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Full-Text Articles in Law

This Time It’S For Real Continued: More Ways To Use Law-Related Current Events In The Classroom, Amy R. Stein Oct 2012

This Time It’S For Real Continued: More Ways To Use Law-Related Current Events In The Classroom, Amy R. Stein

Hofstra Law Faculty Scholarship

No abstract provided.


Batson "Blame" And Its Implications For Equal Protection Analysis, Robin Charlow Jan 2012

Batson "Blame" And Its Implications For Equal Protection Analysis, Robin Charlow

Hofstra Law Faculty Scholarship

Twenty-five years ago Batson v. Kentucky held that equal protection is violated when attorneys exercise racially discriminatory peremptory jury challenges and supply pretextual explanations for their strikes. Findings of Batson violations are tantamount to rulings that attorneys have discriminated and lied. Not only do Batson findings potentially subject violators to sanction under standards of professional ethics, but they also amount to imputations of personal fault or “blame” for socially undesirable conduct. This article explores, from both practical and theoretical perspectives, the problem of the attribution of personal fault to attorneys that is inherent in a finding of a Batson violation. …


The Internationalization Of American Family Law, Barbara Stark Jan 2012

The Internationalization Of American Family Law, Barbara Stark

Hofstra Law Faculty Scholarship

Even fifty years ago, the United States was a superpower and Americans traveled for pleasure and worked abroad. Then, like now, the United States was a magnet for immigrants seeking freedom, or asylum, or opportunity. Then, like now, human relationships crossed geographical and political boundaries, challenging the limits of family law.

But globalization and the vast migrations of capital and labor that have accompanied it in recent decades have transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join …


Reflections Upon Transitions: An Essay On Learning How To Teach After Practicing Law, C. Benjie Louis Jan 2012

Reflections Upon Transitions: An Essay On Learning How To Teach After Practicing Law, C. Benjie Louis

Hofstra Law Faculty Scholarship

Every academic year, new law school faculty enter legal academia. Many of these new teachers are practitioners with varying levels of legal practice experience. While the transition from practice to teaching is particular to each person, for clinical professors there are some specific challenges that transform our professional identity. Clinical professors wear many hats: teacher, lawyer, mentor, and scholar. Navigating those many hats and adjusting to various goals of teaching emerging attorneys is only a couple of challenges. Other challenges include changing the focus of our professional identity from career-centered, in its many facets, to student centered.

A core component …


The “Other” Within: Health Care Reform, Class, And The Politics Of Reproduction, Janet L. Dolgin, Katherine R. Dieterich Jan 2012

The “Other” Within: Health Care Reform, Class, And The Politics Of Reproduction, Janet L. Dolgin, Katherine R. Dieterich

Hofstra Law Faculty Scholarship

The Article explores the nation’s resistance to developing a more equitable system of health care coverage. It does that through reference to the nation’s peculiar class system. Americans contend that anyone can avoid poverty through hard work and responsible choices. Yet, in fact, class mobility is the exception, not the rule. Americans are deeply anxious about safeguarding relative class status, but the signs through which they assess class are murky. In measuring their own socioeconomic status in relation to others, Americans consciously look to a wide set of elusive, shifting status symbols. Less consciously, though with equal, if not greater, …