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

Law Commons

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

Articles 1 - 30 of 58

Full-Text Articles in Law

The Corporate Lawyer And 'The Perjury Trilemma', Thomas D. Morgan Jan 2006

The Corporate Lawyer And 'The Perjury Trilemma', Thomas D. Morgan

Hofstra Law Review

This paper extends Monroe Freedman's idea of the criminal lawyer's "perjury trilemma" to current issues faced by corporate lawyers dealing with perceived pressures on the attorney-client privilege. The duties of criminal defense and corporate lawyers are more similar than they often seem. Corporate lawyers' duties of honesty in dealing with third parties are closely analogous to criminal lawyers' duties of honesty in dealing with a court. Both sets of lawyers also have an important interest in fostering open communications with their clients. Where their situations differ is not with respect to lawyer obligations but with respect to their ...


"Wide Open": Nevada's Innovative Market In Partnership Law, Allan W. Vestal Jan 2006

"Wide Open": Nevada's Innovative Market In Partnership Law, Allan W. Vestal

Hofstra Law Review

No abstract provided.


Conflicts Of Interest In The Drug Industry's Relationship With The Government, Merrill Goozner Jan 2006

Conflicts Of Interest In The Drug Industry's Relationship With The Government, Merrill Goozner

Hofstra Law Review

No abstract provided.


To Attain "The Just Rewards Of So Much Struggle": Local-Resident Equity Participation In Urban Revitalization, Barbara L. Bezdek Jan 2006

To Attain "The Just Rewards Of So Much Struggle": Local-Resident Equity Participation In Urban Revitalization, Barbara L. Bezdek

Hofstra Law Review

Annually, Americans pour out their sympathy for people displaced from their communities by natural disasters such as fires, floods, and hurricanes. We respond, knowing the anchor that the concept of "home" supplies to body, soul, and family; we intuit the toll exacted by the loss of familiar walls, private homes and community-shared places. Yet, redevelopment policy and practice in the U.S. today relies upon the massive relocation of poor people and the destruction of poor people's neighborhoods with only token recognition of the costs and burdens imposed on the displaced. Although the devastation of community, family, and lives ...


The Triage Trilemma, Steven Lubet Jan 2006

The Triage Trilemma, Steven Lubet

Hofstra Law Review

No abstract provided.


Legal Ethics And The Constitution, Alan Dershowitz Jan 2006

Legal Ethics And The Constitution, Alan Dershowitz

Hofstra Law Review

No abstract provided.


Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode Jan 2006

Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode

Hofstra Law Review

No abstract provided.


Moralizing In Public, Anita L. Allen Jan 2006

Moralizing In Public, Anita L. Allen

Hofstra Law Review

No abstract provided.


Remarks On The Installation Of Mark Movsesian As Max Schmertz Distinguished Professor Of Law, John O. Mcginnis Jan 2006

Remarks On The Installation Of Mark Movsesian As Max Schmertz Distinguished Professor Of Law, John O. Mcginnis

Hofstra Law Review

No abstract provided.


The Proliferation Security Initiative: A Model For International Cooperation, John Yoo, Glenn Sulmasy Jan 2006

The Proliferation Security Initiative: A Model For International Cooperation, John Yoo, Glenn Sulmasy

Hofstra Law Review

No abstract provided.


A Cautionary Tale: Fiduciary Breach As Legal Malpractice, Charles W. Wolfram Jan 2006

A Cautionary Tale: Fiduciary Breach As Legal Malpractice, Charles W. Wolfram

Hofstra Law Review

No abstract provided.


You Are Living In A Gold Rush, Richard Delgado Jan 2006

You Are Living In A Gold Rush, Richard Delgado

Hofstra Law Review

This article argues that our times, characterized as they are by dreams of vast wealth, environmental destruction, and growing social inequality, resemble nothing so much as earlier get-rich-quick periods like the Gilded Age and the California gold rush.

I put forward a number of parallels between those earlier periods and now, and suggest that the current fever is likely to end soon. This will come as a relief to those of you who, like me, deplore the regressive social policies, bellicose foreign relations, and coarsening of public taste that we have been living through-even if some of our more libertarian ...


The Draining Of Daubert And The Recidivism Of Junk Science In Federal And State Courts, Victor E. Schwartz, Cary Silverman Jan 2006

The Draining Of Daubert And The Recidivism Of Junk Science In Federal And State Courts, Victor E. Schwartz, Cary Silverman

Hofstra Law Review

No abstract provided.


Monroe Freedman's Solution To The Criminal Defense Lawyer's Trilemma Is Wrong As A Matter Of Policy And Constitutional Law, Stephen Gillers Jan 2006

Monroe Freedman's Solution To The Criminal Defense Lawyer's Trilemma Is Wrong As A Matter Of Policy And Constitutional Law, Stephen Gillers

Hofstra Law Review

No abstract provided.


Asylum And Oral Argument: The Judiciary In Immigration And The Second Circuit Non-Argument Calendar, Erick Rivero Jan 2006

Asylum And Oral Argument: The Judiciary In Immigration And The Second Circuit Non-Argument Calendar, Erick Rivero

Hofstra Law Review

No abstract provided.


A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman Jan 2006

A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman

Hofstra Law Review

No abstract provided.


Sanctioning Insurance Carriers For Bad-Faith Litigation Practices: A Proposal To Change The "Named Party" Rule, Andrea Yoon Jan 2006

Sanctioning Insurance Carriers For Bad-Faith Litigation Practices: A Proposal To Change The "Named Party" Rule, Andrea Yoon

Hofstra Law Review

No abstract provided.


Do Bar Association Ethics Committees Serve The Public Or The Profession? An Argument For Process Change, Hon. David G. Trager Jan 2006

Do Bar Association Ethics Committees Serve The Public Or The Profession? An Argument For Process Change, Hon. David G. Trager

Hofstra Law Review

No abstract provided.


The Office Of Research Integrity: Experience And Authorities, Chris B. Pascal Jan 2006

The Office Of Research Integrity: Experience And Authorities, Chris B. Pascal

Hofstra Law Review

No abstract provided.


They Killed Her For Going Out With Boys: Honor Killings In Turkey In Light Of Turkey's Accession To The European Union And Lessons For Iraq, Rebecca E. Boon Jan 2006

They Killed Her For Going Out With Boys: Honor Killings In Turkey In Light Of Turkey's Accession To The European Union And Lessons For Iraq, Rebecca E. Boon

Hofstra Law Review

No abstract provided.


The Reliability Of Our Medical Knowledge As A Product Of Industry Relationships, John Abramson Jan 2006

The Reliability Of Our Medical Knowledge As A Product Of Industry Relationships, John Abramson

Hofstra Law Review

No abstract provided.


Interpreting Searches Of Pretrial Releases Through The Lens Of The Fourth Amendment Special Needs Exception, Melissa Weiss Jan 2006

Interpreting Searches Of Pretrial Releases Through The Lens Of The Fourth Amendment Special Needs Exception, Melissa Weiss

Hofstra Law Review

No abstract provided.


Counseling Organizational Clients"Within The Bounds Of The Law", Roger C. Cramton Jan 2006

Counseling Organizational Clients"Within The Bounds Of The Law", Roger C. Cramton

Hofstra Law Review

No abstract provided.


Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell Jan 2006

Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell

Hofstra Law Review

No abstract provided.


Reading Back, Reading Black, I. Bennett Capers Jan 2006

Reading Back, Reading Black, I. Bennett Capers

Hofstra Law Review

This essay builds on post-colonial theory and black literary theory to pose a pair of questions. If the reading of Western literature can be enriched by examining the great canonical texts through the lens of race, can a similar enrichment obtain from using a similar reading practice to read the law? Stanley Fish has argued that we each belong to interpretive communities, and that members of these communities are guided in their readings of texts by a common consciousness, which produces interpretive "strategies [that] exist prior to the act of reading and therefore determine the shape of what is read ...


"Play In The Joints Between The Religion Clauses" And Other Supreme Court Catachreses, Carl H. Esbeck Jan 2006

"Play In The Joints Between The Religion Clauses" And Other Supreme Court Catachreses, Carl H. Esbeck

Hofstra Law Review

Consistent with its fumbling of late when dealing with cases involving religion, the U.S. Supreme Court has taken to reciting the metaphor of play in the joints between the Religion Clauses. This manner of framing the issue before the Court presumes that the Free Exercise and Establishment Clauses run in opposing directions, and indeed will often conflict. It then becomes the Court's task, as it sees it, to determine if the law in question falls safely in the narrows where there is space for legislative action neither compelled by the Free Exercise Clause nor prohibited by the Establishment ...


The Consequences Of Arbitrating A Legal Malpractice Claim: Rebuilding Faith In The Legal Profession, Louis A. Russo Jan 2006

The Consequences Of Arbitrating A Legal Malpractice Claim: Rebuilding Faith In The Legal Profession, Louis A. Russo

Hofstra Law Review

No abstract provided.


The Constitutional Rights Of Non-Custodial Parents, David D. Meyer Jan 2006

The Constitutional Rights Of Non-Custodial Parents, David D. Meyer

Hofstra Law Review

No abstract provided.


The Case For Selective Abolition Of The Rules Of Evidence, David Crump Jan 2006

The Case For Selective Abolition Of The Rules Of Evidence, David Crump

Hofstra Law Review

This article advocates selectively abolishing the exclusionary components in the Federal Rules of Evidence. Arguing that some parts of the existing rules cost more than the value of any benefits they provide, it is the author's position that the current system is sufficiently dysfunctional so as to make significant revisions in the Rules of Evidence worthwhile. The article examines the hearsay rule, the rules governing repetitive-behavior evidence, and issues regarding opinion evidence, experts, and authentication. The article proceeds to consider the rest of the FRE 400 series - particularly Rules 401 through 403 - and proposes modifications. Next, the article evaluates ...


In Praise Of Overzealous Representation - Lying To Judges, Deceiving Third Parties, And Other Ethical Conduct, Monroe H. Freedman Jan 2006

In Praise Of Overzealous Representation - Lying To Judges, Deceiving Third Parties, And Other Ethical Conduct, Monroe H. Freedman

Hofstra Law Review

Three ethical rules are both clear and highly desirable - MR 3.3(a)(1), which forbids a lawyer to make a false statement of fact to a tribunal; MR 4.1(a), which forbids a lawyer to make a false statement of material fact to a third person; and MR 8.4(c), which proscribes conductinvolving dishonesty, fraud, deceit, or misrepresentation.

Nevertheless, by considering the larger legal context of the lawyer's role, by understanding inconsistent ethical rules in the light of reason, and by applying insights of moral philosophy, this article concludes that there are circumstances in which a ...