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In Re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting From The Interpretation Of The Private Securities Litigation Reform Act's Pleading Standard., Adam C. Pritchard, Marilyn F. Johnson, Karen K. Nelson

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This Article presents an empirical study of changes in shareholder wealth resulting from the Ninth Circuit Court of Appeals decision in In re Silicon Graphics Inc. Securities Litigation, which interpreted the pleading provision established in the Private Securities Litigation Reform Act of 1995 (the "Reform Act"). Congress passed the Reform Act as part of an ongoing effort to protect corporations from abusive suits alleging "fraud by hindsight." In such suits, plaintiffs claimed that a sudden drop in a company's stock price was evidence that the issuer and its management covered up the bad news that led to the price drop. …

Why Supervise The Refugee Convention?, James C. Hathaway

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The Refugee Convention is the only major human rights treaty that is not externally supervised. Under all of the other key UN human rights accords — on the rights of women and children, against torture and racial discrimination, and to promote civil and political, as well as economic, social, and cultural rights — there is at least some effort made to ensure that States are held accountable for what they have signed onto.

Good Faith And The Cooperative Antagonist (Symposium On Revised Article 1 And Proposed Revised Article 2 Of The Uniform Commercial Code), James J. White

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One of Karl Llewellyn's most noted achievements in the Uniform Commercial Code was to impose the duty of good faith on every obligation under the Uniform Commercial Code.1 Some (I am one) have privately thought that imposition of this unmeasurable, undefinable duty was Llewellyn's cruelest trick, but no court, nor any academic writer, has ever been so bold or so gauche as to suggest that good faith should not attend the obligations of parties under the UCC. Notwithstanding this silent indorsement of the duty of good faith, the courts2 and commentators3 have had difficulty in determining what is and what …

Cooley Innocence Project Kick-Off, Barry Scheck

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The Innocence Project, through the use of DNA testing, has successfully exonerated numerous wrongfully convicted individuals, exposing systemic flaws in the criminal justice system. This has highlighted the need for legal reforms to address issues such as eyewitness misidentification, false confessions, and fraudulent forensic science, ultimately aiming to prevent future wrongful convictions.

Rulemaking, Michael Herz

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No abstract provided.

Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton

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The United States Supreme Court has issued a series of opinions that turn on the Constitution's inherent principles of federalism, decisions that have alarmed many a legal scholar. Some scholars have attacked the Court for overstepping its bounds, and others have criticized the Court on the ground that the federal/state balance should be maintained through the political process rather than judicial review. The most recent advocate of this position, Professor Larry Kramer, recently argued in the Columbia Law Review that the political party structure ensures that state interests are taken into account at the federal level, and therefore the Supreme …

Mediation Of Probate Matters: Leaving A Valuable Legacy, Lela P. Love

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No abstract provided.

'Bush' V. 'Gore': What Was The Supreme Court Thinking?, Richard D. Friedman

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One of the most astonishing episodes in American political history ended last month with perhaps the most imperial decision ever by the United States Supreme Court. In one stroke, the Court exercised power that belonged to Congress, the legislature of Florida, Florida's courts and administrators, and, most importantly, the people of the state.

The Problem Of A Viscoelastic Cylinder Rolling On A Rigid Half-Space, John Murrough Golden, G.A.C. Graham

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The problem of a viscoelastic cylinder rolling on a rigid base, propelled by a line force acting at its centre, is solved in the noninertial approximation. The method used is based on a decomposition of hereditary integrals developed by the authors in previous work, and on the viscoelastic Kolosov-Muskhelishvili equations which are used to generate a Hilbert problem. In this formulation, the problem reduces to a nonsingular integral equation in space and time, which simplifies under steady-state conditions and for exponential decay materials, to algebraic form. There are also two subsidiary conditions.

In the case of a standard linear model, …

Demutualization Of Financial Exchanges: Business As Usual?, Caroline Bradley

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No abstract provided.

Eddy Structures Induced Within A Wedge By A Honing Circular Arc, C. P. Hills

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In this paper we outline an expeditious numerical procedure to calculate the Stokes flow in a corner due to the rotation of a scraping circular boundary. The method is also applicable to other wedge geometries. We employ a collocation technique utilising a basis of eddy (similarity) functions introduced by Moffatt (1964) that allows us to satisfy automatically the governing equations for the streamfunction and all the boundary conditions on the surface of the wedge. The circular honing problem thereby becomes one-dimensional requiring only the satisfaction of conditions on the circular boundary. The advantage of using the Moffatt eddy functions as …

Eddies Induced In Cylindrical Containers By A Rotating End Wall, Christopher Hills

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The flow generated in a viscous liquid contained in a cylindrical geometry by a rotating end wall is considered. Recent numerical and experimental work has established several distinct phases of the motion when fluid inertia plays a significant role. The current paper, however, establishes the nature of the flow in the thus far neglected low Reynolds number regime. Explicitly, by employing biorthogonality relations appropriate to the current geometry, it is shown that a sequence of exponentially decaying eddies extends outward from the rotating end wall. The cellular structure is a manifestation of the dominance of complex eigensolutions to the homogeneous …

In Memory Of Joni Cesta, Neil D. Levin, Thomas Crane Wales, Glenn J. Winuk, David Yellen

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Volume 30 of the Hofstra Law Review is dedicated to members of the Hofstra community, including four graduates of the Law School, who were violently taken from us during the past year. Of the four Law School graduates, Joni Cesta '91, Neil D. Levin '81, and Glenn J. Winuk '87 were lost in the September 1 1th terrorist attacks on the World Trade Center. Thomas Crane Wales '79 was murdered in Seattle, Washington on October 11, 2001. The Hofstra Law Review presents the following biographical sketches to honor the memory of these four distinguished alumni.

Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge

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No abstract provided.

Foster Care: The Border Of Family Identity Maintaining, (Re)Creating, Destroying, Zanita E. Fenton

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No abstract provided.

State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore

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No abstract provided.

Berle And Means Reconsidered At The Century's Turn, William Wilson Bratton

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No abstract provided.

Reaction And Reform: Transforming The Judiciary Under Alabama's Constitution, 1901-1975 Symposium: Celebrating The Centennial Of The Alabama Constitution: An Impetus For Reflection, Tony A. Freyer, Paul M. Pruitt Jr.

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No abstract provided.

Racial Profiling And Whren: Searching For Objective Evidence Of The Fourth Amendment On The Nation's Roads, Alberto B. Lopez

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No abstract provided.

$10 And A Denim Jacket--A Model Statute For Compensating The Wrongly Convicted, Alberto B. Lopez

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No abstract provided.

Ralph Ellison As Oral Storyteller Ralph Ellison And The Law: Invisible Man And Other Ellison Texts, Steven H. Hobbs

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No abstract provided.

Legality Of U.S. Strikes Under International Law, The Feature, Daniel H. Joyner

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No abstract provided.

Expropriatory Intent: Defining The Proper Boundaries Of Substantive Due Process And The Takings Clause, Ronald J. Krotoszynski Jr.

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Expropriatory Intent Defining the Proper Boundaries of Substantive Due Process and the Takings Clause examines and critiques the contemporary Supreme Courts expansive construction of the Takings Clause Although the Supreme Court generally has decried the use of substantive due process to invalidate economic and social legislation many of the recent regulatory takings cases deploy the Takings Clause to second guess the legitimacy or fundamental fairness of such enactments The article argues that when a plaintiff alleges that a federal or state law is fundamentally unjust or arbitrary the federal courts should analyze the merits of the claim under the rubric …

Focusing The Reparations Debate Beyond 1865 Book Review, Alberto B. Lopez

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No abstract provided.

An Epitaphios For Neutral Principles In Constitutional Law: Bush V. Gore And The Emerging Jurisprudence Of Oprah, Ronald J. Krotoszynski Jr.

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No abstract provided.

Highway 101: Lessons In Legal Ethics That We Can Learn On The Road, Carol Rice Andrews

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No abstract provided.

The Difference Women Judges Make: Stare Decisis, Norms Of Collegiality, And Feminine Jurisprudence--A Research Proposal Symposium And Workshop On Judging, Heather Elliott

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No abstract provided.

Speaking Of The World: Fact, Opinion And The Originality Standard Of Copyright, Alan L. Durham

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No abstract provided.

Reconceptualizing Federal Habeas Corpus For State Prisoners: How Should Aedpa's Standard Of Review Operate After Williams V. Taylor, Adam N. Steinman

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No abstract provided.

The Uneasy Marriage Of Export Incentives And The Income Tax, Mihir A. Desai, James R. Hines Jr.

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This paper investigates the economic effect of tax incentives for American exports. These incentives include a partial tax exemption for export profits (available by routing exports through foreign sales corporations) and the allocation of some export profits to foreign-source income for purposes of U.S. taxation. The analysis highlights three important aspects of these policies. First, official figures appear to understate dramatically the tax expenditures associated with some U.S. export incentives. Correctly measured, total export benefits provided through the income tax are equivalent to a 1-percent ad valorem subsidy. Second, the 1984 imposition of more rigorous requirements for obtaining export subsidies …