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Full-Text Articles in Law
Dumping The Probable Cause Requirement: Why The Supreme Court Should Decide Probable Cause Is Not Necessary For Cell Tower Dumps, Amanda Regan
Hofstra Law Review
The article discusses America's probable cause legal doctrine, the Fourth Amendment to the U.S. Constitution, and the reasons why the U.S. Supreme Court should establish a bright line rule for law enforcement regarding requests for cell towerdumps which encompass all of the cellular transmissions and calls that are transmitted through a cell tower at a given time. According to the article, a specific facts standards should be required in order to law enforcement to obtain cell towerdumps.
The Merging Of Black And Gray: International Copyright Infringement In The Post-Kirtsaeng Era, Addie T. Katz
The Merging Of Black And Gray: International Copyright Infringement In The Post-Kirtsaeng Era, Addie T. Katz
Hofstra Law Review
The article discusses several aspects of international copyright infringement in the wake of the U.S. Supreme Court's ruling in the 2013 copyright infringement case Kirtsaeng v. John Wiley & Sons Inc. which deals with a student-run business which sold imported foreign-made textbooks to customers in America. Intellectual property rights in places such as the U.S. are examined, along with the laws governing gray market goods and the responsibilities of U.S. Customs and Border Protection agency.
Ensuring Effective Counsel For Parents: Extending Padilla To Termination Of Parental Rights Proceedings, Sarah Freeman
Ensuring Effective Counsel For Parents: Extending Padilla To Termination Of Parental Rights Proceedings, Sarah Freeman
Hofstra Law Review
The increase in the number of incarcerated women, combined with the severe effects of ASFA's 15/22 rule, has dramatically increased the risk that a incarcerated mother face a termination of her parental rights. Currently, existing ethical and statutory protections have been insufficient to protect these parents’ rights to their children. However, after Padilla v. Kentucky, it is likely that there is a Sixth Amendment obligation on criminal defense attorneys to advise their clients about the effect of the criminal process on a TPR proceeding. This advice should not be limited to a mere suggestion that clients seek legal advice from …
Constitutional Branding, Michael J. Gerhardt
Trix Are Not Just For Kids: The Supreme Court's Clumsy Handling Of The Public-Private Distinction And Its Legislative Impact On Breakfast And Beyond, David Gerardi
Hofstra Law Review
No abstract provided.
The U.S. Supreme Court Upholds The Health Care Reform Law: What's Next For Employer-Sponsored Group Health Plans?, Stephen J. Mogila, Daniel L. Saperstein
The U.S. Supreme Court Upholds The Health Care Reform Law: What's Next For Employer-Sponsored Group Health Plans?, Stephen J. Mogila, Daniel L. Saperstein
Hofstra Law Review
No abstract provided.
Against Certainty, Shawn J. Bayern
Against Certainty, Shawn J. Bayern
Hofstra Law Review
In legal argumentation, appeals to certainty and predictability have enormous rhetorical power. This Article argues that their use outstrips their legitimate role in legal analysis. The Article is not literally “against certainty” in the sense that it promotes uncertainty as a good thing in itself; it is just a skeptical consideration of the role of appeals to certainty in legal theory. The Article’s principal contention is that arguments about certainty are often mistaken, that certainty itself is often misunderstood, and that many defenses of certainty in legal rules are tautological, irrelevant, or substantively overstated.
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.
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.
Invested In Politics: Gun Jumping, Corporate Political Speech, And Citizens United, Alexander F.L. Sand
Invested In Politics: Gun Jumping, Corporate Political Speech, And Citizens United, Alexander F.L. Sand
Hofstra Law Review
No abstract provided.
Lawyering In The Supreme Court, Paul D. Clement
Lawyering In The Supreme Court, Paul D. Clement
Hofstra Law Review
No abstract provided.
The Candor Factor: Does Nominee Evasiveness Affect Judiciary Committee Support For Supreme Court Nominees?, Justin Wedeking, Dion Farganis
The Candor Factor: Does Nominee Evasiveness Affect Judiciary Committee Support For Supreme Court Nominees?, Justin Wedeking, Dion Farganis
Hofstra Law Review
No abstract provided.
When Every Vote Counts: 5-4 Decisions In The United States Supreme Court, 1900-90, Robert E. Riggs
When Every Vote Counts: 5-4 Decisions In The United States Supreme Court, 1900-90, Robert E. Riggs
Hofstra Law Review
No abstract provided.
The Confrontation Clause And The Supreme Court: Some Good News And Some Bad News, David E. Seidelson
The Confrontation Clause And The Supreme Court: Some Good News And Some Bad News, David E. Seidelson
Hofstra Law Review
No abstract provided.
Fragmentation Of The Supreme Court: An Inquiry Into Causes, Louis Lusky
Fragmentation Of The Supreme Court: An Inquiry Into Causes, Louis Lusky
Hofstra Law Review
No abstract provided.
The Supreme Court, Race, And The Class Struggle, Thomas Kleven
The Supreme Court, Race, And The Class Struggle, Thomas Kleven
Hofstra Law Review
No abstract provided.
Constitutional Control Of Choice Of Law: Some Reflections On Hague, Arthur T. Von Mehren, Donald T. Trautman
Constitutional Control Of Choice Of Law: Some Reflections On Hague, Arthur T. Von Mehren, Donald T. Trautman
Hofstra Law Review
No abstract provided.