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Articles 1 - 30 of 46
Full-Text Articles in Law
Evolving Standards Of Decency: Advancing The Nature And Logic Of Capital Mitigation, Craig Haney
Evolving Standards Of Decency: Advancing The Nature And Logic Of Capital Mitigation, Craig Haney
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
The article builds on converging lines of research in the social sciences that have constructed a framework which conceptualizes the roots of violent behavior as extending beyond the personality or character structure of those people who perform it, connecting it historically to the brutalizing experiences they have commonly shared as well as the immediately precipitating situations in which their violence transpires.
The piece explains how to translate these insights into the collection and presentation of …
Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler
Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
As the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) detail, success in capital post-conviction proceedings will depend not just on the quality of the legal arguments counsel advance but, probably more critically, on counsel's skill at changing the picture that has previously been presented. The old facts and legal arguments - those which resulted in a conviction and imposition of …
A Clash Of Cultures: Immigration And Housing Code Enforcement On Long Island, Stefan H. Krieger
A Clash Of Cultures: Immigration And Housing Code Enforcement On Long Island, Stefan H. Krieger
Hofstra Law Review
In this Article, I will first review some of the literature on anti-immigrant biases in housing code enforcement in the United States. Then, I will describe issues of selective enforcement of housing codes in present-day Long Island using cases from the Hofstra Housing Rights Clinic as concrete illustrations. Finally, I will discuss ways that local governments both on Long Island and elsewhere can reconsider priorities in enforcing their housing codes to address the problems of cultural biases.
Understanding Defense-Initiated Victim Outreach And Why It Is Essential In Defending A Capital Client, Mickell Branham, Richard Burr
Understanding Defense-Initiated Victim Outreach And Why It Is Essential In Defending A Capital Client, Mickell Branham, Richard Burr
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
Effective capital defense lawyers must embrace, not suppress, human empathy. A defense team that demonstrates genuine compassion for the survivors - reaching out to get to know them, to listen to their stories, and to discern the interests the survivors hope to have met in the judicial proceedings - increases the possibility that the proceedings will end with compassion for their client. As a practical matter, this may well occur through some sort of agreed-upon …
Parents By The Numbers, Susan Frelich Appleton
Parents By The Numbers, Susan Frelich Appleton
Hofstra Law Review
This essay, an expanded version of the 2008 Siben Distinguished Professorship Lecture at Hofstra, explores the recent discourse - from case law, legal scholarship, and commentary - about whether children may have more than two legal parents. This discourse provides a lens for examining not only family law's current practices and trajectory but also family law's unfinished business, unspoken assumptions, and problematic inconsistencies.
Based on this examination, I largely ally myself with those who take a supportive approach to expanding parental numbers, but I include some significant points and elaborations missing from others' treatment of the topic. Specifically, I show …
United States Regulation Of Stem Cell Research: Recasting Government's Role And Questions To Be Resolved, Owen C.B. Hughes, Alan L. Jakimo, Michael J. Malinowski
United States Regulation Of Stem Cell Research: Recasting Government's Role And Questions To Be Resolved, Owen C.B. Hughes, Alan L. Jakimo, Michael J. Malinowski
Hofstra Law Review
No abstract provided.
Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases
Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases
Hofstra Law Review
No abstract provided.
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
Capital defense counsel have a duty at every stage of the case to take advantage of all appropriate opportunities to argue why death is not a suitable punishment for their particular client. But that duty can hardly be discharged effectively if the arguments are made in ignorance of available information concerning how persuasive they are likely to be to their audience.
Heeding that simple proposition we present lessons from the work of the Capital Jury …
The Sentencing Commission And Prosecutorial Discretion: The Role Of The Courts In Policing Sentence Bargains, John Gleeson
The Sentencing Commission And Prosecutorial Discretion: The Role Of The Courts In Policing Sentence Bargains, John Gleeson
Hofstra Law Review
No abstract provided.
Foreword: Biomedical Research And The Law-Embryonic Stem Cells, Clones, And Genes: Science, Law, Politics And Values, Janet L. Dolgin, Joel Weintraub
Foreword: Biomedical Research And The Law-Embryonic Stem Cells, Clones, And Genes: Science, Law, Politics And Values, Janet L. Dolgin, Joel Weintraub
Hofstra Law Review
The articles presented in this symposium issue developed from papers delivered at the second in a series of conferences at Hofstra University devoted to the study of "Biomedical Research and the Law." The first conference, held in October 2006, focused on conflicts occasioned by industry funding of biomedical research. The second conference, the subject of this issue, occurred in March 2008 and was dedicated to the study of "Embryonic Stem Cells, Clones, and Genes: Science, Law, Politics and Values." This conference provided a productive context for debate among lawyers, physicians, scientists, theologians, philosophers, journalists, and others about a set of …
Administrative Law: Immigration, Amnesty, And The Rule Of Law, 2007 National Lawyers Convention Of The Federalist Society, Kris W. Kobach
Administrative Law: Immigration, Amnesty, And The Rule Of Law, 2007 National Lawyers Convention Of The Federalist Society, Kris W. Kobach
Hofstra Law Review
No abstract provided.
The Boyle Test Is An Insufficient Standard For Determining Whether To Allow Private Military Contractors To Assert The Government Contractor Defense, Justin A. Jacobs
The Boyle Test Is An Insufficient Standard For Determining Whether To Allow Private Military Contractors To Assert The Government Contractor Defense, Justin A. Jacobs
Hofstra Law Review
No abstract provided.
Heightened Notice Means Heightened Problems: Due Process Notice Concerns When Discharging Student Loan Debts Under Chapter 13, Nickolas Karavolas
Heightened Notice Means Heightened Problems: Due Process Notice Concerns When Discharging Student Loan Debts Under Chapter 13, Nickolas Karavolas
Hofstra Law Review
No abstract provided.
Embryonic Stem Cells, Intellectual Property, And Patents: Ethical Concerns, Samuel Packer
Embryonic Stem Cells, Intellectual Property, And Patents: Ethical Concerns, Samuel Packer
Hofstra Law Review
No abstract provided.
Capital Guidelines And Ethical Duties: Mutually Reinforcing Responsibilities, Lawrence J. Fox
Capital Guidelines And Ethical Duties: Mutually Reinforcing Responsibilities, Lawrence J. Fox
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
It is counsel, and not any non-lawyer member of the multidisciplinary defense team which needs to be assembled to provide competent representation in a capital case, who bears ultimate responsibility for the team's performance and for decisions affecting the client and the case. This article describes the many respects in which counsel's specific obligations under both the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra …
Cultural Competency In Capital Mitigation, Scharlette Holdman, Christopher Seeds
Cultural Competency In Capital Mitigation, Scharlette Holdman, Christopher Seeds
Hofstra Law Review
Cultural factors so pervasively influence the interactions of the client with other people - including all of those with whom he comes into contact at significant times in his life (e.g. in educational, medical, and correctional institutions), those surrounding him in the community in which he develops, and, critically, the members of the defense team - that it is imperative for the defense team to have the talents necessary to conduct a mitigation investigation that is culturally competent. The investigation must recognize and surmount an array of barriers, overt and subtle, to obtaining information from people of variegated backgrounds. As …
The Importance Of Recognizing Trauma Throughout Capital Mitigation Investigations And Presentations, Kathleen Wayland
The Importance Of Recognizing Trauma Throughout Capital Mitigation Investigations And Presentations, Kathleen Wayland
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
A PhD. in psychology, the author formerly served on the faculty of Duke University Medical Center, where her primary emphasis was on traumatic stress syndromes and the psychological consequences of chronic exposure to interpersonal violence. For the last fifteen years she has been assisting capital defender organizations in integrating mental health themes into mitigation narratives. This article presents the current state of scientific knowledge about trauma, treating the subject from these dual perspectives.
The inevitable …
The Aba And The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Robin M. Maher
The Aba And The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Robin M. Maher
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
This article, whose author is the Director of the ABA Death Penalty Representation Project, places the Supplementary Guidelines in the context of the ABA's work in the death penalty field. The ABA does not oppose capital punishment but does favor justice. Hence the organization has long insisted that any jurisdiction desiring to retain execution as a criminal sanction provide high quality defense representation in accordance with the ABA's Guidelines for the Appointment and Performance of …
When Life Depends On It: Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Sean D. O'Brien
When Life Depends On It: Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Sean D. O'Brien
Hofstra Law Review
The Supplementary Guidelines for the Mitigation Function of Capital Defense Teams are the culmination of three years of work coordinated by the Public Interest Litigation Clinic (PILC) and the University of Missouri-Kansas City School of Law in cooperation with seasoned capital litigators and mitigation specialists across the United States. This article describes the Supplementary Guidelines and the process by which they were researched and developed. Part I describes the Supplementary Guidelines and the process by which they were researched and developed. Part II describes the reasons for undertaking this project. Part III describes the process of investigating, researching and drafting …
A Former Alabama Appellate Judge's Perspective On The Mitigation Function In Capital Cases, William M. Bowen Jr.
A Former Alabama Appellate Judge's Perspective On The Mitigation Function In Capital Cases, William M. Bowen Jr.
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
The article, based on the author's eighteen years of service on the Alabama Court of Criminal Appeals, explicates how the collection and presentation of mitigation evidence in accordance with the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject of this issue enable appellate courts to make reliable decisions in capital cases. Recounting his …
Getting It Right: Life History Investigation As The Foundation For A Reliable Mental Health Assessment, Richard G. Dudley Jr., Pamela Blume Leonard
Getting It Right: Life History Investigation As The Foundation For A Reliable Mental Health Assessment, Richard G. Dudley Jr., Pamela Blume Leonard
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
As the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject of this issue both emphasize, capital defense counsel must select appropriate non-legal team members and provide them with strategic direction. It is simply ineffective assistance for counsel to permit a mental health assessment of the client to occur before having made a reasoned …
The Enhanced Arbitration Appeal Amendment: A Proposal To Save American Jurisprudence From Arbitration, Modeled On The English Arbitration Act Of 1996, Drew M. Gulley
Hofstra Law Review
No abstract provided.
The Public Policy Exception, "The Freedom Of Speech, Or Of The Press", And The Uniform Foreign-Country Money Judgments Recognition Act, Charles W. Mondora
The Public Policy Exception, "The Freedom Of Speech, Or Of The Press", And The Uniform Foreign-Country Money Judgments Recognition Act, Charles W. Mondora
Hofstra Law Review
No abstract provided.
Locke For The Masses: Property Rights And The Products Of Collective Creativity, Robert P. Merges
Locke For The Masses: Property Rights And The Products Of Collective Creativity, Robert P. Merges
Hofstra Law Review
In this brief Idea piece, I describe how the labor theory of property rights associated with John Locke might apply to projects such as WikiPedia, which aggregate many small contributions by dispersed contributors. These works of "collaborative creativity" represent very significant investments of time and resources, yet do not fit comfortably within the individually-oriented framework of traditional Lockean analysis. Locke's central insight - that laboring on unowned resources ought (with exceptions and qualifications) to justify appropriation - suggests the desirability of granting some form of property interest over the products of collaborative creativity. I also explore a few practical issues …
From The Border To The Schoolhouse Gate: Alternative Arguments For Extending Primary Education To Undocumented Alien Children, Maria Pabón López, Diomedes J. Tsitouras
From The Border To The Schoolhouse Gate: Alternative Arguments For Extending Primary Education To Undocumented Alien Children, Maria Pabón López, Diomedes J. Tsitouras
Hofstra Law Review
No abstract provided.
Families At Risk: How Errant Enforcement And Restrictionist Integration Policies Threaten The Immigrant Family In The European Union And The United States, Lori A. Nessel
Hofstra Law Review
No abstract provided.
Problems Facing The First Generation Of Local Immigration Laws, Huyen Pham
Problems Facing The First Generation Of Local Immigration Laws, Huyen Pham
Hofstra Law Review
Many jurisdictions that have enacted local immigration laws have experienced financial, legal, and community-related problems in their implementation. Yet public attention continues to focus on the successful enactment of these laws, largely ignoring their often problematic implementation. The purpose of this Article is to shed light on the problems that many of these first generation local immigration laws are experiencing and to consider, briefly, the implications of these problems for local immigration enforcement generally.
Administrative Law: Immigration, Amnesty, And The Rule Of Law, 2007 National Lawyers Convention Of The Federalist Society, T. Alexander Aleinikoff
Administrative Law: Immigration, Amnesty, And The Rule Of Law, 2007 National Lawyers Convention Of The Federalist Society, T. Alexander Aleinikoff
Hofstra Law Review
No abstract provided.
Administrative Law: Immigration, Amnesty, And The Rule Of Law, 2007 National Lawyers Convention Of The Federalist Society, John Baker
Hofstra Law Review
No abstract provided.
Administrative Law: Immigration, Amnesty, And The Rule Of Law, 2007 National Lawyers Convention Of The Federalist Society, Gerald L. Neuman
Administrative Law: Immigration, Amnesty, And The Rule Of Law, 2007 National Lawyers Convention Of The Federalist Society, Gerald L. Neuman
Hofstra Law Review
No abstract provided.