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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 …

Accountable Ai And Insider Trading: The Other 'Black Box' Problem, J. Scott Colesanti

Hofstra Law Faculty Scholarship

No abstract provided.

Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff

Hofstra Law Faculty Scholarship

Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the "warrant of commitment." Judges issued these warrants to jail defendants pending trial.

This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant-a process that currently falls far short of fulfilling its constitutional and historical function.

History supports …

The Delinquent Guidelines: Calling On The U.S. Sentencing Commission To Stop Counting Defendants' Prior Offenses Committed Before Age 18, Ian Marcus Amelkin, Nicholas Pugliese

Hofstra Law Faculty Scholarship

The United States Sentencing Guidelines' recidivism provisions recommend harsher punishment for defendants with a prior criminal record The Guidelines authorize an accounting not only of a federal defendant’s criminal record as an adult, but also as a child. Prior offenses committed before age 18 enhance sentences for thousands of people each year, but the practice has not been widely explored in the academic literature. A federal defendant’s juvenile record can lead to a higher Guidelines range through a variety of mechanisms. It can increase a defendants criminal history category, increase the crime's total offense level, qualify the individual for "career …

The Modern Way To Write A Statute Is To Tell A Story, Richard K. Neumann Jr.

Hofstra Law Faculty Scholarship

Except for the United States, the English-speaking world has been moving toward writing statutes as stories with characters and plot tensions. British statutes are the most advanced in this respect.

To illustrate the British method, the key statutes in the Mar-a-Lago Indictment are redrafted in this article to resemble the form they would take if recently enacted by Parliament. l compare the statutes and the redrafts side-by-side. And I do the same thing with two sections of the Electoral Count Act, which governs what Congress does on every January 6 following a presidential election year.

The article explains how the …

African American Parents And School-Based Parental Involvement At The Secondary Level, Mark A. Dykes

Theses and Dissertations

Parental involvement is a multifaceted construct that includes school-based, home-based, and academic socialization. School-based parental involvement in education has been positively associated with academic achievement for all students. However, educational leaders are challenged to get parents involved in school-based activities, such as the School Site Council, Parent Council, and Open Houses.

The purpose of this qualitative descriptive study is to examine the reasons why African American parents are not fully involved in the policymaking and organizational activities at the target secondary school. This study is guided by the combined conceptual frameworks of Critical Race Theory, the Hoover-Dempsey and Sandler framework, …

English-Spanish Bilingual Speech Language Pathologists’ Experiences Using Conceptual Scoring To Evaluate English Language Learner Students In A Large School District, Barbara De Jesus Rivera

Speech Language Pathology Dissertations

The number of bilingual students has increased across schools in the United States. Assessment in both the native language and English is considered the standard for evaluating bilingual children referred for language testing. Conceptual Scoring is an evaluation approach for bilingual students that considers the student’s responses in both languages to obtain an overall language score. The current study (a) sought to explore the decision-making process of bilingual SLPs when evaluating bilingual students, (b) to gain a deeper understanding on how bilingual SLPs incorporate conceptual scoring in the evaluation process, and (c) to explore what areas are considered strengths and …