Law Commons^™

Auditing The Auditors: Overregulations Under The Sarbanes-Oxley Act, Sheila Krische

Hofstra Law Review

The article analyzes the constitutional authority of the SEC (U.S. Securities and Exchange Commission) and PCAOB (Public Company Accounting Oversight Board) to regulate auditors' examination practices, amidst recent scandals involving major auditing firms. It questions their statutory mandate and explores the balance between self-regulation and government oversight in the accounting profession.

Purple Or Pink: Time To Rethink The Availability Of Promethazine With Codeine, Deepa J. Shiwcharan

Hofstra Law Review

The article focuses on the availability of promethazine with codeine (CPHCS) without a prescription and its implications for misuse, particularly in the context of recreational drug use known as "pharming." It explores the prevalence of pharming, the legal status of CPHCS, and the associated risks and challenges.

Front Matter

Hofstra Law Review

No abstract provided.

Reimagining Lawyering: Supporting Well-Being And Liberation, Susan L. Brooks

Hofstra Law Review

Given the tremendous turmoil we continue to experience throughout the globe, the present moment calls on us as legal educators to reimagine how we teach and practice law to incorporate more heart-centered, purpose-driven, and embodied sources of wisdom. Our approach needs to center relationships and respect for the dignity of all human beings in mindful and wholehearted ways.

Taking A Mulligan On Golfer Liability For Damages To Adjacent People And Property: Why Existing Standards Are Too Defendant-Friendly, Michael Conklin, Andrew Tiger

Hofstra Law Review

This Article is the first of its kind to argue for a more expansive interpretation of golfer liability for damages caused to people and property adjacent to a golf course. To arrive at this conclusion, the latest in golf course computer modeling is applied to a recent $5 million jury verdict to demonstrate the considerable frequency of errant golf shots.

The A.I. Intellectual Property Office Of The Future: A Proposal To Grant Authorship And Inventorship Rights To A.I., Ally E. Kaden

Hofstra Law Review

The article focuses on addressing the challenges and opportunities presented by the advancement of artificial intelligence (A.I.) technology within the context of intellectual property laws in the U.S. It argues for the inclusion of A.I. as authors and inventors within copyright and patent laws, advocating for legal recognition and protection of A.I.-generated creative works and innovations.

Bridging The Gap Between International Investment Law And Human Rights, Amin R. Yacoub

Hofstra Law Review

The misapplication of vague international investment standards such as the Full Protection and Security has worsened the legitimacy crisis facing the Investor-State-Dispute-Settlement field. Such misapplication emanates from the fragmentation of international law in the investment arbitration field, the absence of stare decisis, and the lack of a unified interpretive methodology connecting relevant subfields of international law in investment arbitration.

Veto The Black-Box Politics: How Implementing Blockchain Technology Into The United States Voting System Will Give Our World The Transparency We Deserve, John J. Healy

Hofstra Law Review

The article focuses on the legal standards regarding golfer liability for damages to adjacent people and property caused by errant golf shots. It critiques existing defendant-friendly standards and proposes a strict-liability standard, arguing that it would be more appropriate given the potential dangers posed by golf. It discusses various jurisdictional approaches to golfer liability, highlighting inconsistencies and shortcomings in the current legal framework.

Hofstra Law Review

No abstract provided.

Terrible Freedom, Ambiguous Authenticity, And The Pragmatism Of The Endangered: Why Free Speech In Law School Gets Complicated, Len Niehoff

Hofstra Law Review

The article explores the complexities surrounding free speech in law schools, highlighting the challenges and controversies that arise in relation to guest speakers, student protests, student group agendas, faculty expression, and speech on student listservs. The author argues that understanding the dynamics of free speech in law schools requires considering factors such as the nature of private law schools, the suspension of authenticity, and the diverse life experiences of students.

How Law Schools Can Fight For Fearless Speech, Mary Anne Franks

Hofstra Law Review

The article explores the current challenges to free speech in educational institutions, particularly in the context of right-wing extremism and government censorship. It argues that law schools can play a crucial role in defending and promoting fearless speech by fostering open debate, challenging power dynamics, and creating processes for inclusive decision-making.

Comment, Francesca Procaccini

Hofstra Law Review

The article discusses the state of freedom of expression in American law schools and argues for a shift in perspective. The author suggests that the problem is not necessarily speech suppression, but rather speech timidity among students.It mentions that by training students in courageous speech, exposing them to controversial ideas, creating safer classroom environments, and recognizing that freedom of expression is connected to mental health.

The Corporation As A Chartered Government, David Ciepley

Hofstra Law Review

The article focuses on reevaluating the historical role of corporations, highlighting their original purpose of improving governance rather than just liability protection or property management. It explores how early scholars saw corporations as entities with legislative authority. It further argues for returning to this governmental perspective, shedding new light on corporate history and their connection to constitutional government.

Do You Even Know Me?: A.I. And It's Discriminatory Effects In The Hiring Process, Gianfranco Regina

Hofstra Law Review

The article focuses on the use of Artificial Intelligence (A.I.) in the hiring process and its potential discriminatory effects. It discusses the increasing use of A.I. in hiring, its potential for bias and discrimination, and the historical context of Title VII of the Civil Rights Act and disparate impact claims. It also suggests updating the Uniform Guidelines on Employee Selection Procedures (UGESP) to address discrimination in A.I. hiring processes.

Comment, Genevieve Lakier

Hofstra Law Review

The article explores the challenges law schools face in addressing speech norms and the increasing polarization of national politics and culture. It argues that the disagreements over speech norms are part of broader political transformations and should be seen as an inevitable aspect of societal change. The article suggests the need for law schools to navigate these issues by considering the political and pedagogical dimensions, and addressing the distribution of resources and opportunities.

The Next Gerneration Professional: An Opportunity To Reframe Legal Education To Center Student Wellness, Benjamin Afton Cavanaugh

Hofstra Law Review

The article discusses the challenges of mental wellness and mental health in legal education, particularly in law schools. It highlights issues like depression, anxiety, and stress among students and legal professionals. It emphasizes the need for reform in legal education to address these mental health concerns and advocates for a more comprehensive approach to promote well-being in the field.

Free Speech Rules, Free Speech Culture, And Legal Education, Eugene Volokh

Hofstra Law Review

The article explores the importance of fostering a culture of free speech and open-mindedness in law schools to effectively train future lawyers. It emphasizes the need for students to understand and engage with opposing arguments, to see the world from different perspectives, and to be willing to make arguments they may disagree with. It also discusses specific practices that can be implemented to promote thoughtful disagreement and encourage the exploration of controversial topics.

Comment On Freedom Of Expression In American Legal Education, Robert Post

Hofstra Law Review

The author argues that framing the tension in American law schools as a freedom of expression issue is unhelpful and inaccurate.It suggest that the core issue lies in the pedagogical question of how best to achieve the educational mission of law schools. It also mentions that the principles of free speech, which are essential for democratic self-governance. The author emphasizes the importance of empathy, and creative educational interventions in navigating the challenges faced by law schools.

Front Matter

Hofstra Law Review

No abstract provided.

Introduction: Freedom Of Expression At American Law Schools, Norman I. Silber

Hofstra Law Review

The article presents a compilation of papers and reflections from the Symposium on Freedom of Expression at American Law Schools.Topics include the importance of respectful and persuasive argumentation, the suppression of speech by state governments, and the role of free expression in legal education.

Comment On Free Speech In Law Schools, Erwin Chemerinsky

Hofstra Law Review

The article discusses the need for a new solution to address the issue of unruly property owners in common interest communities, such as condominiums and homeowners associations (HOAs). It mentiosns that the boards of these communities lack the ability to evict disruptive owners, which negatively impacts the quality of life for other residents. It mentions that the proposed solution is to introduce a bylaw that allows the board to evict property owners whose behavior disturbs the community.

Osha's Interaction With The Ada: How It Is Limiting Anti-Discriminatory Worker Protections, Danielle L. Jacobs

Hofstra Law Review

The article discusses the interaction between OSHA (Occupational Safety and Health Administration) regulations and the ADA (Americans with Disabilities Act) in the context of worker protections. It reports on a case involving firefighters with a facial hair condition and examines the conflict between safety regulations and anti-discrimination protections. It argues for a balance between workplace safety and accommodating employees with disabilities, suggesting the need for clearer guidance.

What A Board Wants, What A Board Needs: A New Way To Evict A Property Owner For Bad Behavior In Common Interest Communities, Amanda Ricci

Hofstra Law Review

The article discusses the issue of dealing with unruly residents in common interest communities such as condominiums and homeowners associations (HOAs). It highlights the lack of legal remedies available to boards of these communities to evict disruptive property owners. The article proposes the implementation of a bylaw that would grant boards the ability to evict residents who consistently disturb the peaceful enjoyment of others' homes, thus protecting the community as a whole.

Front Matter

Hofstra Law Review

No abstract provided.

Heien V. North Carolina And The Unreasonable "Reasonable Mistake" Of Law, Eugene R. Milhizer

Hofstra Law Review

The article discusses the Supreme Court's decision in Heien v. North Carolina, which allowed police officers to make "reasonable mistakes of law" when conducting traffic stops. It argues that such mistakes should be considered objectively unreasonable and that the evidence obtained should not always be suppressed. It explores the case's facts, the Court's reasoning, and its implications.

The Time Has Come: A Proposal For New York To Legalize Physician-Assisted Death, Samantha Knice

Hofstra Law Review

The article focuses on the proposal that advocate for the legalization of physician-assisted death (PAD) in New York. It begins by highlighting the story of Charlie and Francie Emerick, a terminally ill couple who chose to use Oregon's Death with Dignity Act to peacefully end their lives. It further argues that New York should follow the example of other states and countries by enacting a PAD law.

Standing Back And Standing Down: Citizen Non-Cooperation And Police Non-Intervention As Causes Of Justice Failures And Crime, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne

Hofstra Law Review

The article discusses the failures of the American justice system to find and punish offenders for the majority of serious crimes. It highlight the low clearance and conviction rates for crimes such as murder, rape, and assault. It further argues that these failures of justice have practical consequences on crime rates and also disproportionately affect racial minorities and low-income communities.

Improving Outcomes For Youth Aging Out Of Foster Care By Increasing The Age And Quality Of Care, Louisa Maria Portnoy

Hofstra Law Review

The article addresses the challenges faced by youth aging out of foster care, particularly in New York. It highlights the difficulties they encounter when they are suddenly expected to live independently without proper support. It suggests restructuring existing programs to better equip these youth with life skills and external resources.

Hacking Healthcare: Ransomware As A Rising Contagion, Elizabeth Stachtiaris

Hofstra Law Review

The article explores the rising threat of ransomware attacks in healthcare, which can disrupt patient care and compromise sensitive data. It emphasizes the need to update laws like HITECH and HIPAA to establish minimum cybersecurity standards for healthcare institutions, safeguarding patient information and ensuring uninterrupted care.

Parents Under Pressure: Why Cps Needs To Tell Parents Their Rights Before Walking In The Door, Nicole E. Imperatore

Hofstra Law Review

The article focuses on the experiences of parents who encounter Child Protective Services (CPS) and the potential intrusion into their lives including the initial visit from a CPS caseworker, the questioning and inspection process, and the potential consequences and length of CPS reports.