Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Hofstra Law Review

Laws

2015

Discipline

Articles 1 - 12 of 12

Full-Text Articles in Law

Childhood Trauma And Special Education: Why The "Idea" Is Failing Today's Impacted Youth, Felicia Winder Dec 2015

Childhood Trauma And Special Education: Why The "Idea" Is Failing Today's Impacted Youth, Felicia Winder

Hofstra Law Review

No abstract provided.


Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord Dec 2015

Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord

Hofstra Law Review

No abstract provided.


Wrestling With Equality: Identifiable Trends As The Federal Courts Grapple With The Practical Significance Of Martinez V. Ryan & Trevino V. Thaler, Allen L. Bohnert Jan 2015

Wrestling With Equality: Identifiable Trends As The Federal Courts Grapple With The Practical Significance Of Martinez V. Ryan & Trevino V. Thaler, Allen L. Bohnert

Hofstra Law Review

The article discusses trends in the U.S. federal courts with respect to how those judicial bodies are applying the U.S. Supreme Court's rulings in the case Martinez v. Ryan and Trevino v. Thaler which deal with ineffective assistance of counsel claims and the quality of the legal assistance that prisoners receive during their state collateral-review (post-conviction) proceedings. An equitable exception is addressed in relation to U.S. federal habeas corpus cases and procedural defaults.


An Edifice Of Misshapen Stones: Interpreting Federal Rule Of Evidence 404(A), David Crump Jan 2015

An Edifice Of Misshapen Stones: Interpreting Federal Rule Of Evidence 404(A), David Crump

Hofstra Law Review

The article discusses several concerns regarding interpretations of the U.S. Federal Rules of Evidence as of 2015, and it mentions America's character evidence rules and the U.S. Supreme Court's ruling in the 1948 case Michelson v. United States which deals with the defendant's request for the court to prohibit customary types of prosecution responses to character testimony. The legal rights of defendants in America are examined, along with cross-examinations and witness credibility.


Breaking The Ice: How Plaintiffs May Establish Premises Liability In "Black Ice" Cases Where The Dangerous Condition Is By Definition Not Visible Or Apparent To Property Owners, Hon. Mark C. Dillon Jan 2015

Breaking The Ice: How Plaintiffs May Establish Premises Liability In "Black Ice" Cases Where The Dangerous Condition Is By Definition Not Visible Or Apparent To Property Owners, Hon. Mark C. Dillon

Hofstra Law Review

The article presents practical advice regarding how plaintiffs in the U.S. may establish premises liability in lawsuits which deal with accidents caused by invisible and unseen ice (black ice). Legal liability is mentioned, along with the legal aspects of dangerous conditions that are not visible or apparent to property owners in places such as New York. Common law distinctions involving trespassers, licensees, and invitees are examined, along with a constructive notice doctrine.


Trading In The Keys To The Cell For The Keys To Success: Rehabilitating Violent Youthful Offenders In New York State, Ashley N. Guarino Jan 2015

Trading In The Keys To The Cell For The Keys To Success: Rehabilitating Violent Youthful Offenders In New York State, Ashley N. Guarino

Hofstra Law Review

The article discusses several aspects of the efforts to rehabilitate violent youthful offenders in the state of New York as of 2015, and it mentions proposed legislation which would reform New York's juvenile justice system by removing sixteen- and seventeen-year-old non-violent offenders from the state's adult criminal courts and placing them in rehabilitative Adolescent Diversion Parts. Public safety and New York's Family Court Act are examined, as well as the state's criminal laws.


A Tenant's Procedural Due Process Right In Chronic Nuisance Ordiance Jurisdictions, Salim Katach Jan 2015

A Tenant's Procedural Due Process Right In Chronic Nuisance Ordiance Jurisdictions, Salim Katach

Hofstra Law Review

The article discusses a tenant's procedural due process right in Chronic Nuisance Ordinance (CNO) jurisdictions in America, and it mentions a lawsuit involving single mother Lakisha Briggs who was accused of violating Norristown, Pennsylvania's CNO following a disorderly conduct and fighting incident in 2012. According to the article, CNOs are designed to encourage property owners to prevent criminal activity on their properties and to recover the costs associated with police services.


Don't Blame The Bully: Holding Preschools Accountable For Bullying Against Students With Disabilities, Rachel Summer Jan 2015

Don't Blame The Bully: Holding Preschools Accountable For Bullying Against Students With Disabilities, Rachel Summer

Hofstra Law Review

The article discusses a proposal to hold preschools legally accountable for bullying that is directed at students with disabilities in America as of 2015, and it mentions discrimination under Section 504 of the U.S. Rehabilitation Act of 1973, as well as the legal aspects of peer-on-peer harassment and students' rights in the country. U.S. federal legislation and the creation of a deliberate indifference standard are examined, along with several education law-related legal cases in America.


Dilemmas Of Shared Parenting In The 21st Century: How Law And Culture Shape Child Custody, J. Herbie Difonzo Jan 2015

Dilemmas Of Shared Parenting In The 21st Century: How Law And Culture Shape Child Custody, J. Herbie Difonzo

Hofstra Law Review

The article discusses what the author refers to as the dilemmas associated with shared parenting in the twenty-first century, and it mentions the ways in which law and culture impact child custody in America. U.S. common law and the legal relationships between fathers and children are addressed, along with property rights and the parens patriae legal doctrine. The legal rights of mothers are examined, along with U.S. courts and legal history during the eighteenth and nineteenthcenturies.


Keeping Your Personal Information Personal: Trouble For The Modern Consumer, Eugene E. Hutchinson Jan 2015

Keeping Your Personal Information Personal: Trouble For The Modern Consumer, Eugene E. Hutchinson

Hofstra Law Review

The article discusses U.S. consumer protection laws in relation to the efforts to keep personally identifiable information private as of 2015, and it mentions consumer privacy breaches, as well as the legal aspects of the data collection and selling practices of various companies and data brokers. The harm that is caused by the unauthorized collection and dissemination of personal data is examined, as well as opt-out consent and proposed legislation to protect consumers.


The Cyber Civil War, Eldar Haber Jan 2015

The Cyber Civil War, Eldar Haber

Hofstra Law Review

Public and private actors engage in cyber warfare. In the private field, the role of individuals is rather limited: Individuals are usually either hackers or targets of cyber crimes. This paradigm could change soon, as individuals might now face a new threat: Information. In 2014, a group of hackers launched a cyber attack on Sony Pictures Entertainment, and released, inter alia, personally identifiable information on their employees, including email correspondence and information about executive salaries. This incident revealed a terrifying new reality: Cyber attacks could result in a revelation of our entire personal information held by third parties. Emails, search …


"Can I Take The Normal One?" Unrelated Commerical Surrogacy And Child Abandonment, Brianne Richards Jan 2015

"Can I Take The Normal One?" Unrelated Commerical Surrogacy And Child Abandonment, Brianne Richards

Hofstra Law Review

No abstract provided.