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Full-Text Articles in Law
The Gamification Of Work, Miriam A. Cherry
The Gamification Of Work, Miriam A. Cherry
Hofstra Law Review
In the language of cyberspace, introducing elements of fun or game-playing into everyday tasks or through simulations is known as the process of “gamification.” The idea that people could be working while they play a video game – in some instances without even knowing that they are working – is becoming part of our reality. Gamification is an important element of what in previous writing I have termed “virtual work,” that is, work that is taking place wholly online, in crowdsourcing arrangements, or in virtual worlds. The gamification of work is an important trend with important implications for employment law. …
Enforcing Self-Regulatory Organization's Penalties And The Nature Of Self-Regulation, Jonathan Macey, Caroline Novogrod
Enforcing Self-Regulatory Organization's Penalties And The Nature Of Self-Regulation, Jonathan Macey, Caroline Novogrod
Hofstra Law Review
No abstract provided.
A Prescription For Excess: Using Prescriptive Comity To Limit The Extraterritorial Reach Of The Sherman Act, Stephen D. Piraino
A Prescription For Excess: Using Prescriptive Comity To Limit The Extraterritorial Reach Of The Sherman Act, Stephen D. Piraino
Hofstra Law Review
No abstract provided.
Trix Are Not Just For Kids: The Supreme Court's Clumsy Handling Of The Public-Private Distinction And Its Legislative Impact On Breakfast And Beyond, David Gerardi
Hofstra Law Review
No abstract provided.
The U.S. Supreme Court Upholds The Health Care Reform Law: What's Next For Employer-Sponsored Group Health Plans?, Stephen J. Mogila, Daniel L. Saperstein
The U.S. Supreme Court Upholds The Health Care Reform Law: What's Next For Employer-Sponsored Group Health Plans?, Stephen J. Mogila, Daniel L. Saperstein
Hofstra Law Review
No abstract provided.
Safe Localities Through Cooperation: Why The Secure Communities Program Violates The Constitution, Ana Getiashvili
Safe Localities Through Cooperation: Why The Secure Communities Program Violates The Constitution, Ana Getiashvili
Hofstra Law Review
No abstract provided.
Faulkner's Voting Rights Act: The Sound And Fury Of Section Five, Joel Heller
Faulkner's Voting Rights Act: The Sound And Fury Of Section Five, Joel Heller
Hofstra Law Review
In its most recent examination of the Voting Rights Act, the Supreme Court told a story about the South. Although the Court ultimately did not rule on the continued constitutionality of § 5, the VRA provision that singles out certain jurisdictions with a history of racially discriminatory voting practices for additional regulation, its opinion expressed significant doubt that the measure was still justified. In this tale of progress and redemption, the Court concluded that “things have changed in the South.”
One body of commentary that was not considered in this story was the region’s literature. Yet many of these works, …
The Rise Of Institutional Law Practice, Thomas D. Morgan
The Rise Of Institutional Law Practice, Thomas D. Morgan
Hofstra Law Review
For generations, the legal profession has assumed that only individual lawyers practice law. Ethical standards have been largely, if not exclusively, directed at individuals, and practice organizations have been regulated to prevent limiting individual lawyer professional judgment. The world in which lawyers now practice makes the individualized model obsolete. The complexity of modern law narrows the breadth of any individual lawyer's practice and makes law firms and other practice organizations inevitable. Firms, in turn, must maintain both ethical compliance and a high level of service quality that is inconsistent with lawyers behaving idiosyncratically. The article explores these developments and suggests …
Intervention Of Right In Judicial Proceedings To Review Informal Federal Rulemaking, Michael Ray Harris
Intervention Of Right In Judicial Proceedings To Review Informal Federal Rulemaking, Michael Ray Harris
Hofstra Law Review
The codification of the Federal Rules of Civil Procedure in 1938 (the “Federal Rules”) created not only a more transactional approach to litigation, but also the flexible party structure that was necessary for “public law litigation” to flourish. Indeed, many argue that intervention by non-parties in public law cases is essential to ensure that the court can hear from and protect the wide range of interests likely to be impacted by its decision. This Article seeks to make a case for limiting intervention as of right in a specific subset of public law proceedings –– those brought to review the …
Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert
Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert
Hofstra Law Review
No abstract provided.
The Future Of The Legal Profession: The New York City Corporation Counsel's Perspective On The Challenges And Opportunities Ahead, Michael A. Cardozo
The Future Of The Legal Profession: The New York City Corporation Counsel's Perspective On The Challenges And Opportunities Ahead, Michael A. Cardozo
Hofstra Law Review
No abstract provided.
Out Of The Channel And Into The Swamp: How Family Law Fails In A New Era Of Class Division, June Carbone
Out Of The Channel And Into The Swamp: How Family Law Fails In A New Era Of Class Division, June Carbone
Hofstra Law Review
No abstract provided.
The Crisis Exposed By Pari Passu, Preston M. Torbert
The Crisis Exposed By Pari Passu, Preston M. Torbert
Hofstra Law Review
This article is one practitioner's reaction to Gulati and Scott's The Three and A Half Minute Transaction: Boilerplate and the Limits of Contract Design. It notes that current contract drafting practices, especially for sovereign debt instruments, create a crisis: that is, a danger and an opportunity. The danger is the offshoring of contract drafting. The opportunity is to substantially improve contract drafting by establishing in a law school a laboratory program for creative innovation in contract drafting. The article suggests issues that such a program could adddress: the implications of the canons of interpretation for drafting, the problem of …
Which "Client-Centered Counselors"?: A Reply To Professor Freedman, Robert F. Cochran, Jr.
Which "Client-Centered Counselors"?: A Reply To Professor Freedman, Robert F. Cochran, Jr.
Hofstra Law Review
In this article, Professor Cochran responds to Professor Freedman's comments concerning Cochran’s criticism of client-centered lawyering for its tendency to focus exclusively on the interests of clients, often at the expense of other people. Professor Freedman and his co-author, Professor Abbe Smith, appear to be alone among the client-centered counselors in supporting the idea of moral counsel as an integral part of the decision-making process. In this response, Cochran attempts to generate a conversation among those who identify themselves as client-centered lawyers as to the very significant differences between them in the matter of lawyer-client moral discourse. Under the dominant …
Whistleblowers Cash In, Unwary Corporations Pay, John Ashcroft, Catherine Hanaway, Claudia L. Onate Griem
Whistleblowers Cash In, Unwary Corporations Pay, John Ashcroft, Catherine Hanaway, Claudia L. Onate Griem
Hofstra Law Review
No abstract provided.
Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness
Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness
Hofstra Law Review
No abstract provided.
Opt-Out Voting, Michael J. Pitts
Opt-Out Voting, Michael J. Pitts
Hofstra Law Review
This article proposes a new system of casting ballots at elections: opt-out voting. Opt-out voting would change the default rule for voting. Currently most registered voters go to a polling place to select a candidate. In contrast, opt-out voting would randomly pre-select a candidate for each registered voter and then allow the registered voter to switch the ballot to his or her preferred candidate. This article theorizes that switching to opt-out voting could lead to an increase in voter turnout, especially in local elections. This article argues that increasing participation, particularly on the local level, would be a positive change …
Horseshoes And Hand Grenades: The Dodd-Frank Act's (Almost) Attack On Credit Rating Agencies, Allana M. Grinshteyn
Horseshoes And Hand Grenades: The Dodd-Frank Act's (Almost) Attack On Credit Rating Agencies, Allana M. Grinshteyn
Hofstra Law Review
No abstract provided.
Behind Prison Walls: The Failing Treatment Choice For Mentally Ill Minority Youth, Simone S. Hicks
Behind Prison Walls: The Failing Treatment Choice For Mentally Ill Minority Youth, Simone S. Hicks
Hofstra Law Review
No abstract provided.
"Sometimes A Cigar Is Just A Cigar": The Simple Story Of Pari Passu, Robert A. Cohen
"Sometimes A Cigar Is Just A Cigar": The Simple Story Of Pari Passu, Robert A. Cohen
Hofstra Law Review
No abstract provided.
Notes On The Margins Of Lawyering, In Three And A Half Minutes, Stewart Macaulay
Notes On The Margins Of Lawyering, In Three And A Half Minutes, Stewart Macaulay
Hofstra Law Review
No abstract provided.
Nearly Toothless: Why The Speech Act Is Mostly Bark, With Little Bite, Elizabeth J. Elias
Nearly Toothless: Why The Speech Act Is Mostly Bark, With Little Bite, Elizabeth J. Elias
Hofstra Law Review
No abstract provided.
The Adam Walsh Act As Applied To Juveniles: One Size Does Not Fit All, Richard A. Paladino
The Adam Walsh Act As Applied To Juveniles: One Size Does Not Fit All, Richard A. Paladino
Hofstra Law Review
No abstract provided.
Invested In Politics: Gun Jumping, Corporate Political Speech, And Citizens United, Alexander F.L. Sand
Invested In Politics: Gun Jumping, Corporate Political Speech, And Citizens United, Alexander F.L. Sand
Hofstra Law Review
No abstract provided.
Client-Centered Lawyering-What It Isn't, Monroe H. Freedman
Client-Centered Lawyering-What It Isn't, Monroe H. Freedman
Hofstra Law Review
No abstract provided.
Wall Street As Yossarian: The Other Effects Of The Rajaratnam Insider Trading Conviction, J. Scott Colesanti
Wall Street As Yossarian: The Other Effects Of The Rajaratnam Insider Trading Conviction, J. Scott Colesanti
Hofstra Law Review
Without warning, the patient sat up in bed and shouted, ‘I see everything twice!’
And thus Yossarian, the war-weary bomber pilot of the masterful novel, Catch-22, was able to malinger in an Italian hospital even longer while nervous doctors attended to the strange malady of his neighbor.
The storied literary diversion may highlight the good fortune of those evading government prosecution of financial crimes in 2011, a year that fulfilled the promise that observers of hedge fund discipline would similarly see things twice. To wit, in May 2011, a Manhattan jury convicted billionaire hedge fund entrepreneur Raj Rajaratnam of fourteen …
Dominance, Innovation, And Efficiency: Modifying Antitrust And Intellectual Property Doctrines To Further Welfare, Daniel J. Gifford
Dominance, Innovation, And Efficiency: Modifying Antitrust And Intellectual Property Doctrines To Further Welfare, Daniel J. Gifford
Hofstra Law Review
No abstract provided.
Who Is Poking Around Your Facebook Profile? The Need To Reform The Stored Communications Act To Reflect A Lack Of Privacy On Social Networking Websites, Lindsay S. Feuer
Who Is Poking Around Your Facebook Profile? The Need To Reform The Stored Communications Act To Reflect A Lack Of Privacy On Social Networking Websites, Lindsay S. Feuer
Hofstra Law Review
No abstract provided.
Resolving The Modern Day Esau Problem Amongst Structured Settlement Recipients, Michelle M. Marcellus
Resolving The Modern Day Esau Problem Amongst Structured Settlement Recipients, Michelle M. Marcellus
Hofstra Law Review
No abstract provided.
Those Lost But Not Forgotten: Applicants With Severe Disabilities, Title I Of The Ada, And Retail Corporations, Charles P. Mileski
Those Lost But Not Forgotten: Applicants With Severe Disabilities, Title I Of The Ada, And Retail Corporations, Charles P. Mileski
Hofstra Law Review
No abstract provided.