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

Digital Commons Network™

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

Maurice A. Deane School of Law at Hofstra University

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 25 of 25

Full-Text Articles in Entire DC Network

Introduction: Forever Criminalized?: How Collateral Consequences Advance Disparities In Criminal Justice, Jenny Roberts Jun 2025

Introduction: Forever Criminalized?: How Collateral Consequences Advance Disparities In Criminal Justice, Jenny Roberts

Hofstra Law Review

No abstract provided.


After Smith Falls: Corporate Free Exercise Lochnerism, Daniel J.H. Greenwood, Nicholas E. Tramposch Jan 2024

After Smith Falls: Corporate Free Exercise Lochnerism, Daniel J.H. Greenwood, Nicholas E. Tramposch

Hofstra Law Faculty Scholarship

While the Supreme Court has extended many constitutional privileges to business corporations, it has not held that they have a full constitutionally protected right to practice religion comparable to that of citizens. Employment Division v. Smith long served as a barrier to Free Exercise claims for special exceptions to neutral and generally applicable laws. But as the Court moves away from Smith, the issue of corporate Free Exercise rights must be confronted. The freedom of religion is a critically important individual right in a free country. But individual rights often conflict with collective religious practice; religious freedom is the opposite …


The Role Of Whisteblowers In The Recovery Of Covid-19 Relief Funds And The Need To Expand The Fca's Qui Tam Provision, Ashley Miskovsky Mar 2023

The Role Of Whisteblowers In The Recovery Of Covid-19 Relief Funds And The Need To Expand The Fca's Qui Tam Provision, Ashley Miskovsky

Hofstra Labor & Employment Law Journal

No abstract provided.


Drafting Under The Upoaa: Safeguarding Against Elder Financial Exploitation Without Compromising Autonomy, Jessica A. Liebau Sep 2020

Drafting Under The Upoaa: Safeguarding Against Elder Financial Exploitation Without Compromising Autonomy, Jessica A. Liebau

ACTEC Law Journal

No abstract provided.


What If Granny Wants To Gamble? Balancing Autonomy And Vulnerability In The Golden Years, Mary F. Radford Mar 2020

What If Granny Wants To Gamble? Balancing Autonomy And Vulnerability In The Golden Years, Mary F. Radford

ACTEC Law Journal

No abstract provided.


Tinder Lies, Irina D. Manta Jan 2019

Tinder Lies, Irina D. Manta

Hofstra Law Faculty Scholarship

The rise of Internet dating—in recent years especially through the use of mobile-based apps such as Tinder or Bumble—forces us to reexamine an old problem in the law: how to handle sexual fraud. Many people with romantic aspirations today meet individuals with whom they do not share friends or acquaintances, which allows predators to spin tales as to their true identities and engage in sexual relations through the use of deceit on a greater scale than was previously practicable. Indeed, according to some studies, about eighty percent of individuals lie on at least some part of their online dating profiles, …


"Ev'ry American Experiment Sets A Precedent": Why One Florida State Court's Bitcoin Opinion Is Everyone's Business, Allison Caffarone, Meg Holzer May 2016

"Ev'ry American Experiment Sets A Precedent": Why One Florida State Court's Bitcoin Opinion Is Everyone's Business, Allison Caffarone, Meg Holzer

Journal of International Business and Law

July 22, 2016. A Florida state court dismisses a three-count information against a sole defendant in "a Miami money-laundering case that is being closely watched around the world." The defendant, a dealer of the virtual currency bitcoin, is free to go. He is also free to continue engaging in the sale of bitcoin. This "victory for bitcoin users" was the first state court case to address Bitcoin in the context of the money services business and anti-money laundering statutes. And on every front, the court got it wrong — while the world was watching. Federal and state prosecutors, defense attorneys, …


The Law School Note: Having A Story To Tell (Instead Of Having To Tell A Story), J. Scott Colesanti Jan 2016

The Law School Note: Having A Story To Tell (Instead Of Having To Tell A Story), J. Scott Colesanti

Hofstra Law Faculty Scholarship

No abstract provided.


Training The Next Generation Of Anti-Corruption Enforcers: International Anti-Corruption Curriculum In U.S. Law Schools, Elena Helmer, Mikhail Reider-Gordon Jan 2015

Training The Next Generation Of Anti-Corruption Enforcers: International Anti-Corruption Curriculum In U.S. Law Schools, Elena Helmer, Mikhail Reider-Gordon

Journal of International Business and Law

No abstract provided.


The Chinese Reverse Merger Companies (Rmcs) Reassessed: Promising But Challenging, Qingxiu Bu Jan 2013

The Chinese Reverse Merger Companies (Rmcs) Reassessed: Promising But Challenging, Qingxiu Bu

Journal of International Business and Law

No abstract provided.


Four Signal Moments In Whistleblower Law: 1983-2013, Geoffrey Christopher Rapp Jan 2013

Four Signal Moments In Whistleblower Law: 1983-2013, Geoffrey Christopher Rapp

Hofstra Labor & Employment Law Journal

This contribution to the 30th anniversary symposium of the Hofstra Labor and Employment Law Journal identifies four signal legal changes in the law governing whistleblowers between 1983 and 2013. Three of these are well known and easily identified -- the amendments to the federal False Claims Act enacted in 1986, the Sarbanes-Oxley whistleblower protection scheme enacted in 2002, and the Dodd-Frank securities fraud whistleblower bounty program enacted in 2010. Equally important may prove the Deficit Reduction Act of 2005 (actually enacted in 2006), which created an unusual carrot for state law whistleblower reward and protection reform. After discussing the impact …


The Need For Federal Solutions To Interstate And International Ethics Conflicts: A Case Study In Confidentiality, Jonathan M. Weiss Jan 2012

The Need For Federal Solutions To Interstate And International Ethics Conflicts: A Case Study In Confidentiality, Jonathan M. Weiss

Journal of International Business and Law

Because of the lack of uniformity in the ethics rules of different states and countries, lawyers involved in interstate or international representations often face uncertainty regarding with which state's or country's ethics rules to comply. For example, California's confidentiality rule is extremely broad, only permitting disclosure in rare situations, while New Jersey's contains numerous exceptions. A lawyer involved in a transcontinental transaction may thus face an ethical quandary when deciding whether to disclose confidential information due to the competing obligations imposed by the states involved. Despite decades of debate regarding this subject, the uncertainty for lawyers remains, and the resulting …


Another Madoff Masquerade?: Questioning “Securities Fraud” In The Crime And Its Cleanup, J. Scott Colesanti Jan 2012

Another Madoff Masquerade?: Questioning “Securities Fraud” In The Crime And Its Cleanup, J. Scott Colesanti

Hofstra Law Faculty Scholarship

In December 2008, broker-dealer CEO Bernard Madoff confessed to a massive Ponzi scheme. Days later, he was charged by the Securities and Exchange Commission and the United States Attorney for, among other things, securities fraud. The theory of prosecution proceeded on the premise that Madoff's illicit investment advisory activities (which stemmed from his reputation in the industry) operated wholly apart from his broker-dealer activities. Subsequently, both the SEC and FINRA (the industry's largest self-regulator) concluded studies affirming that no securities transactions took place at the broker-dealer —for years, the man with the famous investment firm and his employees had simply …


A View From Inside The Ropes: A Prosecutor's Viewpoint On Disclosing Exculpatory Evidence, Fred Klein Jan 2010

A View From Inside The Ropes: A Prosecutor's Viewpoint On Disclosing Exculpatory Evidence, Fred Klein

Hofstra Law Review

No abstract provided.


Sarbanes-Oxley Writ Large: Sarbanes-Oxley And The Foreign Commerce Clause, Karl T. Muth Jan 2009

Sarbanes-Oxley Writ Large: Sarbanes-Oxley And The Foreign Commerce Clause, Karl T. Muth

Journal of International Business and Law

No abstract provided.


Unethical Obedience By Subordinate Attorneys: Lessons From Social Psychology, Andrew M. Perlman Jan 2007

Unethical Obedience By Subordinate Attorneys: Lessons From Social Psychology, Andrew M. Perlman

Hofstra Law Review

This Article explores the lessons that we can learn from social psychology regarding a lawyer's willingness to comply with authority figures, such as senior partners or deep-pocketed clients, when they make unlawful or unethical demands. The Article reviews some of the basic literature in social psychology regarding conformity and obedience, much of which emphasizes the importance of context as a primary factor in predicting people's behavior. The Article then contends that lawyers frequently find themselves in the kinds of contexts that produce high levels of conformity and obedience and low levels of resistance to illegal or unethical instructions. The result …


A Look At The Causes, Impact And Future Of The Sarbanes-Oxley Act, Scott Green Jan 2004

A Look At The Causes, Impact And Future Of The Sarbanes-Oxley Act, Scott Green

Journal of International Business and Law

No abstract provided.


Enronitis: Why Good Corporations Go Bad, Daniel J.H. Greenwood Jan 2004

Enronitis: Why Good Corporations Go Bad, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

The Enron problem - managers becoming extraordinarily wealthy while misleading shareholders, creditors and employees about the company's prospects and even driving it into the ground - is widely understood to be the result of too weak a legal mandate supporting the share-centered paradigm of corporate law. Paradoxically, it is also the predictable result of too strong a share-centered view of the public corporation. Share-centered corporate law creates the very problems it is meant to police. The single-valued profit maximization ethos of the share-centered corporation demands that managers teach themselves to exploit everyone around them: it is inevitable that some will …


Congressional Oversight: Interpreting The Phrase "Financial Statements" Within Section 10a Of The Securities Exchange Act Of 1934, Jamie A. Barber Jan 2003

Congressional Oversight: Interpreting The Phrase "Financial Statements" Within Section 10a Of The Securities Exchange Act Of 1934, Jamie A. Barber

Hofstra Law Review

No abstract provided.


Toward Abandoning Organized Professionalism, Thomas D. Morgan Jan 2002

Toward Abandoning Organized Professionalism, Thomas D. Morgan

Hofstra Law Review

No abstract provided.


What Needs Fixing?: "So Obvious, And So Easily Done", Burnele V. Powell Jan 2002

What Needs Fixing?: "So Obvious, And So Easily Done", Burnele V. Powell

Hofstra Law Review

No abstract provided.


Reflections On Confidentiality - A Practitioner's Response To Spaulding V. Zimmerman, Carol M. Langford Jan 1999

Reflections On Confidentiality - A Practitioner's Response To Spaulding V. Zimmerman, Carol M. Langford

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


The Case Against Secret Settlements (Or, What You Don't Know Can Hurt You), Richard A. Zitrin Jan 1999

The Case Against Secret Settlements (Or, What You Don't Know Can Hurt You), Richard A. Zitrin

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


The Client Fraud Problem As A Justinian Quartet: An Extended Analysis, Geoffrey C. Hazard Jr. Jan 1997

The Client Fraud Problem As A Justinian Quartet: An Extended Analysis, Geoffrey C. Hazard Jr.

Hofstra Law Review

No abstract provided.


Powered By More Than Gaas: Section 10a Of The Private Securities Litigation Reform Act Takes The Accounting Profession For A New Ride, Andrew W. Reiss Jan 1997

Powered By More Than Gaas: Section 10a Of The Private Securities Litigation Reform Act Takes The Accounting Profession For A New Ride, Andrew W. Reiss

Hofstra Law Review

No abstract provided.