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Articles 1 - 30 of 3133
Full-Text Articles in Law
Daca's Major Questions Exception, Matthew Calabrese
Daca's Major Questions Exception, Matthew Calabrese
Hofstra Law Review
The Supreme Court has extracted a new role as the gatekeeper of administrative action under the major questions doctrine. Underlying the doctrine is an understanding that agencies cannot act to address policy issues implicating questions of great political and economic significance unless specifically authorized by Congress. However, DACA presents a different question that should be exempted from the major questions doctrine. This is because DACA relies on two levels of executive authority: statutory—under the Immigration and Nationality Act and the Homeland Security Act—and constitutional—under the Take Care Clause. Because, as this Article explains, the two authorities cannot be disentangled, courts …
Controlling Buyer And Seller Power: Reviving Enforcement Of The Robinson-Patman Act, Daniel A. Hanley
Controlling Buyer And Seller Power: Reviving Enforcement Of The Robinson-Patman Act, Daniel A. Hanley
Hofstra Law Review
The Robinson-Patman Act (“RPA”) is a federal law enacted in 1936. Congress’s goal in drafting this historic legislation was to protect and promote democracy and individual liberty in the United States by supporting the creation and vitality of small and independent businesses, thereby distributing power and opportunity within the U.S. political economy.This Article provides a robust defense of Congress’s goals and intentions in enacting the RPA as well as a detailed history of how the Act benefited American society when it was vigorously enforced. It concludes with thoughts on how the RPA can be used to revitalize today’s economy, thus …
The Adolescent Mental Health Crisis: A Case Study In Family Court Planning, Andrew Schepard
The Adolescent Mental Health Crisis: A Case Study In Family Court Planning, Andrew Schepard
Hofstra Law Review
The article focuses on addressing the adolescent mental health crisis within the framework of family court planning, particularly in the context of parental separation and divorce. It emphasizes the need for comprehensive planning processes within family courts to integrate Family Dispute Resolution (FDR) as a central strategy for tackling this crisis effectively. It seeks to enhance mental health services for adolescents involved in family court proceedings.
Does The Federal Budget Trump Constitutional Rights, Laura Snyder
Does The Federal Budget Trump Constitutional Rights, Laura Snyder
Hofstra Law Review
Even though most Americans living outside the United States do not owe U.S. federal income tax, the U.S. nationality-based income tax system nevertheless places considerable burdens on them. In doing so, the system violates Fourteenth Amendment equal protection as well as other constitutional and human rights. The purpose of the system is not to raise revenue. Instead, its purpose is to punish and scapegoat American nationals living outside the United States, for no reason other than the fact that they live outside the United States. This is evidenced by the statements and actions of policymakers as well as by Internal …
Taking Back The Bar: The Need For State Legislation Directed At Addressing The Disparate Impact Of The Bar Exam And Holding The Ncbe Accountable, Alexa Cibellis
Taking Back The Bar: The Need For State Legislation Directed At Addressing The Disparate Impact Of The Bar Exam And Holding The Ncbe Accountable, Alexa Cibellis
Hofstra Law Review
No abstract provided.
The Rule Is A Mess, So It Needs Amendments: Reexamining And Revising The Religious Exemption Of The Copyright Act, Toniann Pasqueralle Sheridan
The Rule Is A Mess, So It Needs Amendments: Reexamining And Revising The Religious Exemption Of The Copyright Act, Toniann Pasqueralle Sheridan
Hofstra Law Review
No abstract provided.
All Bark, No Bite: How The Lone Star "Junk-Science Writ" Could Reinvigorate Federal Habeas Review, Robert Harry Saylor Iii
All Bark, No Bite: How The Lone Star "Junk-Science Writ" Could Reinvigorate Federal Habeas Review, Robert Harry Saylor Iii
Hofstra Law Review
No abstract provided.
Where Is The Action? Choosing Securities Joinder Action Over Securities Class Action In Korea, Joon Buhm Lee
Where Is The Action? Choosing Securities Joinder Action Over Securities Class Action In Korea, Joon Buhm Lee
Journal of International Business and Law
Investor plaintiffs, or the attorneys who represented such plaintiffs, could pursue securities fraud claims as a joinder or class action after Korea enacted the Securities-related Class Action Act of 2005 (“SCAA”). Nevertheless, as time revealed, not many class action cases were filed. Research shows that investors are filing securities fraud actions as joinder actions. Not only are the investor plaintiffs filing, but many of them are winning. This article argues that such filings are rational choices made by risk-neutral plaintiffs and plaintiffs’ attorneys. Because the rules for filing a joinder action and a class action differ in various aspects, the …
The Collegiate Sports Revolution: The Expected And Unexpected Effects Of The Supreme Court's Latest Ruling On Paying College Athletes, Liam Sugrue
Journal of International Business and Law
No abstract provided.
Nobody Has A "Corner On The Market": The Collaborative Use Of Both In-House Counsel And Outside Counsel, Jeffrey Newton
Nobody Has A "Corner On The Market": The Collaborative Use Of Both In-House Counsel And Outside Counsel, Jeffrey Newton
Journal of International Business and Law
No abstract provided.
Comparative Analysis Of American And Chinese Letter Of Credit Law: To Mitigate Or Not To Mitigate That Is The Question, Jingen Wang, Larry A. Dimatteo
Comparative Analysis Of American And Chinese Letter Of Credit Law: To Mitigate Or Not To Mitigate That Is The Question, Jingen Wang, Larry A. Dimatteo
Journal of International Business and Law
Under American and Chinese law, the duty of the non-breaching party to mitigate damages is a core principle of general contract law. In the United States, an exception is found in letters of credit law where the beneficiary party has no such duty when an issuing bank (issuer) wrongfully dishonors payment under a letter of credit (LC). The beneficiary may recover the face amount dishonored plus any other losses recoverable under applicable law. The rationale for not applying the general duty of mitigation to letters of credit (LCs) is the independence principle, which asserts that the LC transaction is independent …
An Artist's Right To Their Fair Share: How The Playing Field For Public Rights In America Could Be Dramatically Altered, Yonatan Bertel
An Artist's Right To Their Fair Share: How The Playing Field For Public Rights In America Could Be Dramatically Altered, Yonatan Bertel
Journal of International Business and Law
No abstract provided.
To Ban Ransomeware Payments Or Not To Ban Ransomware Payments: The Problems Drafting Legislation In Reponse To Ransomware, Sean O'Connell
To Ban Ransomeware Payments Or Not To Ban Ransomware Payments: The Problems Drafting Legislation In Reponse To Ransomware, Sean O'Connell
Journal of International Business and Law
No abstract provided.
Auditing The Auditors: Overregulations Under The Sarbanes-Oxley Act, Sheila Krische
Auditing The Auditors: Overregulations Under The Sarbanes-Oxley Act, Sheila Krische
Hofstra Law Review
The article analyzes the constitutional authority of the SEC (U.S. Securities and Exchange Commission) and PCAOB (Public Company Accounting Oversight Board) to regulate auditors' examination practices, amidst recent scandals involving major auditing firms. It questions their statutory mandate and explores the balance between self-regulation and government oversight in the accounting profession.
Purple Or Pink: Time To Rethink The Availability Of Promethazine With Codeine, Deepa J. Shiwcharan
Purple Or Pink: Time To Rethink The Availability Of Promethazine With Codeine, Deepa J. Shiwcharan
Hofstra Law Review
The article focuses on the availability of promethazine with codeine (CPHCS) without a prescription and its implications for misuse, particularly in the context of recreational drug use known as "pharming." It explores the prevalence of pharming, the legal status of CPHCS, and the associated risks and challenges.
Incorporating Social Justice And Environmental Sustainability Into Estate Planning Through Conservation Easements, Trace Brooks
Incorporating Social Justice And Environmental Sustainability Into Estate Planning Through Conservation Easements, Trace Brooks
ACTEC Law Journal
As climate change and social inequalities become increasingly pressing issues, estate planning has emerged as a powerful tool for promoting both social justice and environmental sustainability. This article explores the intersection of estate planning, private land conservation, social justice, and environmental sustainability.
Marvin Claims At Death, Patricia A. Cain
Marvin Claims At Death, Patricia A. Cain
ACTEC Law Journal
In 1976, the California Supreme Court handed down its decision in Marvin v. Marvin, recognizing the enforcement of contract and equitable claims that could be asserted when an unmarried partnership was dissolved. Most states have followed the basic holding in Marvin, although important differences in state law have developed over time. Recently, the Uniform Law Commission has approved a uniform act dealing with these issues, the Uniform Cohabitants' Economic Remedies Act (UCERA). This essay will focus, instead, on claims to Marvin rights that are asserted after the death of one partner, typically in probate court.
How Gender And Other Identity Factors Influence Attitudes Toward Will Making: Lessons From Australia, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Stephen Whyte, Uwe Dulleck
How Gender And Other Identity Factors Influence Attitudes Toward Will Making: Lessons From Australia, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Stephen Whyte, Uwe Dulleck
ACTEC Law Journal
This essay aims to stimulate interest in further empirical study of attitudes toward will making by reporting the results of a 2022 survey conducted in Australia of the general population (n=1202) and legal professionals (n=112). We asked participants for their views about the ideal age at which to begin the will-making process and the relative contributions of the client and attorney to any resulting will. There was a discernible gender-based difference in views on both questions. Women preferred to initiate those conversations approximately six years earlier than men did and, especially at earlier life stages, preferred less professional input into …
A Critical Analysis Of The Law Of Death, Marriage, And Wealth, Alyssa A. Dirusso
A Critical Analysis Of The Law Of Death, Marriage, And Wealth, Alyssa A. Dirusso
ACTEC Law Journal
No abstract provided.
Is Estate Planning Ethical In An Increasingly Inequitable World?, Harry S. Margolis
Is Estate Planning Ethical In An Increasingly Inequitable World?, Harry S. Margolis
ACTEC Law Journal
No abstract provided.
When Twilight Becomes Darkness: Capacity Issues In Connection With Revocable Trusts, Sergio Pareja
When Twilight Becomes Darkness: Capacity Issues In Connection With Revocable Trusts, Sergio Pareja
ACTEC Law Journal
No abstract provided.
The Haunting Of Wealth Law, Allison Tait
Heirs Property: An Examination Of Probate Costs And The Costs Of Postmortem Probate Inaction, Reid Kress Weisbord
Heirs Property: An Examination Of Probate Costs And The Costs Of Postmortem Probate Inaction, Reid Kress Weisbord
ACTEC Law Journal
“Heirs property” describes a legal limbo that occurs when multiple heirs or will beneficiaries inherit real property as tenants-in-common without promptly probating the estate to transfer marketable title out of the decedent’s name. This Article draws on recent empirical research to examine the demography of heirs property. It then takes a closer look at the adverse economic impact of postmortem probate inaction by and upon the decedent’s inheritors.
Reimagining Lawyering: Supporting Well-Being And Liberation, Susan L. Brooks
Reimagining Lawyering: Supporting Well-Being And Liberation, Susan L. Brooks
Hofstra Law Review
Given the tremendous turmoil we continue to experience throughout the globe, the present moment calls on us as legal educators to reimagine how we teach and practice law to incorporate more heart-centered, purpose-driven, and embodied sources of wisdom. Our approach needs to center relationships and respect for the dignity of all human beings in mindful and wholehearted ways.
Taking A Mulligan On Golfer Liability For Damages To Adjacent People And Property: Why Existing Standards Are Too Defendant-Friendly, Michael Conklin, Andrew Tiger
Taking A Mulligan On Golfer Liability For Damages To Adjacent People And Property: Why Existing Standards Are Too Defendant-Friendly, Michael Conklin, Andrew Tiger
Hofstra Law Review
This Article is the first of its kind to argue for a more expansive interpretation of golfer liability for damages caused to people and property adjacent to a golf course. To arrive at this conclusion, the latest in golf course computer modeling is applied to a recent $5 million jury verdict to demonstrate the considerable frequency of errant golf shots.
The A.I. Intellectual Property Office Of The Future: A Proposal To Grant Authorship And Inventorship Rights To A.I., Ally E. Kaden
The A.I. Intellectual Property Office Of The Future: A Proposal To Grant Authorship And Inventorship Rights To A.I., Ally E. Kaden
Hofstra Law Review
The article focuses on addressing the challenges and opportunities presented by the advancement of artificial intelligence (A.I.) technology within the context of intellectual property laws in the U.S. It argues for the inclusion of A.I. as authors and inventors within copyright and patent laws, advocating for legal recognition and protection of A.I.-generated creative works and innovations.