Law Commons^™

Finding Common Ground: How Inclusive Language Can Account For The Diversity Of Sexual Minority Populations In The Employment Non-Discrimination Act, Meredith R. Palmer

Hofstra Law Review

No abstract provided.

Responsible Environmental Behavior, Energy Conservation, And Compact Fluorescent Bulbs: You Can Lead A Horse To Water, But Can You Make It Drink?, Hope M. Babcock

Hofstra Law Review

No abstract provided.

Legal Turmoil In A Factious Colony: New York, 1664-1776, William E. Nelson

Hofstra Law Review

No abstract provided.

The Social Bases Of Climate Change Knowledge, Concern, And Policy Support In The U.S. General Public, Aaron M. Mccright

Hofstra Law Review

No abstract provided.

An Attorney-Client Privilege For Embattled Tax Practitioners: A Legislative Response To Uncertain Legal Counsel, William H. Volz, Theresa Ellis

Hofstra Law Review

No abstract provided.

Discovering Secrets: Act Of State Defenses To Bribery Cases, Elizabeth Spahn

Hofstra Law Review

Prosecution of white collar crime, particularly grand corruption bribery, is increasing. High-level bribery is structurally similar to illegal drug cartels and terrorist organizations. Bribe-givers are serviced by multinational networks of attorneys and bankers – the “gatekeepers”.

The prosecution of New York attorney and banker, James H. Giffen, in the Southern District of New York generated a pair of landmark opinions on significant issues of first impression rejecting act of state doctrine defenses to bribery cases. Act of state doctrine defenses involve complex legal issues at obscure intersections of U.S. criminal law, constitutional law, conflicts of law, and international comity.

The …

Uniform Collaborative Law Act, National Conference Of Commissioners On Uniform State Laws

Hofstra Law Review

This prefatory note is designed to facilitate understanding of the Uniform Collaborative Law Act by:

* providing an overview of what collaborative law is, its growth and development, and its benefits to parties, the public, and the legal profession;

* summarizing main provisions of the Uniform Collaborative Law Act;

* discussing the major policy issues addressed during the act's development and drafting-for example, appropriate scope of regulation, informed consent, and domestic violence; and

* identifying the reasons why the Uniform Collaborative Law Act should be a uniform act.

The text of the act, with comments on specific sections, follows this …

The Uniform Collaborative Law Act's Contribution To Informed Client Decision Making In Choosing A Dispute Resolution Process, Forrest S. Mosten, John Lande

Hofstra Law Review

This Article describes how lawyers can implement the requirements of the Uniform Collaborative Law Act to obtain clients’ informed consent. The Act requires lawyers to obtain clients’ informed consent before undertaking a Collaborative representation but does not specify the information that lawyers must discuss with prospective Collaborative parties. To flesh out the Act’s requirements, this Article describes how lawyers should analyze the facts and parties’ interests, screen the appropriateness of dispute resolution processes, analyze the reasonably available dispute resolution options, and discuss the Collaborative process with clients. It specifically addresses privacy issues including privilege, confidentiality, and full disclosure requirements. This …

The Uniform Collaborative Law Act As A Teaching Tool, Harry L. Tindall, Jennie R. Smith

Hofstra Law Review

No abstract provided.

Giving Public Opinion The Process That Is Due: What The Supreme Court Can Learn From Its Eighth Amendment Jurisprudence, Rebecca Wilhelm

Hofstra Law Review

No abstract provided.

Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh

Hofstra Law Review

The unexpected willingness of local governments to engage in climate change mitigation has occasioned a flurry of reflection and debate about whether local efforts are meaningful, what the implications of local climate change initiatives are for theories of environmental federalism, and how the motivations of local actors can be understood. Additionally, there has been much discussion about the efficacy of local actions and the appropriate role for local governments in addressing the climate change problem.

This Idea does not consider which level of government is best suited to address or attempt to define the optimal role of local governments with …

Reciprocity And Environmental Obligations, Leslie P. Francis

Hofstra Law Review

No abstract provided.

Redefining The Legal Family: Protecting The Rights Of Coparents And The Best Interests Of Their Children, Marissa Wiley

Hofstra Law Review

No abstract provided.

The Ethical Responsibility To Reduce Energy Consumption, John C. Dernbach, Donald A. Brown

Hofstra Law Review

This Article argues that developed countries have an ethical responsibility to reduce energy consumption - through energy efficiency and conservation - as part of the global effort to reduce greenhouse gas emissions. While this responsibility is borne by nations themselves, it has consequences for the individuals living in those nations. This Article also argues that developing countries have different duties concerning energy consumption. Their responsibility to improve human quality of life will mean greater use of modern energy, especially when it is not now available. At the same time, developing countries should use energy efficiency and conservation when it is …

A Vision For Collaborative Practice: The Final Report Of The Hofstra Collaborative Law Conference, J. Herbie Difonzo

Hofstra Law Review

In November 2009, Hofstra University School of Law’s Center for Children, Families and the Law hosted a Conference on the Uniform Collaborative Law Act, in conjunction with the Uniform Law Commission, the Association of Family and Conciliation Courts, the International Academy of Collaborative Professionals ("IACP"), and the American Bar Association Section of Dispute Resolution. This event marked the first time a law school has sponsored a conference exclusively focusing on the innovative practice of collaborative law.

The goal of the Conference was to assess collaborative practice in light of the adoption of the Uniform Collaborative Law Act (“UCLA”). This Report …

The Significance Of The Shift Toward As-Applied Challenges In Election Law, Joshua A. Douglas

Hofstra Law Review

Last Term, the Supreme Court decided two election law cases that had significant implications for the ability of political actors to bring challenges to a state's election regime. In Washington State Grange v. Washington State Republican Party and Crawford v. Marion County Election Board (the voter ID case), the Court rejected facial challenges to the laws and boldly stated that political actors may only challenge election laws as applied. In essence, this means that voters and others no longer can achieve pre-election, prospective relief, instead having to endureat least one election cycle under a law that might be invalid as …

Pro Bono Publico In A Parallel Universe: The Meaning Of Pro Bono In Solo And Small Law Firms, Leslie C. Levin

Hofstra Law Review

This article looks at pro bono and "low bono" (reduced fee) work in the solo and small firm law firm context, compares it to the large firm experience, and considers the implications for access to justice in the U.S. It starts by describing the significant differences between pro bono as performed in large firms and in solo and small firms. It then describes the history and bar politics that led to ABA Model Rule 6.1, which reflects the elite (i.e., large law firm) views of pro bono, and seemingly devalues the pro bono work that solo and small firm lawyers …

Facts Do Matter: A Reply To Bagenstos, Gregory Mitchell, Phillip E. Tetlock

Hofstra Law Review

This essay replies to critics of our earlier article reviewing efforts to apply psychological research on implicit bias to antidiscrimination law. We document that we do not hold the normative position ascribed to us by our leading critic, Professor Bagenstos, and that he misconstrued our scientific arguments and has accepted at face value empirically unsubstantiated claims about the power of millisecond-reaction-time measures to predict behavior in workplaces. Scholars, judges, regulators, and legislators who seek to combat the root causes of inequality effectively should attend carefully to the disputes surrounding the empirical assessment and theoretical modeling of implicit bias and consider …

Rights Of The Dead, Kirsten Rabe Smolensky

Hofstra Law Review

This article examines how decedents are treated across a variety of legal disciplines and asks why the law gives the dead certain legal rights but not others. For example, survival statutes allow certain tort claims to be brought after death, most non-personal contracts (except those personal in nature) survive death, and at least one court has suggested that the dead have a nascent constitutional right to reproductive liberty. In contrast, testamentary directions concerning the disposal of property are sometimes ignored and some states disallow posthumous right of publicity or defamation claims. Many legal rules favoring the dead could be explained …

Sec Rule 10b5-2: A Call For Revitalizing The Commission's Efforts In The War On Insider Trading, Michael G. Capeci

Hofstra Law Review

No abstract provided.

The End Of An Era: Closing The Exclusionary Debate Under Herring V. United States, Sean D. Doherty

Hofstra Law Review

No abstract provided.

Energy And The Environment: Empowering Consumers, Katrina Fischer Kuh

Hofstra Law Review

Individual consumers and the local governments that serve them are at the center of the energy-environment equation. Consumers experience the fruits of energy and environmental policies--whether those policies damage the environment and imperil environmental goods or protect the environment but perhaps impose higher costs on consumers--and are in a unique position to influence energy policy and environmental outcomes through their political, behavioral, and consumption choices. In the United States, the individual and household sector generates, by some estimates, thirty to forty percent of GHG emissions. And the harms from individual behaviors and consumption with respect to a wide range of …

Climate Change, Causation, And Delayed Harm, Eric Biber

Hofstra Law Review

No abstract provided.

Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Pelman Ostrow

Hofstra Law Review

This Article proposes a federal wind siting policy modeled on the cooperative federalism framework of the Telecommunication Siting Policy. Part II describes some advantages of wind energy, focusing specifically on the environmental, economic, and social benefits. This Part also discusses several technical obstacles to wind energy development, including the need to supplement wind energy with conventional energy sources and the lack of adequate transmission infrastructure.

Part III assesses the current regulatory regime for the siting of wind turbines, reviewing general practices across the United States at both the state and local levels. Although a number of states have been active …

What's So Civil About Civil Commitment?: Balancing The State's Interest In Treating Substance Dependence With The Protection Of Individual Liberty Interests, Rebecca L. Abensur

Hofstra Law Review

No abstract provided.

Cracking Open The Golden Door: Revisiting U.S. Asylum Law's Response To China's One-Child Policy, Sean T. Masson

Hofstra Law Review

No abstract provided.

Resolving The Conflict Between Jewish And Secular Estate Law, Benjamin C. Wolf

Hofstra Law Review

No abstract provided.

Small Is The New Biglaw: Some Thoughts On Technology, Economics, And The Practice Of Law, Glenn Harlan Reynolds

Hofstra Law Review

This paper looks at technological and economic changes affecting lawyers, and their effect on the competitiveness of large law firms. It explores methods of unbundling big law firm features, and providing similar services on a more ad hoc basis. In addition, it considers whether current legal education is properly preparing students for a world in which large law firms will be much less dominant. Based on a talk given at Hofstra Law School in March of 2009.

What The Law Should (And Should Not) Learn From Child Development Research, Emily Buss

Hofstra Law Review

No abstract provided.

The Case Of The Headless Baby: Did Interracial Sex In The Massachusetts Bay Colony Lead To Infanticide And The Earliest Habeas Corpus Petition In America?, Melinde Lutz Sanborn

Hofstra Law Review

No abstract provided.