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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
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
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
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
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
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
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
"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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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.