They Need To Repower America's Contaminated Land, Jonathan J. Nasca
Just Scratching The Surface: How Epa Denied Renewable Energy Developers The Liability Protection They Need To Repower America's Contaminated Land, Jonathan J. Nasca
Hofstra Law Review
No abstract provided.
Bargaining For Motherhood: Postadoption Visitation Agreements, Carol Sanger
Bargaining For Motherhood: Postadoption Visitation Agreements, Carol Sanger
Hofstra Law Review
No abstract provided.