Law Commons^™

Caging The Bored Ape: How The Ftc's Expanded Anti-Monopoly Authority Can Tame "Nfts" For Web 3.0, J. Scott Colesanti

Hofstra Law Faculty Scholarship

Non-Fungible Tokens, or "NFTs," ballooned into a 40-billion-dollar industry in under a decade. Their creators include artists, corporations, entrepreneurs, fraudsters--and even Donald Trump. While NFT owners and traders could be any of us, the parties running the marketplaces are hidden. NFT regulators have yet to be identified. Most alarmingly, the dominant NFT marketplaces are dangerously centralized. Accordingly, the publicized tales of exorbitant or manipulated NFT prices and frequent related scams abound. Meanwhile cryptocurrency--the technology enabling the life of an NFT--remains beset with, at best, theoretical models for effective regulation a full generation after its emergence. To propose a rational start …

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 …

Virtual Gaming, Actual Damage: Video Game Design That Intentionally And Successfully Addicts Users Constitutes Civil Battery, Allison Caffarone

Hofstra Law Faculty Scholarship

In recent years, there has been increased academic interest in both the neurological effects of compulsive gaming and the potential tort liability of game developers who scientifically engineer games in order to addict users. Scholars from various disciplines are currently debating the scope and potential solutions to the problems associated with Gaming Disorder, now a globally recognized illness. This article contributes to this discussion by offering a multidisciplinary analysis of the scope of video game addiction, its neurological bases, and its relation to the legal rights and responsibilities of victims and game developers. In addition, this article explores the practical …

The Repeal Of Religious Accommodations – A Constitutional Analysis, Ronald J. Colombo

Hofstra Law Faculty Scholarship

Under modern Supreme Court jurisprudence, the First Amendment ordinarily imposes no heightened standard of review upon neutral laws of general applicability that coincidentally burden the free exercise of religion. To relieve or minimize this burden, however, lawmakers are generally free to promulgate exemptions from or accommodations to such laws for the benefit of religious adherents. Such exemptions and accommodations are common.

When a law is not neutral with respect to religion, or when the law is not generally applicable, then it will be subject to the exacting test of strict scrutiny to the extent that it burdens the free exercise …

Intersectionality Matters In Food And Drug Law, Colleen Campbell

Hofstra Law Faculty Scholarship

Feminist scholars critique food and drug law as a site of gender bias and regulatory neglect. The historical exclusion of women from clinical trials by the FDA prioritized male bodies as the object of clinical research and therapies. Likewise, the FDA’s prior restriction on access to contraceptive birth control illustrates how patriarchal and paternalistic attitudes within the Agency can harm women’s reproductive health. However, there is little analysis of how race and gender intersect in this domain.

This Article uses the regulation of skin-lightening cosmetics products to illustrate why and how intersectionality matters in food and drug law. While the …

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

Journal of International Business and Law

No abstract provided.

Front Matter

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

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

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

Journal of International Business and Law

No abstract provided.

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

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.

Front Matter

ACTEC Law Journal

No abstract provided.

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

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

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

ACTEC Law Journal

No abstract provided.

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

ACTEC Law Journal

No abstract provided.

The Haunting Of Wealth Law, Allison Tait

ACTEC Law Journal

No abstract provided.

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.

Front Matter

Hofstra Law Review

No abstract provided.

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

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

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.

Bridging The Gap Between International Investment Law And Human Rights, Amin R. Yacoub

Hofstra Law Review

The misapplication of vague international investment standards such as the Full Protection and Security has worsened the legitimacy crisis facing the Investor-State-Dispute-Settlement field. Such misapplication emanates from the fragmentation of international law in the investment arbitration field, the absence of stare decisis, and the lack of a unified interpretive methodology connecting relevant subfields of international law in investment arbitration.

Veto The Black-Box Politics: How Implementing Blockchain Technology Into The United States Voting System Will Give Our World The Transparency We Deserve, John J. Healy

Hofstra Law Review

The article focuses on the legal standards regarding golfer liability for damages to adjacent people and property caused by errant golf shots. It critiques existing defendant-friendly standards and proposes a strict-liability standard, arguing that it would be more appropriate given the potential dangers posed by golf. It discusses various jurisdictional approaches to golfer liability, highlighting inconsistencies and shortcomings in the current legal framework.

Hofstra Law Review

No abstract provided.