Law Commons^™

Enforcement Of Money Judgments Against Real Property In New York

Hofstra Law Review

New York's statutory procedures for collecting money judgments through forced sales of debtors' real property were revised in 1963 when the Civil Practice Law and Rules was enacted. Experience since 1963, particularly in those areas of the State where population growth has generated housing shortages, indicates that the new procedures have created a situation which is unfair both to debtors and to legitimate creditors.

Because the CPLR draftsmen believed that the procedural requirements in the old Civil Practice Act unduly hampered the judgment creditor, the revisions embodied in the CPLR are designed to facilitate the collection of judgments. The new …

Perennial Problems Of Criminal Law, Jerome Hall

Hofstra Law Review

That crime and punishment are perennial problems is plain; indeed, from ancient Greek drama to Shakespeare, Goethe, Dostoyevski and onwards into the present, they have raised the most subtle questions about "the human situation." The relevant legal problems have recently become so complicated that even scholars who have spent many years studying them are puzzled and discouraged. It is not so much the clash of competent opinions that is disturbing as it is the tide of history moved by global, uncontrollable forces, wide-spread tragedy, and the advance of psychiatry that engenders compassion for those who "fall by the wayside" and …

Neumeier V. Kuehner: Where Are The Emperor's Clothes?, Aaron D. Twerski

Hofstra Law Review

Neumeier v. Kuehner is a case of exceptional importance. There is every reason to expect that its impact on choice-of-law decisions throughout this country will be as telling and profound as that of Babcock v. Jackson. Indeed it may turn out that Neumeier will overtake Babcock as the seminal conflicts case. Babcock announced to the world the official demise of the First Restatement and the rejection of rigid, broad-based choice-of-law rules. To replace it the court began charting a policy-centered or interest analysis approach. Neumeier officially heralds the news that the most sophisticated conflicts court in the nation has …

From Euclid To Ramapo: New Directions In Land Development Controls, Donald H. Elliott, Norman Marcus

Hofstra Law Review

If city planners are to succeed in shaping the growth and development of modem American cities, they must regulate the use of land in far more affirmative ways than they were able to achieve with their traditional zoning ordinances. Land use regulations have historically been designed to prevent harm, e.g., to separate incompatible uses, to limit density and scale of particular neighborhoods, to prohibit or restrict development where public services are unavailable and to protect adjoining parcels from invasions of their light and air. These regulations, based on single lot development, are not concerned with how a section of the …

Symposium

Hofstra Law Review

No abstract provided.

Changing Times, Tom C. Clark

Hofstra Law Review

The Board of Editors, hoping to create some novelty in its first issue, has suggested to its contributors that they engage in some soothsaying on the future development of the law. Frankly, I have no clairvoyance; but this newborn Hofstra Law Review and its Staff entrance me, and I offer some calculated guesses on a purely novelty basis.

Let me first congratulate the Law School on conceiving and achieving this first issue. It has taken great courage, much maneuvering and lots of hard work. As it joins the array of law reviews I hope that Hofstra will bring a love …

Malpractice Statute Of Limitations In New York: Conflict And Confusion

Hofstra Law Review

Traditionally, the period within which medical malpractice actions had to be commenced was computed from the time of the negligent act. In 1962 and 1969, the New York State Court of Appeals added new rules to avoid the harsh results of a strict application of that "time of the act" standard. These "continuous treatment" and "foreign object discovery" rules were adopted to give the plaintiff more time to discover that he had been treated negligently and, thus, to commence his action.

The traditional time of the act rule was court-made. In the absence of restrictive legislative mandates, the Court of …

Mediation And Arbitration Of International Disputes, Arthur J. Goldberg

Hofstra Law Review

In this century, the peoples of the world have to a larger extent than ever before come to an understanding that in world affairs, as in domestic affairs, there can be no lasting peace without institutions for peaceful settlements of disputes and for peaceful political changes. When such institutions do not exist, nations, like individuals, are inclined to resort to self-help through non-peaceful means. Therefore, the peaceful settlement of international disputes, far from being a Utopian dream, has become a subject of the greatest seriousness and most pressing urgency, given added importance by the successive developments of this violent century. …

Confrontation And Hearsay: A Look Backward, A Peek Forward, Irving Younger

Hofstra Law Review

Hearsay is an out-of-court declaration offered to prove the truth of the matter asserted. It is inadmissible because it is uncrossexamined and hence too unreliable for the jury to consider. Where some substitute for cross-examination provides an alternative assurance of reliability, the rule against hearsay may give way and the out-of-court declaration be admitted under one or another of the exceptions to the rule. But hearsay it remains. The evidence is received despite the lack of cross-examination.

Concerning confrontation, the Sixth Amendment to the Constitution of the United States says that "[i]n all criminal prosecutions, the accused shall enjoy the …

Neumeier V. Kuehner

Hofstra Law Review

No abstract provided.

Neumeier: Through The Eyes Of Nullifidians, Josephine Y. King

Hofstra Law Review

Early in the fall semester at Hofstra's new School of Law, a skeptical instructor launching a Conflicts class of second and third year students decided to indulge in a choice-of-law experiment. The first report of Neumeier v. Kuehner was at hand. How would students without specific knowledge of choice of law theory react to the question: Should the host driver's conduct and potential liability be governed by the Ontario guest statute or New York law? The students were presented with the basic facts of the unidentified case, stripped of party names, procedural history and judicial analysis. Concededly, these were not …

"Manna For The Entire World" Or "Thou Shalt Love Thy Neighbor As Thyself"--Comment On Neumeier V. Kuehner, Dr. Amos Shapira

Hofstra Law Review

A car, owned and driven by a New York resident and registered and insured in New York, collided with a train in Ontario, Canada. Both the New York host-driver and the Ontario guest-passenger were killed in the accident. The Ontario passenger's estate brought a wrongful death action in New York against the New York driver's estate. Under New York law, ordinary negligence on the part of the deceased host-driver would suffice to entitle the guest-passenger's estate to recover damages for wrongful death. Ontario, however, has a guest statute which provides that the owner or driver of a motor vehicle is …

Interstate Accidents And The Unprovided For Case: Reflections On Neumeier V. Kuehner, Robert Allen Sedler

Hofstra Law Review

The primary focus of interest analysis, as developed by Brainerd Currie, was on identifying false and true conflicts. Currie also recognized, however, that there could be a case in which none of the involved states had an interest in applying its law on the issue as to which their laws differed. This he called the unprovided for case, which, while "comparatively rare," did occur, and in Currie's view, should be resolved with reference to other policies that were common to the involved states. Currie did not fully develop the rationale for resolving the unprovided for case until he came to …

Laird V. Tatum: The Supreme Court And A First Amendment Challenge To Military Surveillance Of Lawful Civilian Political Activity

Hofstra Law Review

The First Amendment was adopted to elevate and defend the central right of a free people: the right to peaceably dissent, to argue, to persuade, and to demonstrate. The United States Army was created to preserve and protect our society. Laird v. Tatum, a class action challenge to military surveillance of civilian politics, demonstrates with frightening precision the degree to which the force of protection can and has imperiled the instrument of freedom.

There was no evidence in the record before the Supreme Court to show the extent to which lawful political activity was chilled and deterred by Army …

Matter Of Ella B.

Hofstra Law Review

In Matter of Ella B. the New York Court of Appeals held that an indigent parent has a right to assigned counsel in all child neglect proceedings and must be advised of this right by the court. The case commenced when the Commissioner of Social Services of Westchester County filed a petition in the Family Court charging the respondentmother, Jeri B., with neglect of her three-year-old daughter. In the petition it was alleged that the parent had left her child alone at home, harnessed in a crib, from 1:00 A.M. until 4:00 A.M. During this period a friend of …

Ubiquitous Detailman: An Inquiry Into His Functions And Activities And The Laws Relating To Them

Hofstra Law Review

A salesman of ethical pharmaceuticals is no ordinary salesman. True, he sometimes earns his commissions based on his sales, as do other salesmen, but there the similarity ends, for he is charged not only with selling his product, but also with unselling it. He is often called the detailman, defined as:

[One who] promotes [the] use of and sells ethical drugs and other pharmaceutical products to physicians, dentists, [and] hospitals ... utilizing knowledge of medical practices, drugs, and medicines. [He] [i]nforms customer[s] of new drugs, explains characteristics and clinical studies conducted with drug[s]. [He] discusses dosage, use, and effect of …

Stanley V. Illinois

Hofstra Law Review

Illegitimacy has been a basis for discriminatory treatment throughout legal history. The common law termed the illegitimate filius nullius, or the child of nobody. This curious legal fiction (and biological impossibility) originally related to inheritance rights, but was later expanded so as to disavow any cognizable legal relationship between the male parent and his bastard child. While the natural mother, if she is a suitable person, has generally been regarded as the proper guardian of her illegitimate child, the unwed father has not enjoyed a position equal to that of the mother. The so-called "putative" father has been denied equal …