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Articles 1 - 30 of 141
Full-Text Articles in Law
Between The Facts And Norms Of Police Violence: Using Discourse Models To Improve Deliberations Around Law Enforcement, Franciska Coleman
Between The Facts And Norms Of Police Violence: Using Discourse Models To Improve Deliberations Around Law Enforcement, Franciska Coleman
Hofstra Law Review
Police violence and protests of police violence have become a common feature of today's news cycles and have led to widespread critique and distrust of the law enforcement apparatus and police practice. States and municipalities have responded to the delegitimization of police practice with community-police dialogues. This Article argues that such dialogues can only restore the legitimacy of the police practice if they are deliberative in the Habermasian sense and also address the entrenched power asymmetries between communities and the police. This Article uses the community listening sessions of the Minnesota Governor's Council on Law Enforcement and Community Relations to …
A Comment On Modernizing New York Trust Law, C. Raymond Radigan, Jennifer F. Hillman
A Comment On Modernizing New York Trust Law, C. Raymond Radigan, Jennifer F. Hillman
ACTEC Law Journal
No abstract provided.
Trust Flexibility And The Role Of Courts In Limiting Property Forms, Carla Spivack
Trust Flexibility And The Role Of Courts In Limiting Property Forms, Carla Spivack
ACTEC Law Journal
No abstract provided.
Throwing The Book At Irresponsible Coaches: The Need For Consistent Pitch Limit Laws In Amateur Sports, Sam C. Ehrlich, John T. Holden
Throwing The Book At Irresponsible Coaches: The Need For Consistent Pitch Limit Laws In Amateur Sports, Sam C. Ehrlich, John T. Holden
Hofstra Law Review
No abstract provided.
Change Is Constant In Estate Planning: Reflections Of An Actec Law Journal Editor, Bridget J. Crawford
Change Is Constant In Estate Planning: Reflections Of An Actec Law Journal Editor, Bridget J. Crawford
ACTEC Law Journal
No abstract provided.
Powers Of Attorney Under The Uniform Power Of Attorney Act Including Reference To Virginia Law, F. Philip Manns Jr.
Powers Of Attorney Under The Uniform Power Of Attorney Act Including Reference To Virginia Law, F. Philip Manns Jr.
ACTEC Law Journal
The Uniform Power of Attorney Act (UPOAA), approved in 2006, slightly amended in 2008 and more significantly amended in 2016, has been adopted by 27 U.S. jurisdictions. The UPOAA promotes uniformity in language delineating an agent's powers and mandates that third parties accept notarized powers of attorney. Under the UPOAA, an instrument simply granting an agent authority to do "all acts that a principal could do," vests that agent with broad powers: the precise delineation of those powers is produced by about a dozen pages of UPOAA text automatically incorporated by reference into such "all acts" instruments. However, the UPOAA …
Et Tu (A)(2)? Blattmachr & Gans Dismantle Tax Court's Powell Analysis, N. Todd Angkatavanich, James I. Dougherty, Eric Fischer
Et Tu (A)(2)? Blattmachr & Gans Dismantle Tax Court's Powell Analysis, N. Todd Angkatavanich, James I. Dougherty, Eric Fischer
ACTEC Law Journal
No abstract provided.
The New York Revised Statutes' Trust Code And The Path Of The Common Law, Alfred L. Brophy
The New York Revised Statutes' Trust Code And The Path Of The Common Law, Alfred L. Brophy
ACTEC Law Journal
No abstract provided.
Elegy, William P. Lapiana
Response To Professor Horton, Mr. James Pressly And Mr. J. Grier Pressly, Danaya C. Wright, Beth Sterner
Response To Professor Horton, Mr. James Pressly And Mr. J. Grier Pressly, Danaya C. Wright, Beth Sterner
ACTEC Law Journal
No abstract provided.
Ending Innocence Denying, Lara Bazelon
Ending Innocence Denying, Lara Bazelon
Hofstra Law Review
Prosecutors, the most powerful actors in the criminal justice system, also have the most difficult job: they must be "ministers of justice." A prosecutor's core mission is to vindicate the truth, rather than strive to "win" by accumulating a track record of convictions. When evidence somes to light suggesting that a wrongful conviction has occurred, a prosecutor's ethical obligation requires admitting to a terrible mistake and working to undo it. Many conscientious prosecutors accept this responsibility and confess to their errors. But too many do not. They insist, in the face of overwhelming evidence to the contrary, that wrongfully convicted …
It's Now Persuasion, Not Coercion: Why Current Law On Labor Protest Violates Twenty-First Century First Amendment Law, Michael J. Hayes
It's Now Persuasion, Not Coercion: Why Current Law On Labor Protest Violates Twenty-First Century First Amendment Law, Michael J. Hayes
Hofstra Law Review
No abstract provided.
The Iran Nuclear Deal: The Ethics Of Negotiations With A State That Routinely Violates Its Legal Obligations, David S. Jonas
The Iran Nuclear Deal: The Ethics Of Negotiations With A State That Routinely Violates Its Legal Obligations, David S. Jonas
Hofstra Law Review
No abstract provided.
No Longer Private: On Human Rights And The Public Facet Of Social Network Sites, Noa Mor
No Longer Private: On Human Rights And The Public Facet Of Social Network Sites, Noa Mor
Hofstra Law Review
No abstract provided.
Originalism As Fable (Reviewing Eric Segall, Originalism As Faith), Jeremy Telman
Originalism As Fable (Reviewing Eric Segall, Originalism As Faith), Jeremy Telman
Hofstra Law Review
Eric Segall's Originalism as Faith provides both a history of the originalist movement in constitutional interpretation and a critique of that movement from the perspective of legal realism. This Review Article summarizes Segall's main argument: as originalism has abandoned deference to the political branches, it has become indistinguishable from its nemesis, living constitutionalism. Emptied of substance, originalism becomes nothing more than an expression of faith. Segall makes his argument very convincingly, evidencing both his knowledge of originalism, in all its variants, and his mastery of constitutional doctrine.
This Article offers two ways in which Segall's exemplary work might be supplemented. …
Any Man Can Be A Father, But Should A Dead Man Be A Dad: An Approach To The Formal Legalization Of Posthumous Sperm Retrieval And Posthumous Reproduction In The United States, Jean Denise Krebs
Hofstra Law Review
No abstract provided.
Copyright Collective Management As Compulsory Licensing In Taiwan, Ping-Hsun Chen
Copyright Collective Management As Compulsory Licensing In Taiwan, Ping-Hsun Chen
Journal of International Business and Law
No abstract provided.
The Effects Of The Trump Agenda In A Global Economy: A Perspective From Mexico, Abraham Alejandro Martinez Lopez
The Effects Of The Trump Agenda In A Global Economy: A Perspective From Mexico, Abraham Alejandro Martinez Lopez
Journal of International Business and Law
No abstract provided.
The Human Lawyer In The Age Of Artificial Intelligence: Doomed For Extinction Or In Need Of A Survival Manual, Dessislav Dobrev
The Human Lawyer In The Age Of Artificial Intelligence: Doomed For Extinction Or In Need Of A Survival Manual, Dessislav Dobrev
Journal of International Business and Law
No abstract provided.
International Business And Investment In China, It Is Wrong To Read The Face Of The Chinese-Foreign Joint Venture Law That The Board Of Directors Is The Highest Authority, Fengping Gao
Journal of International Business and Law
Within the spectrum of international business and investment, China inbound Foreign Direct Investment hit an all-time high record 135 billion U.S. dollars in 2017. Meanwhile, a large number of international businesses, including American companies, pulled out from China and transferred their business to South Asian countries for a variety of considerations including but not limited to the cheaper labor and the lax environmental regulations, and/or to the United States in response to the recent corporate tax cut and/or other policy objectives initiated under the Trump Administration such as to bring the manufacturing jobs back to America. The departure of foreign …
Into The Crucible: Considering The Springboard Doctrine In Cfaa Litigation, Nam Youn Kim
Into The Crucible: Considering The Springboard Doctrine In Cfaa Litigation, Nam Youn Kim
Journal of International Business and Law
No abstract provided.
The Online Sports World: The Loss Of Billions, Is It Time To Take A Risk, Bhanuka Mahabamunuge
The Online Sports World: The Loss Of Billions, Is It Time To Take A Risk, Bhanuka Mahabamunuge
Journal of International Business and Law
No abstract provided.
Discretionary Trusts: An Update, Richard C. Ausness
Discretionary Trusts: An Update, Richard C. Ausness
ACTEC Law Journal
In the past, settlors tended to limit a trustee's discretion by setting forth a specific formula for the distribution of trust assets. Nowadays, however, settlors often prefer to vest more discretion in their trustees. This is partly due to the fact that beneficiaries tend to live longer and, therefore, trusts inevitably last longer, thereby requiring trustees to respond to changing conditions. In addition, settlors often believe that vesting increased discretion on the part of trustees will discourage beneficiaries from bringing expensive and disruptive challenges to their decisions.
Nevertheless, the trend toward increased discretion is not without its problems. First of …
Commentary, Ronald H. Jensen
A Response To Democracy And Trusts, Jake Calvert
A Response To Democracy And Trusts, Jake Calvert
ACTEC Law Journal
No abstract provided.