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Articles 1 - 30 of 44
Full-Text Articles in Law
Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert
Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert
Hofstra Law Review
No abstract provided.
The Future Of The Legal Profession: The New York City Corporation Counsel's Perspective On The Challenges And Opportunities Ahead, Michael A. Cardozo
The Future Of The Legal Profession: The New York City Corporation Counsel's Perspective On The Challenges And Opportunities Ahead, Michael A. Cardozo
Hofstra Law Review
No abstract provided.
Special Purpose Vehicles In Bankruptcy Litigation, John A. Pearce Ii, Ilya A. Lipin
Special Purpose Vehicles In Bankruptcy Litigation, John A. Pearce Ii, Ilya A. Lipin
Hofstra Law Review
No abstract provided.
Out Of The Channel And Into The Swamp: How Family Law Fails In A New Era Of Class Division, June Carbone
Out Of The Channel And Into The Swamp: How Family Law Fails In A New Era Of Class Division, June Carbone
Hofstra Law Review
No abstract provided.
Pushing For The Injury: Tort Law's Influence In Defining The Constitutional Limitations On Punitive Damage Awards, Jill Wieber Lens
Pushing For The Injury: Tort Law's Influence In Defining The Constitutional Limitations On Punitive Damage Awards, Jill Wieber Lens
Hofstra Law Review
The limitations on a punitive damage award depend on the conception of punitive damages. Is it a private law remedy, limited to resolving the dispute between the parties? Or is it a public law remedy, capable of addressing public harm and achieving public good? The Supreme Court has not wavered from public law ideas of punitive damages - that the damages serve the state’s interests and are similar to criminal punishments. At the same time, the Court has focused on the actual injury to the plaintiff in its holdings and prohibited punitive damages from punishing harm to nonparties, indicating that …
Foreword: The Three And A Half Minute Transaction: Boilerplate And The Limits Of Contract Design, Mitu Gulati, Robert E. Scott
Foreword: The Three And A Half Minute Transaction: Boilerplate And The Limits Of Contract Design, Mitu Gulati, Robert E. Scott
Hofstra Law Review
The Hofstra Law Review has organized an “Ideas” symposium around our book manuscript “The Three and a Half Minute Transaction” (see http://ssrn.com/abstract=1937900). The idea for this symposium came from a debate that occurred at a faculty workshop at the Hofstra Law School some months ago where we were presenting our book manuscript. The topics of conversation included the following: the future of the current big-law-firm model, what value lawyers add in commercial transactions that use boilerplate contracts, why (and whether) boilerplatecontracts are so slow to change, why law firms do not generally have R&D departments, the resolution of the Eurozone …
The Crisis Exposed By Pari Passu, Preston M. Torbert
The Crisis Exposed By Pari Passu, Preston M. Torbert
Hofstra Law Review
This article is one practitioner's reaction to Gulati and Scott's The Three and A Half Minute Transaction: Boilerplate and the Limits of Contract Design. It notes that current contract drafting practices, especially for sovereign debt instruments, create a crisis: that is, a danger and an opportunity. The danger is the offshoring of contract drafting. The opportunity is to substantially improve contract drafting by establishing in a law school a laboratory program for creative innovation in contract drafting. The article suggests issues that such a program could adddress: the implications of the canons of interpretation for drafting, the problem of …
Which "Client-Centered Counselors"?: A Reply To Professor Freedman, Robert F. Cochran, Jr.
Which "Client-Centered Counselors"?: A Reply To Professor Freedman, Robert F. Cochran, Jr.
Hofstra Law Review
In this article, Professor Cochran responds to Professor Freedman's comments concerning Cochran’s criticism of client-centered lawyering for its tendency to focus exclusively on the interests of clients, often at the expense of other people. Professor Freedman and his co-author, Professor Abbe Smith, appear to be alone among the client-centered counselors in supporting the idea of moral counsel as an integral part of the decision-making process. In this response, Cochran attempts to generate a conversation among those who identify themselves as client-centered lawyers as to the very significant differences between them in the matter of lawyer-client moral discourse. Under the dominant …
Whistleblowers Cash In, Unwary Corporations Pay, John Ashcroft, Catherine Hanaway, Claudia L. Onate Griem
Whistleblowers Cash In, Unwary Corporations Pay, John Ashcroft, Catherine Hanaway, Claudia L. Onate Griem
Hofstra Law Review
No abstract provided.
Law, Economics, And Society, Lawrence M. Friedman
Law, Economics, And Society, Lawrence M. Friedman
Hofstra Law Review
No abstract provided.
Engaged Client-Centered Representation Of The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse
Engaged Client-Centered Representation Of The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse
Hofstra Law Review
The field of legal ethics, as we know it today, has grown out of thoughtful, systematic grounding of lawyers’ duties in a comprehensive understanding of lawyers’ roles and the situating of lawyers’ roles in underlying theories of law, morality and justice. Unfortunately, the field of theoretical legal ethics has mostly lost track of the thing at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. The field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. This paper, which was delivered at Hofstra Law School as the Lichtenstein Distinguished Professor …
The Constitutional Politics Of Presidential Succession, Richard Albert
The Constitutional Politics Of Presidential Succession, Richard Albert
Hofstra Law Review
The current line of presidential succession is no safer than playing presidential roulette. It imprudently privileges politics and tradition over competence and leadership. We should rethink the rules that currently govern succession to the Presidency – legal and constitutional rules that, in my view, serve the wrong institutional and political interests. The task I have given myself in these pages is to propose and defend an alternative to the current presidential succession regime: revising the order of succession to insert former living presidents – in reverse chronological order of service beginning with former presidents of the same party as the …
What's In A Name? - The Tale Of Louis Wolfson's Affirmed, Alan M. Weinberger
What's In A Name? - The Tale Of Louis Wolfson's Affirmed, Alan M. Weinberger
Hofstra Law Review
No abstract provided.
Balancing Policy Tensions Of The Vaccine Act In Light Of The Omnibus Autism Proceeding: Are Petitioners Getting A Fair Shot At Compensation?, Laura A. Binski
Balancing Policy Tensions Of The Vaccine Act In Light Of The Omnibus Autism Proceeding: Are Petitioners Getting A Fair Shot At Compensation?, Laura A. Binski
Hofstra Law Review
No abstract provided.
Courts Mistakenly Cross-Out Memorials: Why The Establishment Clause Is Not Violated By Roadside Crosses, Elizabeth A. Murphy
Courts Mistakenly Cross-Out Memorials: Why The Establishment Clause Is Not Violated By Roadside Crosses, Elizabeth A. Murphy
Hofstra Law Review
No abstract provided.
Grooming Dogs For The Educational Setting: The "Ideia" Behind Service Dogs In The Public Schools, Sarah Allison L. Wieselthier
Grooming Dogs For The Educational Setting: The "Ideia" Behind Service Dogs In The Public Schools, Sarah Allison L. Wieselthier
Hofstra Law Review
No abstract provided.
Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness
Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness
Hofstra Law Review
No abstract provided.
Opt-Out Voting, Michael J. Pitts
Opt-Out Voting, Michael J. Pitts
Hofstra Law Review
This article proposes a new system of casting ballots at elections: opt-out voting. Opt-out voting would change the default rule for voting. Currently most registered voters go to a polling place to select a candidate. In contrast, opt-out voting would randomly pre-select a candidate for each registered voter and then allow the registered voter to switch the ballot to his or her preferred candidate. This article theorizes that switching to opt-out voting could lead to an increase in voter turnout, especially in local elections. This article argues that increasing participation, particularly on the local level, would be a positive change …
Horseshoes And Hand Grenades: The Dodd-Frank Act's (Almost) Attack On Credit Rating Agencies, Allana M. Grinshteyn
Horseshoes And Hand Grenades: The Dodd-Frank Act's (Almost) Attack On Credit Rating Agencies, Allana M. Grinshteyn
Hofstra Law Review
No abstract provided.
Behind Prison Walls: The Failing Treatment Choice For Mentally Ill Minority Youth, Simone S. Hicks
Behind Prison Walls: The Failing Treatment Choice For Mentally Ill Minority Youth, Simone S. Hicks
Hofstra Law Review
No abstract provided.
"Sometimes A Cigar Is Just A Cigar": The Simple Story Of Pari Passu, Robert A. Cohen
"Sometimes A Cigar Is Just A Cigar": The Simple Story Of Pari Passu, Robert A. Cohen
Hofstra Law Review
No abstract provided.
Notes On The Margins Of Lawyering, In Three And A Half Minutes, Stewart Macaulay
Notes On The Margins Of Lawyering, In Three And A Half Minutes, Stewart Macaulay
Hofstra Law Review
No abstract provided.
Contracts Meet Henry Ford, Barak Richman
Contracts Meet Henry Ford, Barak Richman
Hofstra Law Review
Legal scholars and legal educators view contracts as a welfare-maximizing (or optimal risk-allocating) device for two or more parties. Because we cling to this principal-driven paradigm, we think of lawyers only as the proverbial “transaction cost engineers,” the loyal agents of parties to a transaction. And whenever we observe contracts that appear to be suboptimal, we blame agency costs.
We instead should apply the literature on organizational economics to understand the production of contracts by the modern law firm. This literature better illustrates how law firms organize, why they produce the products they do, and why those products sometimes exhibit …
The Bankruptcy Ladder Of Priorities And The Inequalities Of Life, Philip R. Wood Qc (Hon)
The Bankruptcy Ladder Of Priorities And The Inequalities Of Life, Philip R. Wood Qc (Hon)
Hofstra Law Review
No abstract provided.
Nearly Toothless: Why The Speech Act Is Mostly Bark, With Little Bite, Elizabeth J. Elias
Nearly Toothless: Why The Speech Act Is Mostly Bark, With Little Bite, Elizabeth J. Elias
Hofstra Law Review
No abstract provided.
The Adam Walsh Act As Applied To Juveniles: One Size Does Not Fit All, Richard A. Paladino
The Adam Walsh Act As Applied To Juveniles: One Size Does Not Fit All, Richard A. Paladino
Hofstra Law Review
No abstract provided.