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Between The Facts And Norms Of Police Violence: Using Discourse Models To Improve Deliberations Around Law Enforcement, Franciska Coleman Dec 2018

Between The Facts And Norms Of Police Violence: Using Discourse Models To Improve Deliberations Around Law Enforcement, Franciska Coleman

Hofstra Law Review

Police violence and protests of police violence have become a common feature of today's news cycles and have led to widespread critique and distrust of the law enforcement apparatus and police practice. States and municipalities have responded to the delegitimization of police practice with community-police dialogues. This Article argues that such dialogues can only restore the legitimacy of the police practice if they are deliberative in the Habermasian sense and also address the entrenched power asymmetries between communities and the police. This Article uses the community listening sessions of the Minnesota Governor's Council on Law Enforcement and Community Relations to …


Throwing The Book At Irresponsible Coaches: The Need For Consistent Pitch Limit Laws In Amateur Sports, Sam C. Ehrlich, John T. Holden Dec 2018

Throwing The Book At Irresponsible Coaches: The Need For Consistent Pitch Limit Laws In Amateur Sports, Sam C. Ehrlich, John T. Holden

Hofstra Law Review

No abstract provided.


The Paradox Of Regulating Lobbying Through Legislation, Shirley Naveh Dec 2018

The Paradox Of Regulating Lobbying Through Legislation, Shirley Naveh

Hofstra Law Review

No abstract provided.


Front Matter Dec 2018

Front Matter

Hofstra Law Review

No abstract provided.


End Matter Dec 2018

End Matter

Hofstra Law Review

No abstract provided.


Ending Innocence Denying, Lara Bazelon Dec 2018

Ending Innocence Denying, Lara Bazelon

Hofstra Law Review

Prosecutors, the most powerful actors in the criminal justice system, also have the most difficult job: they must be "ministers of justice." A prosecutor's core mission is to vindicate the truth, rather than strive to "win" by accumulating a track record of convictions. When evidence somes to light suggesting that a wrongful conviction has occurred, a prosecutor's ethical obligation requires admitting to a terrible mistake and working to undo it. Many conscientious prosecutors accept this responsibility and confess to their errors. But too many do not. They insist, in the face of overwhelming evidence to the contrary, that wrongfully convicted …


It's Now Persuasion, Not Coercion: Why Current Law On Labor Protest Violates Twenty-First Century First Amendment Law, Michael J. Hayes Dec 2018

It's Now Persuasion, Not Coercion: Why Current Law On Labor Protest Violates Twenty-First Century First Amendment Law, Michael J. Hayes

Hofstra Law Review

No abstract provided.


The Iran Nuclear Deal: The Ethics Of Negotiations With A State That Routinely Violates Its Legal Obligations, David S. Jonas Dec 2018

The Iran Nuclear Deal: The Ethics Of Negotiations With A State That Routinely Violates Its Legal Obligations, David S. Jonas

Hofstra Law Review

No abstract provided.


No Longer Private: On Human Rights And The Public Facet Of Social Network Sites, Noa Mor Dec 2018

No Longer Private: On Human Rights And The Public Facet Of Social Network Sites, Noa Mor

Hofstra Law Review

No abstract provided.


Originalism As Fable (Reviewing Eric Segall, Originalism As Faith), Jeremy Telman Dec 2018

Originalism As Fable (Reviewing Eric Segall, Originalism As Faith), Jeremy Telman

Hofstra Law Review

Eric Segall's Originalism as Faith provides both a history of the originalist movement in constitutional interpretation and a critique of that movement from the perspective of legal realism. This Review Article summarizes Segall's main argument: as originalism has abandoned deference to the political branches, it has become indistinguishable from its nemesis, living constitutionalism. Emptied of substance, originalism becomes nothing more than an expression of faith. Segall makes his argument very convincingly, evidencing both his knowledge of originalism, in all its variants, and his mastery of constitutional doctrine.

This Article offers two ways in which Segall's exemplary work might be supplemented. …


Any Man Can Be A Father, But Should A Dead Man Be A Dad: An Approach To The Formal Legalization Of Posthumous Sperm Retrieval And Posthumous Reproduction In The United States, Jean Denise Krebs Dec 2018

Any Man Can Be A Father, But Should A Dead Man Be A Dad: An Approach To The Formal Legalization Of Posthumous Sperm Retrieval And Posthumous Reproduction In The United States, Jean Denise Krebs

Hofstra Law Review

No abstract provided.


Transgender Beneficiaries: In Becoming Who You Are, Do You Lose The Benefits Attached To Who You Were, Ashleigh C. Rousseau Dec 2018

Transgender Beneficiaries: In Becoming Who You Are, Do You Lose The Benefits Attached To Who You Were, Ashleigh C. Rousseau

Hofstra Law Review

Suppose William Smith, father of Joseph Smith, executes a will to leave his estate to his children. In his will, the phrase "to my son, Joseph" is used, preceding a bequest for property. Before William dies, Julia embraces her transgender identity, obtains a lawful name change to Julia, obtains a lawful gender marker change, and undergoes sex confirmation surgery. William dies, and his estate is divided. Is Julia still entitled to Joseph's portion of William's estate? In embracing her transgender identity, is she deprived of her right to inherit?


The Textalyzer: The Constitutional Cost Of Law Enforcement Technology, Christian Curran Sep 2018

The Textalyzer: The Constitutional Cost Of Law Enforcement Technology, Christian Curran

Hofstra Law Review

No abstract provided.


Selected Historical Bibliography On African American Women's Activism (Focusing On 1880 To 1920), Susan D. Carle Sep 2018

Selected Historical Bibliography On African American Women's Activism (Focusing On 1880 To 1920), Susan D. Carle

Hofstra Law Review

No abstract provided.


Movement Lawyering Reading Guide, Purvi Shah Sep 2018

Movement Lawyering Reading Guide, Purvi Shah

Hofstra Law Review

No abstract provided.


Symposium Introduction, Ellen Yaroshefsky Sep 2018

Symposium Introduction, Ellen Yaroshefsky

Hofstra Law Review

This symposium presents case studies of the often difficult ethical and tactical issues confronted by lawyers for social justice movements. These case studies were developed by the pairing of movement lawyers with legal ethicists and enriched by the discussions at the Movement Lawyering Ethics Roundtable. They seek to provide guidance to lawyers facing these recurrent issues. This issue also includes an essay entitled "Rebuilding the Ethical Compass of Law" and reading guides with selected bibliographies.


Case Study 2: Advising Governance Structures, Bruce A. Green, Marci Seville Sep 2018

Case Study 2: Advising Governance Structures, Bruce A. Green, Marci Seville

Hofstra Law Review

No abstract provided.


The Aba Guidelines: The Arizona Experience, Larry Hammond, Robin M. Maher Sep 2018

The Aba Guidelines: The Arizona Experience, Larry Hammond, Robin M. Maher

Hofstra Law Review

No abstract provided.


End Matter Sep 2018

End Matter

Hofstra Law Review

No abstract provided.


Front Matter Sep 2018

Front Matter

Hofstra Law Review

No abstract provided.


Rebuilding The Ethical Compass Of Law, Purvi Shah Sep 2018

Rebuilding The Ethical Compass Of Law, Purvi Shah

Hofstra Law Review

No abstract provided.


Case Study 1: Movement Groups With Flat, Innovative Governance Structures, Meena Jagannath, Sameer Ashar Sep 2018

Case Study 1: Movement Groups With Flat, Innovative Governance Structures, Meena Jagannath, Sameer Ashar

Hofstra Law Review

No abstract provided.


Case Study 3: Movement Lawyers And Community Organizers In Litigation: Issues Of Finances And Collaboration, Paul R. Tremblay, Baher Azmy Sep 2018

Case Study 3: Movement Lawyers And Community Organizers In Litigation: Issues Of Finances And Collaboration, Paul R. Tremblay, Baher Azmy

Hofstra Law Review

No abstract provided.


Case Study 4: Lawyer For A Coalition Of Organizations With An Informal Leader, Scott L. Cummings, Michael Haber Sep 2018

Case Study 4: Lawyer For A Coalition Of Organizations With An Informal Leader, Scott L. Cummings, Michael Haber

Hofstra Law Review

No abstract provided.


Case Study 5: Coalitions And Campaigns A Workers' Rights Policy Campaign, Susan D. Carle, Sarah Leberstein Sep 2018

Case Study 5: Coalitions And Campaigns A Workers' Rights Policy Campaign, Susan D. Carle, Sarah Leberstein

Hofstra Law Review

No abstract provided.


Case Study 6: Working With Traditional Lawyers, Katherine R. Kruse, Mary Yanik Sep 2018

Case Study 6: Working With Traditional Lawyers, Katherine R. Kruse, Mary Yanik

Hofstra Law Review

No abstract provided.


Introduction: System Perspectives On The Guidelines, Eric M. Freedman Sep 2018

Introduction: System Perspectives On The Guidelines, Eric M. Freedman

Hofstra Law Review

No abstract provided.


A View Of The Aba Death Penalty Defense Representation Guidelines From The Prosecution's Table, Matthew Redle Sep 2018

A View Of The Aba Death Penalty Defense Representation Guidelines From The Prosecution's Table, Matthew Redle

Hofstra Law Review

No abstract provided.


The Pre-Sullivan Common Law Web Of Protection Against Political Defamation Suits, James Maxwell Koffler Sep 2018

The Pre-Sullivan Common Law Web Of Protection Against Political Defamation Suits, James Maxwell Koffler

Hofstra Law Review

No abstract provided.


Realistic Assumptions In Economic Models, Jeff Todd Sep 2018

Realistic Assumptions In Economic Models, Jeff Todd

Hofstra Law Review

No abstract provided.