Digital Commons Network^™

Essential Speech: Why Corporate Speech Is Not Free, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

In a democracy, the citizens are the only legitimate sources of law. It follows inexorably that corporations, not being citizens, cannot be legitimate political actors.

The problem of corporate speech is further complicated by the internal rules of corporate governance. When corporations "speak," they do so by decision of their managers, who are constrained by fiduciary duties and economic pressure of the stock market to advocate for a single value: maximum profit for shares. In a multifaceted culture of manifold and various values, it is inevitable that the pursuit of profit, valuable as it is, will conflict with other important …

Freedom Of Speech: How Does The New York Constitution Compare To The United States Constitution, Eileen R. Kaufman, Leon Friedman

Hofstra Law Faculty Scholarship

One of the most interesting, and certainly most litigated, defamation questions in New York State is when constitutional protection should be afforded speech that arguably would be regarded as opinion. In resolving that question, the New York Court of Appeals has decided that the New York State Constitution affords greater protection for speech than does the federal constitution. While the New York standard seems to be far more generous in protecting speech than the federal standard, it may be that in the vast majority of cases, the outcomes would be the same under either state or federal analysis. The two …

Parental Conflict Prevention Programs And The Unified Family Court: A Public Health Perspective, Andrew Schepard

Hofstra Law Faculty Scholarship

The thesis of this article is that every unified family court should develop a prevention plan to help parents reduce conflict arising out of divorce and separation. A coherent prevention strategy should become a fundamental criteria for distinguishing high-quality family courts from those that do not serve their publics as well. Models of useful pro-grams already exist and can be incorporated into a court's prevention plan. Judges, legislators, lawyers, mental health professionals, and child advocates should insist that they are.

Section Two of this article describes the problems facing courts, parents, and children resulting from divorce and separation in terms …

The Policy And Politics Of Charter Making: The Story Of New York City's 1989 Charter, Frederick A.O. Schwarz Jr., Eric Lane

Hofstra Law Faculty Scholarship

On November 7, 1989, the voters of the City of New York approved, by a vote of fifty-five percent to forty-five percent, the broadest and most radical changes to their Charter since 1901. These changes abolished the City's historic Board of Estimate, while preserving a borough voice in government, expanding and increasing the powers of the City Council, retooling almost all of the City's significant decision-making processes, and adding a myriad of other changes. These changes were the product of a revision process that started in mid-1987 with the first hearings of an initial Charter revision commission, and moved to …

Remarks At Symposium On The Future Of Legal Services, Eric M. Freedman

Hofstra Law Faculty Scholarship

I'm glad to go first on this panel, both because I need to be less clever in what I say to distinguish myself from what already has been said, and also because a couple of later speakers - who, as you will hear, have somewhat more credentials in litigation and in constitutional theory - can correct me where I go wrong. And, perhaps not coincidentally, after I say a few brief words about legal theory and the litigation outlook, my conclusion is going to be that neither of those subjects is really where the focus probably ought to be in …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Neither Dead Nor Forgotten: The Past, Present, And Future Of The Communications Decency Act In Light Of Reno V. Aclu, Sue Ann Mota

Computer Law Review and Technology Journal

The Communications Decency Act (CDA) was enacted by Congress in February of 1996 as part of the Telecommunications Act of 1996. The goal of the CDA was to limit children's exposure to sexually explicit online materials. President Clinton signed the bill into law on February 8, 1996, and the CDA was immediately challenged.  A three-judge federal district court panel in ACLU v. Reno held that certain provisions of the CDA violate the U.S. Constitution. On June 26, 1997, the Supreme Court handed down its decision, affirming that certain provisions of the CDA violate the First Amendment. The provisions held to …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Legal Protection Of Collections Of Facts, Charles Brill

Computer Law Review and Technology Journal

Database compilers traditionally have used copyright and trade secret laws to protect their databases from appropriation by competitors. A 1991 Supreme Court decision, however, casts some doubt on the copyright protection extended to databases in the United States. In response to the Supreme database industry has launched a worldwide effort to encourage legislation to provide strong protection of databases, especially electronic databases.These efforts have borne fruit in Europe where Great Britain has passed laws protecting databases from unfair extraction and the European Union has mandated a sui generisprotection which, in conjunction with existing copyright laws, will provide very strong protection …

Copyrighting Cyberspace: Unweaving A Tangled Web, Robert N. Diotalevi

Computer Law Review and Technology Journal

The Internet, which began as a research project, is now the largest computer system in the world. Commonly known as the net or cyberspace, this superhighway offers a variety of useful information through its ocean of URL's, browsers and hyperlinks. Although to some people this new generation of technology may seem intimidating or even far-fetched, the reality is that its opportunities are vital to nearly every facet of modem life. With advancing technology comes new legal battles. The age of information has exposed and tested many limitations of copyright law. This work attempts to explain present copyright law as it …

Telephone Companies Go To Battle Over The Internet, Peter C. Salaverry

Computer Law Review and Technology Journal

Entering the twenty-first century, Americans, like most people around the world, regard the Internet as a free and unregulated means of communication. Naive to its origins, many individuals surf the Internet unaware of the debates concerning its regulation.

In March 1996, America's Carriers Telecommunication Association (ACTA), a trade association of roughly 130 long-distance carriers, petitioned the Federal Communications Commission (FCC) to confirm "its authority over interstate and international telecommunications services using the Internet." More specifically, the ACTA petition requested that the FCC enjoin software distributors of long-distance telephone software and other providers of non-tariffed and uncertified entities, compelling them to …

Current Advertising Regulations And The Internet, Lori A. Lustberg

Computer Law Review and Technology Journal

Since its inception, the Internet has brought society an array of opportunities. With those opportunities challenges arise. The Internet advertising arena is no different. The opportunities for companies to use the Internet to reach their target audiences are extraordinary. Because no regulations apply specifically to the Internet and since no agency has the specific task of regulating it, however, questions are plentiful regarding how and to what extent advertising is acceptable over the Internet. Both consumers and advertisers can clearly benefit from the use of advertising on the Internet. Consumers can readily and easily access information and products in which …

M.L.B. V. S.L.J.: Extension Of In Forma Pauperis Appeals To The Civil Arena In Termination Of Parental Rights Cases - Creation Of A Vast New Constitutional Right Or Limited Exception To The General Rule, Rick Moore

MC Law Review

Symposium - An Analysis of Mississippi Cases Argued before the United State Supreme Court

Terry And Miranda: The Conflict Between The Fourth And Fifth Amendments To The United States Constitution, Thomas Gerry Bufkin

MC Law Review

Comment

Tolling The Three-Year Period For Discharge Of Income Taxes: Is There Plain Meaning In 11 U.S.C. 507(A)(8)(A)(I), William Houston Brown, Daniel Alan Hawtof

MC Law Review

Symposium - An Analysis of Developments in Bankruptcy Law

Extension Of Copyright To Fonts-Can The Alphabet Be Far Behind?, Jonathan L. Mezrich

Computer Law Review and Technology Journal

In February 1998, a federal district court issued a decision that may have a profound impact on the software industry. The court held, in Adobe Systems, Inc. v. Southern Software, Inc., that copyright law protects "software programs" that create fonts that are distinct typefaces. This ruling is ill-conceived. While people should be rewarded and protected for their creativity, copyright law should not be extended to cover the "artwork" inherent in font "glyphs," which, in their most basic form, comprise the alphabet itself.

The software industry has experienced dramatic growth in the past decade. While a small number of dominant …

Savouring Ireland: Cooking Through The Seasons, Nuala Cullen

Cookery Books

Published by Gill& Macmillan in 1998. Editor Fleur Robertson, Design Louise Clements, Photography Michael Diggin Photography, Recipe Photography Quadrillion Publishing Ltd., Production Ruth Arthur, Karen Staff, Neil Randles, Director of Production Graeme Proctor.

Access Publisher's Website here

138p., col.ill., 28cm.

Good Enough To Eat : How We Shop, What We Eat, Maureen Tatlow

Cookery Books

Published by Gill & Macmillan Goldenbridge, Dublin 8 in 1998. Design by Identikit Design Consultants, print origination by O'K Graphic Design, Dublin, printed by ColourBooks Ltd., Dublin. Cover design by Slick Fish Design.

In this book the author looks at the food we buy, she gives an honest description of how our food is produced.

254 p. 21 cm.

Ideal Home Cooking, Paul Rankin, Jeanne Rankin

Cookery Books

Published by Boxtree, 25 Eccleston Place, London in 1998.

Typeset by Florencetype, Designed by Roger Hammond & printed & bound in Italy by New InterLitho.

191 p. col. ill., 28 cm.

Remote Sensing Of Commercial Aircraft Emissions, Peter J. Popp, Donald H. Stedman

Fuel Efficiency Automobile Test Publications

No abstract provided.

"Daumier Was No Camera", Sarah Studnicki '00

Undergraduate Review

No abstract provided.

Narrow Liberalism And Defining Democracy, Justin Taylor '99

Undergraduate Review

No abstract provided.

Birth Control And The Catholic Church, Justin Allen '01

Undergraduate Review

No abstract provided.

Note From The Chair, Tari Renner

Res Publica - Journal of Undergraduate Research

No abstract provided.

Economic And Political Determinants Of State Spending, Chris Dunlap '98

Res Publica - Journal of Undergraduate Research

Policy in the American States, Erikson, Wright, and McIver (1993) study the effects of individual state partisanship and political ideology on state presidential voting. In general, they found that partisanship and ideology affected presidential voting independently of one another. In addition, from 1988 through 1992 (the last year of their study), they found that ideology became more important in explaining variation in presidential vote. Renner (1997) took this study further, and showed, using newer data, that since 1992, partisanship and ideology have become more equal in their explanation of tile variance in presidential voting.

Environmental Commitment Among The States, Nate Knuffman '98

Res Publica - Journal of Undergraduate Research

Over the last three decades, the environment has become established as a major issue on the American political agenda. Into the 1970s, rising public concern about threats to the environment resulted in changes in government policies at all levels. The US adopted an extensive number of major environmental and resource policies which imposed increasingly stringent standards on industry. New institutions, like the US Environmental Protection Agency, were created to manage environmental programs and spending was greatly increased for these programs. However, under the Reagan administration in the 1980s, a conservative policy agenda was implemented which accelerated devolution and resulted in …

Partisanship And Constituency Influences On Congressional Roll-Call Voting Behavior In The Us House, Greg Crowe '98, Elizabeth Ann Eberspacher '98

Res Publica - Journal of Undergraduate Research

This research examines the factors that influence how members of the US House of Representatives vote. Party affiliation of the legislator and constituency interests will be the two main independent variables. The district's constituency characteristics are represented by constituency ideology ('96 Presidential vote for Clinton), percent non-white, region, and the median household education. Three models are used to measure congressional voting behavior. The first of which is measured by the rating of the member's vote with the Christian Coalition. The second and third models are derived from the National Journal Ratings of social and economic liberalism of the member's vote.

Unheeded Advice, John Gutowski '98

Res Publica - Journal of Undergraduate Research

In his book, On the Social Contract, Rousseau discusses some of the main pitfalls to the survival of a government. By focusing on one paragraph, it is possible to get an in-depth view of one of Rousseau's causes of the dissolution of government.

Parting Advice: Timelines For Applying To Graduate School, Law School, And Finding A Job

Res Publica - Journal of Undergraduate Research

No abstract provided.

The Role Of Social Support In Mediating Stress And Illness, Valerie M. Stachour '98

Honors Projects

Social Support has been shown to be one important factor in the link between stress and illness. In this study, the role of social support is examined in light of the two different categorizations of social support: quality and quantity. High quality and high quantity social support groups were hypothesized to be correlated with lower illness levels. In an attempt to explore the relative merits of the main effect and the buffering hypotheses, the relative role of social support to stress and illness was examined. There was a significant correlation between quality of social support and illness levels. Quantity of …