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Full-Text Articles in Law
The Lost Ones Of The Interstate Compact Of The Placement Of Children, C. Nneka Nzekwu
The Lost Ones Of The Interstate Compact Of The Placement Of Children, C. Nneka Nzekwu
Hofstra Law Review
The article discusses the author's contention that the Interstate Compact for the Placement of Children (ICPC) agreement infringes upon America's best interest of the child legal standard, and it mentions a call for modifications to the ICPC statute and regulations to protect children. According to the article, the ICPC has been adopted in every American state and monitors the out-of-state placements of children in the foster care system. The legal rights of familial relatives are examined.
Expunging Statelessness From Terrorist Expatriation Statutes, Annam Farooq
Expunging Statelessness From Terrorist Expatriation Statutes, Annam Farooq
Hofstra Law Review
The article discusses international human rights laws in relation to the author's claim that any legislation that is proposed and enacted to prosecute a global War on Terror should not cause statelessness. Concerns about national security and terrorism in places such as the U.S. and Great Britain are examined, along with the Islamic State of Iraq and Syria (ISIS) terror organization. Stateless persons and terrorist expatriation statutes in the U.S. and Great Britain are assessed.
Equity's Leaded Fleet In A Contest Of Scoundrels: The Assertion Of The In Pari Delicto Defense Against A Lawbreaking Plaintiff And Innocent Successors, Brian A. Blum
Hofstra Law Review
A defendant sued by a plaintiff whose cause of action is based on or arises from the plaintiff’s illegal conduct may assert the affirmative defense that the illegality of the plaintiff’s action bars the suit. The defense is expressed in the maxim, in pari delicto potior est conditio defendentis (where the parties are in equal guilt the position of the defendant is the stronger). The essential purpose of the in pari delicto rule is to prevent a lawbreaking plaintiff from enforcing rights or otherwise obtaining a remedy arising from her violation of the law. The maxim indicates that the defense …
Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord
Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord
Hofstra Law Review
No abstract provided.
Childhood Trauma And Special Education: Why The "Idea" Is Failing Today's Impacted Youth, Felicia Winder
Childhood Trauma And Special Education: Why The "Idea" Is Failing Today's Impacted Youth, Felicia Winder
Hofstra Law Review
No abstract provided.
Breaking The Ice: How Plaintiffs May Establish Premises Liability In "Black Ice" Cases Where The Dangerous Condition Is By Definition Not Visible Or Apparent To Property Owners, Hon. Mark C. Dillon
Breaking The Ice: How Plaintiffs May Establish Premises Liability In "Black Ice" Cases Where The Dangerous Condition Is By Definition Not Visible Or Apparent To Property Owners, Hon. Mark C. Dillon
Hofstra Law Review
The article presents practical advice regarding how plaintiffs in the U.S. may establish premises liability in lawsuits which deal with accidents caused by invisible and unseen ice (black ice). Legal liability is mentioned, along with the legal aspects of dangerous conditions that are not visible or apparent to property owners in places such as New York. Common law distinctions involving trespassers, licensees, and invitees are examined, along with a constructive notice doctrine.
Trading In The Keys To The Cell For The Keys To Success: Rehabilitating Violent Youthful Offenders In New York State, Ashley N. Guarino
Trading In The Keys To The Cell For The Keys To Success: Rehabilitating Violent Youthful Offenders In New York State, Ashley N. Guarino
Hofstra Law Review
The article discusses several aspects of the efforts to rehabilitate violent youthful offenders in the state of New York as of 2015, and it mentions proposed legislation which would reform New York's juvenile justice system by removing sixteen- and seventeen-year-old non-violent offenders from the state's adult criminal courts and placing them in rehabilitative Adolescent Diversion Parts. Public safety and New York's Family Court Act are examined, as well as the state's criminal laws.
A Tenant's Procedural Due Process Right In Chronic Nuisance Ordiance Jurisdictions, Salim Katach
A Tenant's Procedural Due Process Right In Chronic Nuisance Ordiance Jurisdictions, Salim Katach
Hofstra Law Review
The article discusses a tenant's procedural due process right in Chronic Nuisance Ordinance (CNO) jurisdictions in America, and it mentions a lawsuit involving single mother Lakisha Briggs who was accused of violating Norristown, Pennsylvania's CNO following a disorderly conduct and fighting incident in 2012. According to the article, CNOs are designed to encourage property owners to prevent criminal activity on their properties and to recover the costs associated with police services.
"Can I Take The Normal One?" Unrelated Commerical Surrogacy And Child Abandonment, Brianne Richards
"Can I Take The Normal One?" Unrelated Commerical Surrogacy And Child Abandonment, Brianne Richards
Hofstra Law Review
No abstract provided.
The Cyber Civil War, Eldar Haber
The Cyber Civil War, Eldar Haber
Hofstra Law Review
Public and private actors engage in cyber warfare. In the private field, the role of individuals is rather limited: Individuals are usually either hackers or targets of cyber crimes. This paradigm could change soon, as individuals might now face a new threat: Information. In 2014, a group of hackers launched a cyber attack on Sony Pictures Entertainment, and released, inter alia, personally identifiable information on their employees, including email correspondence and information about executive salaries. This incident revealed a terrifying new reality: Cyber attacks could result in a revelation of our entire personal information held by third parties. Emails, search …
An Edifice Of Misshapen Stones: Interpreting Federal Rule Of Evidence 404(A), David Crump
An Edifice Of Misshapen Stones: Interpreting Federal Rule Of Evidence 404(A), David Crump
Hofstra Law Review
The article discusses several concerns regarding interpretations of the U.S. Federal Rules of Evidence as of 2015, and it mentions America's character evidence rules and the U.S. Supreme Court's ruling in the 1948 case Michelson v. United States which deals with the defendant's request for the court to prohibit customary types of prosecution responses to character testimony. The legal rights of defendants in America are examined, along with cross-examinations and witness credibility.
Keeping Your Personal Information Personal: Trouble For The Modern Consumer, Eugene E. Hutchinson
Keeping Your Personal Information Personal: Trouble For The Modern Consumer, Eugene E. Hutchinson
Hofstra Law Review
The article discusses U.S. consumer protection laws in relation to the efforts to keep personally identifiable information private as of 2015, and it mentions consumer privacy breaches, as well as the legal aspects of the data collection and selling practices of various companies and data brokers. The harm that is caused by the unauthorized collection and dissemination of personal data is examined, as well as opt-out consent and proposed legislation to protect consumers.
Dilemmas Of Shared Parenting In The 21st Century: How Law And Culture Shape Child Custody, J. Herbie Difonzo
Dilemmas Of Shared Parenting In The 21st Century: How Law And Culture Shape Child Custody, J. Herbie Difonzo
Hofstra Law Review
The article discusses what the author refers to as the dilemmas associated with shared parenting in the twenty-first century, and it mentions the ways in which law and culture impact child custody in America. U.S. common law and the legal relationships between fathers and children are addressed, along with property rights and the parens patriae legal doctrine. The legal rights of mothers are examined, along with U.S. courts and legal history during the eighteenth and nineteenthcenturies.
Don't Blame The Bully: Holding Preschools Accountable For Bullying Against Students With Disabilities, Rachel Summer
Don't Blame The Bully: Holding Preschools Accountable For Bullying Against Students With Disabilities, Rachel Summer
Hofstra Law Review
The article discusses a proposal to hold preschools legally accountable for bullying that is directed at students with disabilities in America as of 2015, and it mentions discrimination under Section 504 of the U.S. Rehabilitation Act of 1973, as well as the legal aspects of peer-on-peer harassment and students' rights in the country. U.S. federal legislation and the creation of a deliberate indifference standard are examined, along with several education law-related legal cases in America.
Wrestling With Equality: Identifiable Trends As The Federal Courts Grapple With The Practical Significance Of Martinez V. Ryan & Trevino V. Thaler, Allen L. Bohnert
Wrestling With Equality: Identifiable Trends As The Federal Courts Grapple With The Practical Significance Of Martinez V. Ryan & Trevino V. Thaler, Allen L. Bohnert
Hofstra Law Review
The article discusses trends in the U.S. federal courts with respect to how those judicial bodies are applying the U.S. Supreme Court's rulings in the case Martinez v. Ryan and Trevino v. Thaler which deal with ineffective assistance of counsel claims and the quality of the legal assistance that prisoners receive during their state collateral-review (post-conviction) proceedings. An equitable exception is addressed in relation to U.S. federal habeas corpus cases and procedural defaults.
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Hofstra Law Review
The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …
Do Tell! The Rights Of Donor-Conceived Offspring, Naomi Cahn
Do Tell! The Rights Of Donor-Conceived Offspring, Naomi Cahn
Hofstra Law Review
The article discusses the legal rights of donor-conceived children in America, and it mentions U.S. constitutional rights, the laws associated with donor conception in the country, and the concept of double disclosure. Parental rights and children's interests are mentioned, along with respect for familial autonomy and various aspects of U.S. family and health laws. Sperm and egg (ovum) donations are examined, along with the nation's fertility industry and assisted reproductive technology.
Organizational Responsibility For Workplace Racial And Sexual Harassment: The Stories Of One Company's Workers, Cheryl L. Wade
Organizational Responsibility For Workplace Racial And Sexual Harassment: The Stories Of One Company's Workers, Cheryl L. Wade
Hofstra Law Review
The article discusses organizational responsibility for workplace-related racial and sexual harassment in America as of 2014, and it mentions the testimony of several African-American workers in a race discrimination lawsuit against the Turner Industries Group LLC industrial construction and fabrication firm. Employee exploitation claims are examined, along with American corporate and labor laws. U.S. Equal Employment Opportunity Commission investigations are also assessed.
Adoptive Couple V. Baby Girl: From Strict Construction To Serious Confusion, Allison E. Burke
Adoptive Couple V. Baby Girl: From Strict Construction To Serious Confusion, Allison E. Burke
Hofstra Law Review
The article discusses the U.S. Supreme Court's ruling in the 2013 case Adoptive Couple v. Baby Girl which deals with the nation's Indian Child Welfare Act of 1978 and the legal rights of biological fathers. American constitutional laws are addressed, along with the legal aspects of adoptions involving non-Indian parents. Legal consent and parental rights are examined, as well as American state laws and the definition of a father under the South Carolina Annotated Code
What You Do Not Know Can Hurt You: How The Finra Expungement Process Is Endangering Future Investors Through A Lack Of Information, James T. Farris
What You Do Not Know Can Hurt You: How The Finra Expungement Process Is Endangering Future Investors Through A Lack Of Information, James T. Farris
Hofstra Law Review
The article discusses the ways in which the U.S. Financial Industry Regulatory Authority Inc.'s (FINRA's) expungement process is endangering future investors in America through a lack of information sharing, and it mentions the laws governing the nation's securities industry, as well as the legal obligations of brokers. FINRA's Broker Check online database is mentioned, along with the efforts to protect investors from fraudulent brokers. U.S. government agency rules are also examined.
Deconstructing Antisocial Personality Disorder And Psychopathy: A Guidelines-Based Approach To Prejudicial Psychiatric Labels, Kathleen Wayland, Sean D. O'Brien
Deconstructing Antisocial Personality Disorder And Psychopathy: A Guidelines-Based Approach To Prejudicial Psychiatric Labels, Kathleen Wayland, Sean D. O'Brien
Hofstra Law Review
Prejudicial psychiatric labels such as antisocial personality disorder and psychopathy have an inherently prejudicial effect on courts and juries, particularly in cases involving the death penalty. This article explains how and why these labels are inherently aggravating, and also discusses the mental health literature indicating that they are subjective, unreliable and non-scientific. The authors conclude that no competent defense lawyer would pursue a mitigation case based on such a damaging and scientifically questionable psychiatric label. Further, a proper life history investigation conducted in accordance with the ABA Guidelines on the Appointment and Performance of Defense Counsel in Death Penalty Cases …
Asocial Media: Cops, Gangs, And The Internet, James R. O'Connor
Asocial Media: Cops, Gangs, And The Internet, James R. O'Connor
Hofstra Law Review
Criminal street gangs are not a new phenomenon in America, but recent developments in technology and social interactions have changed the game -- gangs are increasingly using social media to accomplish gang objectives and commit crimes. This is no secret to law enforcement. In fact, police departments and prosecutors regularly use the Internet and social media networks to obtain incriminating evidence against gang members -- evidence that is often ruled admissible in court. Although the majority of the information seized in these investigations is highly personal and profoundly private, the details of the government’s specific data-collection and data-storage practices remain …
In The System: Facilitating The Reunification Of The Child And The Parents Through Religion, Cherie Nicole Brown
In The System: Facilitating The Reunification Of The Child And The Parents Through Religion, Cherie Nicole Brown
Hofstra Law Review
The article discusses the reported efforts to facilitate the reunification of children and parents through religion as of 2014, focusing on terminations of parental rights in America and U.S. state laws regarding Sharia law and international law. The legal rights of Muslims in America are mentioned, along with the U.S. Constitution's Establishment Clause and an alleged Anti-Sharia Movement in the U.S. America's foster care system and the best interest of the child legal standard are examined.
Responsibility And Control, Michael Louis Corrado
Responsibility And Control, Michael Louis Corrado
Hofstra Law Review
No abstract provided.