Law Commons^™

Blockchain Jenga: The Challenges Of Blockchain Discovery And Admissibility Under The Federal Rules, Emily Knight

Hofstra Law Review

No abstract provided.

Your Personal Health Information May Have Been Compromised: Using Encryption To Prevent Data Breaches On End-User Devices, Nina Patel

Hofstra Law Review

No abstract provided.

Wage War: Arbitration And Class Action Waivers At The Expense Of Wage And Hour Claims, Brittany Cangelosi

Hofstra Law Review

No abstract provided.

Front Matter

Hofstra Law Review

No abstract provided.

Bitter Beer Face: Are Beer Conglomerates Violating New York Consumer Protection Laws?, Christopher R. Deubert

Hofstra Law Review

This Article examines the potential legal implications under New York consumer protection laws of the growth in the beer industry: specifically, the battle between the craft beer industry and its large corporate competitors over labeling and advertising. This Article proceeds in four Parts: Part II summarizes the growth and consolidation of the craft beer industry; Part III explains federal regulation of beer labeling; Part IV explains New York State's regulation of beer labeling; and Part V examines the application of New York consumer protection laws to the labeling practices of the beer industry. This Article concludes with the determination that …

Vice Presidential Inability: Why It Matters And What To Do When It Occurs, Roy E. Brownell Ii

Hofstra Law Review

No abstract provided.

Are Premarital Agreements Really Unfair?: An Empirical Study, Elizabeth R. Carter

Hofstra Law Review

Are premarital agreements categorically unfair? Critics of premarital agreements cling to the (unfounded) belief that premarital agreements are categorically one-sided, coercive, and designed to benefit the wealthier spouse -- usually the man. Courts, legislators, and scholars have too often relied on assumptions about premarital agreements without delving in to the facts. They have looked almost everywhere to support their views, except for the one place that really matters: the actual agreements. The result, predictably, is a paternalistic system predicated on a near religious belief that women who sign premarital agreements are uneducated, unsophisticated, economically dependent actors who need the state …

The Fundamental Right To Technology, Haochen Sun

Hofstra Law Review

Waves of technological progress in recent decades have tremendously improved quality of life. Meanwhile, concerns about technology-driven injustices, such as unfair distribution of wealth and racial discrimination, have deepened. Experts have cautioned that new technologies could have potentially devastating effects, claiming for instance that artificial intelligence may lead to World War III. We are at a crossroads, and how we harness technology now will determine the future of humanity.

This Article presents a thought experiment, proposing that a new fundamental right to technology be recognized under the U.S. Constitution. Given that technology is of fundamental importance to human dignity and …

End Matter

Hofstra Law Review

No abstract provided.

Keeping Up With A Kardashian: Shedding Legal Educations' Vestigial Trade School Anxiety And Replacing The Dated Casebook Method With Modern Case-Based Learning, Jason G. Dykstra

Hofstra Law Review

Kim Kardashian West's choice to pursue her legal studies via a modernized version of apprenticeship rather than by attending law school represents an alarming vote of no-confidence in the efficacy of current legal education. Simply, legal education remains surprisingly and needlessly static despite decades of harsh criticism and the heightened velocity of change that has enveloped the legal industry. From big law to rural practitioners, the traditional law firm model proved ripe for disruption. This disruption is fueled by several discrete changes in how legal services are provided that cumulatively generated a substantial disruption across the board. They include technological …

Front Matter

Hofstra Law Review

No abstract provided.

Trump's Angry White Women: Motherhood, Nationalism, And Abortion, Yvonne Lindgren

Hofstra Law Review

A majority of white women-- fifty-two percent-- voted for Donald Trump in the 2016 presidential election. White working-class women supported Trump in even greater numbers: sixty-one percent of white women without college degrees voted for Trump. This result seems remarkable considering Trump's derogatory statements about women and his staunch opposition to legal access to abortion. Why did white women, especially those most likely to need access to reproductive healthcare-- poor and working-class women-- vote heavily against their own interests to embrace a candidate who called for punishing women who access abortion? Much recent commentary has considered this question and drawn …

End Matter

Hofstra Law Review

No abstract provided.

Prevention Not Punishment: Child Victims Of Sex Trafficking Must Be Treated Not Detained, Juliana Spano

Hofstra Law Review

No abstract provided.

Revisiting Masterpiece Cakeshop - Free Speech And The First Amendment: Can Political Correctness Be Compelled, Terri R. Day

Hofstra Law Review

This Article questions whether religious objectors, who refuse to provide their services in facilitating a same-sex marriage, are discriminating on the basis of sexual orientation or refusing to adopt a politically correct, albeit legal, view of marriage. If the latter, then, compelling political correctness can have a boomerang effect, creating more LGBTQ discrimination. Given this administration's strong support for religious freedom and two new conservative justices on the Supreme Court, a legislative religious exemption in public accommodation laws may be safer for LGBTQ rights than risking a Supreme Court ruling constitutionally enshrining a religious right to discriminate.

After the Introduction …

With Great Technology Comes Great Responsibility: Why Smartphone Users' Biometric Data Needs To Be Protected, J. P. Raynal

Hofstra Law Review

No abstract provided.

Expert Witness Reports In Federal Civil Litigation: The Role Of The Attorney In The Expert Witness Report's Preparation, Arthur F. Greenbaum

Hofstra Law Review

Every day across America civil litigators in federal court work closely with experts to create required expert reports and hone expert testimony. Yet they do so without clear guidance as to the limits, if any, on their assistance. Despite an attempt in 2010 to clarify the rules in this area with amendments to the Federal Rules of Civil Procedure, that attempt has proven woefully inadequate. Today there is no consensus as to the line between proper assistance and lawyer overreaching. There are major areas of uncertainty over the means by which the degree of lawyer involvement can be discovered. While …

Is It So Easy A Monkey Can Do It: Joint Works And The Unintended Collaborator, Sabrina J. Salama

Hofstra Law Review

No abstract provided.

Abolition Of Immigrant Family Detention: Tracing An Evolving Standard Of Decency From Separation Through Imprisonment, Daniel Hatoum

Hofstra Law Review

No abstract provided.

Instead Of Treated They Get Fees: A Hard Knock Life For Indigent Criminal Defendants And The Need For Unbiased Determinations Of Indigent Status, Matthew Trudeau

Hofstra Law Review

No abstract provided.

Front Matter

Hofstra Law Review

No abstract provided.

Between Formalism And Discretion: Measuring Trends In Supreme Court Rhetoric, Michal Alberstein, Limor Gabay-Egozi, Bryna Bogoch

Hofstra Law Review

This is the first study to use an empirical quantitative analysis to determine the nature of formalism in court decisions. Our analysis has revealed the complex interplay between different types of formalism in Supreme Court of Israel decisions and provides a new way of addressing a jurisprudential issue that has been debated by legal scholars for centuries.

The aspiration for formality is an integral element of judicial decision writing. Judges are expected to decide cases based on rules, with limited discretion and choice, using professional, dispassionate, and impersonal language. At the same time, deviation from formalism, which reflects personal expression …

Melville's Billy Budd And Plato's Republic: Sea Captains And Philosopher-Kings, Robert Atkinson

Hofstra Law Review

This article shows how Melville's Billy Budd, rightly one of law and literature's most widely studied canonical texts, answers Plato's challenge in Book X of the Republic: Show how "poets" create better citizens, especially better rulers, or banish them from the commonwealth of reasoned law. Captain Vere is a flawed but instructive version of the Republic's philosopher-king, even as his story is precisely the sort of "poetry" that Plato should willingly allow, by his own republican principles, into the ideal polity. Not surprisingly, the novella shows how law's agents must be wise, even as their law must …

Originalism: Privileges V. Fundamental Values, C. M. A. Mc Cauliff

Hofstra Law Review

No abstract provided.

You're Fake News: Preserving Both Free Speech And Defamation Lawsuits, Christopher M. Abiuso

Hofstra Law Review

No abstract provided.

Yoder's Legacy, Mark Strasser

Hofstra Law Review

No abstract provided.

A Bitter Pill To Swallow: The Need For A Clearly-Defined Course Of Professional Practice When Prescribing Opioids For The Legitimate Medical Purpose Of Treating Pain, Brendan Lopuzzo

Hofstra Law Review

No abstract provided.

Weathering The Second Storm: How Bureaucracy And Fraud Curtailed Homeowners' Efforts To Rebuild After Superstorm Sandy, Veronica Pareja

Hofstra Law Review

No abstract provided.

Ethics And Government Lawyering In Current Times, Richard W. Painter

Hofstra Law Review

No abstract provided.

To Explore Outer Space: The Intellectual Property Frontier For Patents, Alexandra M. Davidson

Hofstra Law Review

No abstract provided.