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Articles 1 - 30 of 44

Full-Text Articles in Law

International Law Issues In Death Penalty Defense, Richard J. Wilson Jan 2003

International Law Issues In Death Penalty Defense, Richard J. Wilson

Hofstra Law Review

No abstract provided.


State Interest And Marriage - The Theoretical Perspective, Brian H. Bix Jan 2003

State Interest And Marriage - The Theoretical Perspective, Brian H. Bix

Hofstra Law Review

No abstract provided.


Defamed But Retained Public Employees: Addressing A Gap In Due Process Jurisprudence, Nat Stern Jan 2003

Defamed But Retained Public Employees: Addressing A Gap In Due Process Jurisprudence, Nat Stern

Hofstra Law Review

No abstract provided.


Making Sense Of Successor Liability, Marie T. Reilly Jan 2003

Making Sense Of Successor Liability, Marie T. Reilly

Hofstra Law Review

No abstract provided.


Congressional Oversight: Interpreting The Phrase "Financial Statements" Within Section 10a Of The Securities Exchange Act Of 1934, Jamie A. Barber Jan 2003

Congressional Oversight: Interpreting The Phrase "Financial Statements" Within Section 10a Of The Securities Exchange Act Of 1934, Jamie A. Barber

Hofstra Law Review

No abstract provided.


Establishing Information Privacy Violations: The New York Experience, Lawrence Friedman Jan 2003

Establishing Information Privacy Violations: The New York Experience, Lawrence Friedman

Hofstra Law Review

No abstract provided.


The Defense Team In Capital Cases, Jill Miller Jan 2003

The Defense Team In Capital Cases, Jill Miller

Hofstra Law Review

No abstract provided.


"Making Marriage And Divorce Safe For Women" Revisited, Herman Hill Kay Jan 2003

"Making Marriage And Divorce Safe For Women" Revisited, Herman Hill Kay

Hofstra Law Review

No abstract provided.


Ending Marriage As We Know It, Nancy D. Polikoff Jan 2003

Ending Marriage As We Know It, Nancy D. Polikoff

Hofstra Law Review

No abstract provided.


The Importance Of Private International Law For Family Issues In An Era Of Globalization: Two Case Studies-International Child Abduction And Same-Sex Unions, Linda Silberman, Karin Wolfe Jan 2003

The Importance Of Private International Law For Family Issues In An Era Of Globalization: Two Case Studies-International Child Abduction And Same-Sex Unions, Linda Silberman, Karin Wolfe

Hofstra Law Review

No abstract provided.


Why Progressives Lost The War When They Lost The Draft, Diane H. Mazur Jan 2003

Why Progressives Lost The War When They Lost The Draft, Diane H. Mazur

Hofstra Law Review

No abstract provided.


Add Resources And Apply Them Systemically: Governments' Responsibilities Under The Revised Aba Capital Defense Representation Guidelines, Eric M. Freedman Jan 2003

Add Resources And Apply Them Systemically: Governments' Responsibilities Under The Revised Aba Capital Defense Representation Guidelines, Eric M. Freedman

Hofstra Law Review

The death penalty is expensive. For many reasons-including the reality that if the prosecution insists on the death penalty there is essentially no chance of a guilty plea, and the fact that the bifurcation between guilt and penalty that uniquely characterizes capital cases imposes double costs throughout the process of investigation, trial, and appeals -a state's decision to have a criminal justice system in which death is available as a sanction necessarily entails substantially higher costs than the contrary decision does.


The Professional Obligation To Raise Frivolous Issues In Death Penalty Cases, Monroe H. Freedman Jan 2003

The Professional Obligation To Raise Frivolous Issues In Death Penalty Cases, Monroe H. Freedman

Hofstra Law Review

Lawyers are generally familiar with the ethical rule forbidding frivolous arguments, principally because of sanctions imposed under rules of civil procedure for making such arguments. Not all lawyers are aware, however, of two ways in which the prohibitions of frivolous arguments are restricted in both the rules themselves and in their enforcement. First, the ethical rules have express limitations with respect to arguments made on behalf of criminal defendants, and courts are generally loath to sanction criminal defense lawyers. Second, the term "frivolous" is narrowed, even in civil cases, by the way it is defined and explained in the ethical …


A Toast To The Dignity Of States: What Eleventh Amendment Jurisprudence Portends For Direct Shipment Of Wine, Eric L. Martin Jan 2003

A Toast To The Dignity Of States: What Eleventh Amendment Jurisprudence Portends For Direct Shipment Of Wine, Eric L. Martin

Hofstra Law Review

No abstract provided.


Intimate Affiliation And Democracy: Beyond Marriage?, Linda C. Mcclain Jan 2003

Intimate Affiliation And Democracy: Beyond Marriage?, Linda C. Mcclain

Hofstra Law Review

This article takes up the question: Should family law and policy move beyond marriage? It assesses a spectrum of answers to that question. Rejecting proposals, on the one hand, to shore up traditional marriage, and, on the other, to abolish marriage, it argues that family law and policy should not move wholly beyond marriage, but should support marriage in a way that better fosters greater equality within and among families. The article is part of a symposium on "Marriage, Families, and Democracy," published in 32 Hofstra Law Review 23-421 (2003).


Malicki V. Doe: Defining A Split Of Authority Based On The State Tort Claims Of Negligent Hiring And Supervision Of Roman Catholic Clergy And The First Amendment Conflict, Christopher L. Barbaruolo Jan 2003

Malicki V. Doe: Defining A Split Of Authority Based On The State Tort Claims Of Negligent Hiring And Supervision Of Roman Catholic Clergy And The First Amendment Conflict, Christopher L. Barbaruolo

Hofstra Law Review

No abstract provided.


The Discrepancy In Bankruptcy Code Section 330: Can A Chapter 7 Debtor's Attorney Collect Fees From The Bankruptcy Estate?, Frank Misiti Jan 2003

The Discrepancy In Bankruptcy Code Section 330: Can A Chapter 7 Debtor's Attorney Collect Fees From The Bankruptcy Estate?, Frank Misiti

Hofstra Law Review

No abstract provided.


Competing Bids In Class Action Settlements, Geoffrey P. Miller Jan 2003

Competing Bids In Class Action Settlements, Geoffrey P. Miller

Hofstra Law Review

No abstract provided.


Getting Stuck Between Bottom And Top: State Competition For Corporate Charters In The Presence Of Network Effects, Brett H. Mcdonnell Jan 2003

Getting Stuck Between Bottom And Top: State Competition For Corporate Charters In The Presence Of Network Effects, Brett H. Mcdonnell

Hofstra Law Review

For decades, American legal scholars have debated over the implications of allowing corporations to choose in which state they will incorporate, irrespective of where they do business. Until recently the debate has centered almost exclusively on whether the managers who choose where to incorporate have incentive to choose a state whose laws favor managers to the disadvantage of shareholders (the "race to the bottom" thesis) or whether their incentives are to choose states whose laws treat shareholders properly (the "race to the top" thesis). Recently, some scholars have questioned whether the state charter competition process will necessarily lead to an …


American Taxpayers Bear The Burden Of Beating Iraq In The Courtroom, Donna M. Balducci Jan 2003

American Taxpayers Bear The Burden Of Beating Iraq In The Courtroom, Donna M. Balducci

Hofstra Law Review

No abstract provided.


Fathers Are Parents Too: Challenging Safe Haven Laws With Procedural Due Process, Dayna R. Cooper Jan 2003

Fathers Are Parents Too: Challenging Safe Haven Laws With Procedural Due Process, Dayna R. Cooper

Hofstra Law Review

No abstract provided.


Introduction, Eric M. Freedman Jan 2003

Introduction, Eric M. Freedman

Hofstra Law Review

No abstract provided.


'The Guiding Hand Of Counsel' And The Aba Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty Cases, Robin M. Maher Jan 2003

'The Guiding Hand Of Counsel' And The Aba Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty Cases, Robin M. Maher

Hofstra Law Review

No abstract provided.


Aba Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty Cases, American Bar Association Jan 2003

Aba Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty Cases, American Bar Association

Hofstra Law Review

No abstract provided.


Why An Independent Appointing Authority Is Necessary To Choose Counsel For Indigent People In Capital Punishment Cases, Ronald J. Tabak Jan 2003

Why An Independent Appointing Authority Is Necessary To Choose Counsel For Indigent People In Capital Punishment Cases, Ronald J. Tabak

Hofstra Law Review

No abstract provided.


A New Profession For An Old Need: Why A Mitigation Specialist Must Be Included On The Capital Defense Team, Pamela Blume Leonard Jan 2003

A New Profession For An Old Need: Why A Mitigation Specialist Must Be Included On The Capital Defense Team, Pamela Blume Leonard

Hofstra Law Review

No abstract provided.


Commentary On Counsel's Duty To Seek And Negotiate A Disposition In Capital Cases (Aba Guideline 10.9.1), Russell Stetler Jan 2003

Commentary On Counsel's Duty To Seek And Negotiate A Disposition In Capital Cases (Aba Guideline 10.9.1), Russell Stetler

Hofstra Law Review

This paper discusses counsel's duty to seek to resolve death penalty cases through negotiated dispositions for a sentence less than death.


Making The Last Chance Meaningful: Predecessor Counsel's Ethical Duty To The Capital Defendant, Lawrence J. Fox Jan 2003

Making The Last Chance Meaningful: Predecessor Counsel's Ethical Duty To The Capital Defendant, Lawrence J. Fox

Hofstra Law Review

No abstract provided.


There Is No "Rational Basis" For Keeping It A "Secret" Anymore: Why The Ftda's "Actual Harm" Requirement Should Not Be Interpreted The Same Way For Dilution Caused By Blurring As It Is For Dilution Caused By Tarnishing, Joseph J. Galvano Jan 2003

There Is No "Rational Basis" For Keeping It A "Secret" Anymore: Why The Ftda's "Actual Harm" Requirement Should Not Be Interpreted The Same Way For Dilution Caused By Blurring As It Is For Dilution Caused By Tarnishing, Joseph J. Galvano

Hofstra Law Review

No abstract provided.


Postcards From The Bench: Federal Habeas Review Of Unarticulated State Court Decisions, Monique Anne Gaylor Jan 2003

Postcards From The Bench: Federal Habeas Review Of Unarticulated State Court Decisions, Monique Anne Gaylor

Hofstra Law Review

No abstract provided.