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Articles 1 - 30 of 47
Full-Text Articles in Law
Use, Liability, And The Structure Of Trademark Law, Uli Widmaier
Use, Liability, And The Structure Of Trademark Law, Uli Widmaier
Hofstra Law Review
No abstract provided.
Hamlet In The District Court: Facing Personal Ethical Dilemmas, Jack B. Weinstein
Hamlet In The District Court: Facing Personal Ethical Dilemmas, Jack B. Weinstein
Hofstra Law Review
No abstract provided.
How Second-Wave Feminism Forgot The Single Woman, Rachel F. Moran
How Second-Wave Feminism Forgot The Single Woman, Rachel F. Moran
Hofstra Law Review
No abstract provided.
Socio-Religious Obstacles To Judicial Reconstruction In Post-Saddam Iraq, Stanley A. Roberts
Socio-Religious Obstacles To Judicial Reconstruction In Post-Saddam Iraq, Stanley A. Roberts
Hofstra Law Review
No abstract provided.
The Changing Face Of Judicial Elections, Gerald Stern
The Changing Face Of Judicial Elections, Gerald Stern
Hofstra Law Review
No abstract provided.
With All Due Deference: Judicial Responsibility In A Time Of Crisis, Hon. Shira A. Scheindlin, Matthew L. Schwartz
With All Due Deference: Judicial Responsibility In A Time Of Crisis, Hon. Shira A. Scheindlin, Matthew L. Schwartz
Hofstra Law Review
No abstract provided.
Those Unpublished Opinions: An Appropriate Expedience Or An Abdication Of Responsibility?, Lawrence J. Fox
Those Unpublished Opinions: An Appropriate Expedience Or An Abdication Of Responsibility?, Lawrence J. Fox
Hofstra Law Review
No abstract provided.
"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr.
"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr.
Hofstra Law Review
No abstract provided.
Love With A Proper Stranger: What Anti-Miscegenation Laws Can Tell Us About The Meaning Of Race, Sex, And Marriage, Rachel F. Moran
Love With A Proper Stranger: What Anti-Miscegenation Laws Can Tell Us About The Meaning Of Race, Sex, And Marriage, Rachel F. Moran
Hofstra Law Review
No abstract provided.
To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison L. Lacroix
To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison L. Lacroix
Hofstra Law Review
The practice of dueling demolishes any happy notion that people are fundamentally the same regardless of the particular chronological moment in which they inhabit the world. Yet the duel flourished in the United States at least until the latter decades of the nineteenth century, when it died out in a regionally specific manner. This Article provides an antidote to static views of dueling by analyzing the duel as both a subject of legal regulation and a precursor to legal remedies for injuries to reputation. The duel carried profound public meaning; to duel was to perform the specific role of gentleman …
United States-European Union Dispute On Foreign Source Income, Export Activity, And The Extraterritorial Income Exclusion Act, Colleen Klanchnik
United States-European Union Dispute On Foreign Source Income, Export Activity, And The Extraterritorial Income Exclusion Act, Colleen Klanchnik
Hofstra Law Review
No abstract provided.
Beyond Republican Party V. White: A Plea For A Rule Of Reason For Extrajudicial Speech, Thomas Penfield Jackson
Beyond Republican Party V. White: A Plea For A Rule Of Reason For Extrajudicial Speech, Thomas Penfield Jackson
Hofstra Law Review
No abstract provided.
A Meditation On The First Principles Of Judicial Ethics, Charles Fried
A Meditation On The First Principles Of Judicial Ethics, Charles Fried
Hofstra Law Review
No abstract provided.
Symposium Remarks: Plea For The Next Great Wave Of Reform, Burnele V. Powell
Symposium Remarks: Plea For The Next Great Wave Of Reform, Burnele V. Powell
Hofstra Law Review
No abstract provided.
Secularizing The Sacrosanct: Defining "Sacred" For Native American Sacred Sites Protection Legislation, Amber L. Mcdonald
Secularizing The Sacrosanct: Defining "Sacred" For Native American Sacred Sites Protection Legislation, Amber L. Mcdonald
Hofstra Law Review
No abstract provided.
The Escalating Copyright Wars, Peter K. Yu
The Escalating Copyright Wars, Peter K. Yu
Hofstra Law Review
Piracy is one of the biggest threats confronting the entertainment industry today. Every year, the industry is estimated to lose billions of dollars in revenue and faces the potential loss of hundreds of thousands of jobs. To protect itself against Internet pirates, the entertainment industry has launched the latest copyright war. So far, the industry has been winning. Among its trophies are the enactment of the Digital Millennium Copyright Act, Vivendi Universal's defeat and purchase of MP3.com, the movie studios' victory in the DeCSS litigation, the bankruptcy and subsequent sale of Napster and its recent relaunch as a legitimate subscription-based …
In The Matter Of Mitigation: The Necessity Of A Less Discretionary Standard For Sanctioning Lawyers Found Guilty Of Intentionally Misappropriating Client Property, David Luty
Hofstra Law Review
No abstract provided.
Scraping Beneath The Surface: Finally Holding Lead-Based Paint Manufacturers Liable By Applying Public Nuisance And Market-Share Liability Theories?, Lisa A. Perillo
Scraping Beneath The Surface: Finally Holding Lead-Based Paint Manufacturers Liable By Applying Public Nuisance And Market-Share Liability Theories?, Lisa A. Perillo
Hofstra Law Review
No abstract provided.
The Real Issues Of Judicial Ethics, Alex Kozinski
The Real Issues Of Judicial Ethics, Alex Kozinski
Hofstra Law Review
No abstract provided.
The Judge's Relative Is Affiliated With Counsel Of Record: The Ethical Dilemma, Leslie W. Abramson
The Judge's Relative Is Affiliated With Counsel Of Record: The Ethical Dilemma, Leslie W. Abramson
Hofstra Law Review
This Article examines various aspects of the ethical dilemmas judges face when assigned to preside over a case in which a relative is affiliated with counsel or record. It discusses relevant federal and state ethical standards including the appearance of partiality, the relative-lawyer's interest, and the disclosure of the relationship by judge and waiver. It then addresses the application of the standards in case law and other situations through the relative-lawyer's law firm position either as a partner, non-partner, or public attorney. The last part proposes supplemental Code or Commentary language for consideration by state and federal courts and legislatures.
Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein
Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein
Hofstra Law Review
Over the years, a pattern has emerged where judges routinely engage in practices that violate the constitutional rights of the defendants who come before them, and which run counter to the ethical conduct that we have a right to expect and demand from those empowered to engage in critical decisions concerning the liberty of our citizens. The Supreme Court, when it held that plea bargaining between a prosecutor and defense counsel did not violate the defendant's constitutional rights, offered a caveat: "Of course, the agents of the State may not produce a plea by actual or threatened physical harm or …
Judicial Error That Is Subject To Discipline In New York, Gerald Stern
Judicial Error That Is Subject To Discipline In New York, Gerald Stern
Hofstra Law Review
No abstract provided.
Counterclaims, The Well-Pleaded Complaint, And Federal Jurisdiction, Christopher A. Cotropia
Counterclaims, The Well-Pleaded Complaint, And Federal Jurisdiction, Christopher A. Cotropia
Hofstra Law Review
The United States Supreme Court recently decided, in Holmes Group, Inc. v. Vornado Circulation Systems, Inc., that the United States Court of Appeals for the Federal Circuit's exclusive appellate jurisdiction over a case could not rest solely on a counterclaim for patent infringement. This decision represents a significant departure from over ten years of established Federal Circuit patent law that even if the only patent claim present in a case was a counterclaim, the Federal Circuit still had appellate jurisdiction over the case. Federal Circuit jurisdiction over such cases made sense, considering the Federal Circuit was created by Congress to …
The Right Of Visit, Search And Seizure Of Foreign Flagged Vessels On The High Seas Pursuant To Customary International Law: A Defense Of The Proliferation Of Security Initiative, Ian Patrick Barry
Hofstra Law Review
No abstract provided.
Review Of The Merits In Class Action Certification, Geoffrey P. Miller
Review Of The Merits In Class Action Certification, Geoffrey P. Miller
Hofstra Law Review
In Eisen v. Carlisle & Jacquelin, the Supreme Court declared that federal courts may not conduct a preliminary inquiry into the merits of a suit in order to determine whether it may be maintained as a class action. This proscription - sometimes known as the Eisen rule - has become a pillar of class action practice, both under Federal Rule of Civil Procedure 23 and under state-court class action procedures. The rule can have a crucial influence on whether a case is certified as a class action - and, given the importance of certification, on the success or failure of …
The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz
The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz
Hofstra Law Review
Prompted by the litany of complaints about corporate boards - as once again highlighted by recent corporate scandals - this paper seeks to add to the literature on why corporation laws in the United States (and, indeed, around the world) generally call for corporate governance by or under a board of directors. Moreover, this paper takes a very different approach in searching for an answer. Instead of theorizing, this paper examines historical sources in order to look at how and why an elected board of directors came to be the accepted mode of corporate governance. This will entail a reverse …
The Misguided Doctrine Of Stockholder Fiduciary Duties, Paula J. Dalley
The Misguided Doctrine Of Stockholder Fiduciary Duties, Paula J. Dalley
Hofstra Law Review
No abstract provided.
Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam
Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam
Hofstra Law Review
No abstract provided.
A Rational Constitutional Faith: Remarks In Response To Professor Amsterdam, Eric M. Freedman
A Rational Constitutional Faith: Remarks In Response To Professor Amsterdam, Eric M. Freedman
Hofstra Law Review
There are a few substantive thoughts about the future that I wanted to share before letting you get acquainted with each other at the reception. But in order to talk about the future, I will have to go back to the past.
On a beautiful spring day, April 5, 1588, there was a young woman in an advanced state of pregnancy strolling along a beach on the south coast of England when she had an experience that is directly comparable to sitting in your office at the World Trade Center and seeing an airplane heading for your window. She saw …
The Myth Of Separation: America's Historical Experience With Church And State, Patrick M. Garry
The Myth Of Separation: America's Historical Experience With Church And State, Patrick M. Garry
Hofstra Law Review
This article examines the historical experience of the First Amendment's Establishment Clause. Throughout the colonial and constitutional periods of the United States, the classical concept of an exclusive state church dominated the American image of an establishment of religion. Astate preference of one denomination over others was what was primarily thought to be an establishment of religion, as the Framers did not want to duplicate the English experience with the established Anglican church.
Late eighteenth century Americans agreed that government could provide special assistance to religion in general, as long as such assistance was given without any preference among sects. …