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Articles 1 - 30 of 55
Full-Text Articles in Law
Lawyering At The Edge: Foreword, Roy D. Simon
Lawyering At The Edge: Foreword, Roy D. Simon
Hofstra Law Review
Lawyering can be humdrum and routine, or it can be exciting and dangerous (or anywhere in between). Hofstra's sixth major conference on legal ethics' focused on the exciting and dangerous parts. The title of the conference was "Lawyering at the Edge: Unpopular Clients, Difficult Cases, Zealous Advocates." The extraordinary roster of nineteen speakers featured both practicing lawyers and outstanding scholars. The practicing lawyers described their own personal experiences lawyering at the edge, while the scholars examined the inspiring stories of lawyers who have exhibited remarkable courage.
Freedom Of The Press For Whom? The Question To Be Answered In Our Critical Juncture, Robert W. Mcchesney
Freedom Of The Press For Whom? The Question To Be Answered In Our Critical Juncture, Robert W. Mcchesney
Hofstra Law Review
No abstract provided.
Justice Scalia And His Meta-Cannon Of Absurdity, Ella Govshtein
Justice Scalia And His Meta-Cannon Of Absurdity, Ella Govshtein
Hofstra Law Review
No abstract provided.
Representing Capital Clients And The Elusive Quest For "Meaningful Access To Justice", Glenda G. Grace
Representing Capital Clients And The Elusive Quest For "Meaningful Access To Justice", Glenda G. Grace
Hofstra Law Review
No abstract provided.
Unethical Obedience By Subordinate Attorneys: Lessons From Social Psychology, Andrew M. Perlman
Unethical Obedience By Subordinate Attorneys: Lessons From Social Psychology, Andrew M. Perlman
Hofstra Law Review
This Article explores the lessons that we can learn from social psychology regarding a lawyer's willingness to comply with authority figures, such as senior partners or deep-pocketed clients, when they make unlawful or unethical demands. The Article reviews some of the basic literature in social psychology regarding conformity and obedience, much of which emphasizes the importance of context as a primary factor in predicting people's behavior. The Article then contends that lawyers frequently find themselves in the kinds of contexts that produce high levels of conformity and obedience and low levels of resistance to illegal or unethical instructions. The result …
Domestic Agreements, Brian Bix
Judges As Umpires, Theodore A. Mckee
Prosecutors And Corrupt Science, Kevin C. Mcmunigal
Prosecutors And Corrupt Science, Kevin C. Mcmunigal
Hofstra Law Review
No abstract provided.
Preamble Preemption And The Challenged Role Of Failure To Warn And Defective Design Pharmaceutical Cases In Revealing Scientific Fraud, Marketing Mischief, And Conflicts Of Interest, Teresa Curtin, Ellen Relkin
Preamble Preemption And The Challenged Role Of Failure To Warn And Defective Design Pharmaceutical Cases In Revealing Scientific Fraud, Marketing Mischief, And Conflicts Of Interest, Teresa Curtin, Ellen Relkin
Hofstra Law Review
No abstract provided.
Small Cap Companies And The Diamond In The Rough Theory: Dispelling The Ipo Myth And Following The Regulation A And Reverse Merger Examples, Gariel Nahoum
Hofstra Law Review
No abstract provided.
Are We Still Americans?, Eric Lane
Fighting Fire With Fire: Private Attorneys Using The Same Investigative Techniques As Government Attorneys: The Ethical And Legal Considerations For Attorneys Conducting Investigations, Gerald B. Lefcourt
Hofstra Law Review
No abstract provided.
The Chilling Effect That The Threat Of Sanctions Can Have On Effective Representation In Capital Cases, Richard P. Mauro
The Chilling Effect That The Threat Of Sanctions Can Have On Effective Representation In Capital Cases, Richard P. Mauro
Hofstra Law Review
No abstract provided.
Competitor And Other "Finite-Pie" Conflicts, Charles W. Wolfram
Competitor And Other "Finite-Pie" Conflicts, Charles W. Wolfram
Hofstra Law Review
No abstract provided.
Access To The Media - A Contemporary Appraisal, Jerome A. Barron
Access To The Media - A Contemporary Appraisal, Jerome A. Barron
Hofstra Law Review
No abstract provided.
The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker
The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker
Hofstra Law Review
No abstract provided.
Media Policy And Free Speech: The First Amendment At War With Itself, Ellen P. Goodman
Media Policy And Free Speech: The First Amendment At War With Itself, Ellen P. Goodman
Hofstra Law Review
Two principal pillars of media policy are communications and copyright law. In each discipline, there are pluralists who seek greater public access to the means of communications (communications policy pluralists) and communicative content (copyright pluralists). Historically, communications policy pluralists have sought government interventions in the marketplace in order to increase access to mass communications. Copyright pluralists, by contrast, have fought against regulatory interventions they argue unduly strengthen the rights of copyright holders to deny access to content. In pursuing these strategies, the pluralists have used First Amendment arguments that are in tension with each other and ultimately unavailing in the …
Self Help, The Media And The First Amendment, David Kohler
Self Help, The Media And The First Amendment, David Kohler
Hofstra Law Review
No abstract provided.
Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian
Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian
Hofstra Law Review
Forty years ago, Professor Jerome Barron made the classic case that the First Amendment requires not merely protection of speech against government interference but provision of access to the means of mass communication. The Supreme Court in the ensuing decades has largely rejected Barron's approach. In this article, Professor Magarian defends Barron's case for access rights against the two theoretical critiques that have underwritten its doctrinal rejection. The libertarian critique attacks the normative underpinnings of access rights, maintaining that the First Amendment insulates market-driven distributions of expressive opportunities. Professor Magarian demonstrates that politically progressive and conservative libertarian critics of access …
A Listener's Free Speech, A Reader's Copyright, Malla Pollack
A Listener's Free Speech, A Reader's Copyright, Malla Pollack
Hofstra Law Review
Despite the Supreme Court's repeated use of free speech doctrine to derail media reforms, some reform is possible. As Jerome A. Barron recognized, the Court's central error is hypothesizing a romanticized speaker. The Court's copyright jurisprudence is similarly marred by its congruent focus on a romanticized author. The original and continuing central purpose of both copyright and free speech is the wide distribution of material to citizens especially when politically relevant information and opinions are involved. The Constitution's copyright clause, Article I, section 8, clause 8, allows Congress the power to enact only such statutes as encourage the progress (meaning …
The Lawyer's "Conscience" And The Limits Of Persuasion, Abbe Smith
The Lawyer's "Conscience" And The Limits Of Persuasion, Abbe Smith
Hofstra Law Review
No abstract provided.
The Flood: Political Economy And Disaster, Mari Matsuda
The Flood: Political Economy And Disaster, Mari Matsuda
Hofstra Law Review
No abstract provided.
Federal Student Loan Repayment Assistance For Public Interest Lawyers And Other Employees Of Governments And Nonprofit Organizations, Philip G. Schrag
Federal Student Loan Repayment Assistance For Public Interest Lawyers And Other Employees Of Governments And Nonprofit Organizations, Philip G. Schrag
Hofstra Law Review
In the College Cost Reduction and Access Act of 2007, Congress has created the income-based repayment (IBR) plan for student loans, through which graduates with high debts and low incomes may substantially reduce their monthly loan repayment obligations. Congress has also created a public service loan forgiveness plan, through which the federal government will forgive the remaining debt of borrowers who make 120 IBR (or certain other) payments while serving full time in public service jobs (very broadly defined). These programs are available to those who borrowed for graduate and professional training as well as for undergraduate education. These two …
Client Choice, Contractual Restraints, And The Market For Legal Services, Robert W. Hillman
Client Choice, Contractual Restraints, And The Market For Legal Services, Robert W. Hillman
Hofstra Law Review
The freedom of clients to discharge their lawyers at any time, with or without cause, greatly facilitates competition among lawyers. An era of lawyer mobility that has destabilized law firms and rewarded lawyers able to command the loyalty of their clients rests on the simple and largely unquestioned premise that clients should be free to discharge their lawyers, with or without cause and even, under most circumstances, in contravention of contract. This Article explores the norm of client choice and its impact on the market for legal services. It discusses the historical foundations of the norm, the policy reasons for …
Holding The Due Process Line For Asylum, Linda Kelly Hill
Holding The Due Process Line For Asylum, Linda Kelly Hill
Hofstra Law Review
No abstract provided.
Judges As Humans: Interdisciplinary Research And The Problems Of Institutional Design, Chad M. Oldfather
Judges As Humans: Interdisciplinary Research And The Problems Of Institutional Design, Chad M. Oldfather
Hofstra Law Review
The article takes up the question of how best to put the increasing amount of interdisciplinary scholarship on courts and judges to work in service of institutional design and reform. The analysis focuses on the analysis from a recent book, Judges and Their Audiences: A Perspective on Judicial Behavior, by Lawrence Baum. The book provides an appropriate vehicle for this analysis because of what might be called its multi-interdisciplinarity. In it, Baum, a political scientist, draws on social psychology to critique political science models of judicial behavior.
I argue that analyses such as Baum's are important not only for their …
Economics Of Electronic Waste Disposal Regulations, Heather L. Drayton
Economics Of Electronic Waste Disposal Regulations, Heather L. Drayton
Hofstra Law Review
Options to prevent electronic waste from landfill disposal include recycling, reuse, and disposal bans. Governments around the world are taking several approaches to the problem of electronic waste disposal. This Note examines these systems and conducts an economic analysis of each method. The evaluation from an economic perspective focuses on United States policy and state implementation of electronic waste regulations. Part II explains the realities of the problems associated with electronic waste including export of electronic waste to less developed countries. Part III discusses United States federal policy and its existing regulatory scheme pertaining to electronic waste. Part IV analyzes …
The Impact Of A Knee-Jerk Reaction: The Patriot Act Amendments To The Foreign Intelligence Surveillance Act And The Ability Of One Word To Erase Established Constitutional Requirements, Joshua H. Pike
Hofstra Law Review
No abstract provided.
Reflections On The First Years Of The International Criminal Court, Claude Jorda
Reflections On The First Years Of The International Criminal Court, Claude Jorda
Hofstra Law Review
No abstract provided.
How To Make A Patent Market, Mark A. Lemley, Nathan Myhrvold
How To Make A Patent Market, Mark A. Lemley, Nathan Myhrvold
Hofstra Law Review
Imagine a stock market in which buyers and sellers couldn't find out the prices at which anyone else sold a share of stock. If you wanted to buy (or sell) a share of stock, you'd have to guess what it was worth. The result, everyone would agree, would be massively inefficient. Willing buyers and sellers would often miss each other. Patents, however, exist in just such a blind market. Want to know if you're getting a good deal on a patent license, or acquiring rights in a technology? Too bad. Even if that patent or ones like it have been …