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Articles 31 - 60 of 1852
Full-Text Articles in Law
The Corporation As A Chartered Government, David Ciepley
The Corporation As A Chartered Government, David Ciepley
Hofstra Law Review
The article focuses on reevaluating the historical role of corporations, highlighting their original purpose of improving governance rather than just liability protection or property management. It explores how early scholars saw corporations as entities with legislative authority. It further argues for returning to this governmental perspective, shedding new light on corporate history and their connection to constitutional government.
Terrible Freedom, Ambiguous Authenticity, And The Pragmatism Of The Endangered: Why Free Speech In Law School Gets Complicated, Len Niehoff
Hofstra Law Review
The article explores the complexities surrounding free speech in law schools, highlighting the challenges and controversies that arise in relation to guest speakers, student protests, student group agendas, faculty expression, and speech on student listservs. The author argues that understanding the dynamics of free speech in law schools requires considering factors such as the nature of private law schools, the suspension of authenticity, and the diverse life experiences of students.
Hacking Healthcare: Ransomware As A Rising Contagion, Elizabeth Stachtiaris
Hacking Healthcare: Ransomware As A Rising Contagion, Elizabeth Stachtiaris
Hofstra Law Review
The article explores the rising threat of ransomware attacks in healthcare, which can disrupt patient care and compromise sensitive data. It emphasizes the need to update laws like HITECH and HIPAA to establish minimum cybersecurity standards for healthcare institutions, safeguarding patient information and ensuring uninterrupted care.
Osha's Interaction With The Ada: How It Is Limiting Anti-Discriminatory Worker Protections, Danielle L. Jacobs
Osha's Interaction With The Ada: How It Is Limiting Anti-Discriminatory Worker Protections, Danielle L. Jacobs
Hofstra Law Review
The article discusses the interaction between OSHA (Occupational Safety and Health Administration) regulations and the ADA (Americans with Disabilities Act) in the context of worker protections. It reports on a case involving firefighters with a facial hair condition and examines the conflict between safety regulations and anti-discrimination protections. It argues for a balance between workplace safety and accommodating employees with disabilities, suggesting the need for clearer guidance.
Introduction: Freedom Of Expression At American Law Schools, Norman I. Silber
Introduction: Freedom Of Expression At American Law Schools, Norman I. Silber
Hofstra Law Review
The article presents a compilation of papers and reflections from the Symposium on Freedom of Expression at American Law Schools.Topics include the importance of respectful and persuasive argumentation, the suppression of speech by state governments, and the role of free expression in legal education.
The Time Has Come: A Proposal For New York To Legalize Physician-Assisted Death, Samantha Knice
The Time Has Come: A Proposal For New York To Legalize Physician-Assisted Death, Samantha Knice
Hofstra Law Review
The article focuses on the proposal that advocate for the legalization of physician-assisted death (PAD) in New York. It begins by highlighting the story of Charlie and Francie Emerick, a terminally ill couple who chose to use Oregon's Death with Dignity Act to peacefully end their lives. It further argues that New York should follow the example of other states and countries by enacting a PAD law.
Parents Under Pressure: Why Cps Needs To Tell Parents Their Rights Before Walking In The Door, Nicole E. Imperatore
Parents Under Pressure: Why Cps Needs To Tell Parents Their Rights Before Walking In The Door, Nicole E. Imperatore
Hofstra Law Review
The article focuses on the experiences of parents who encounter Child Protective Services (CPS) and the potential intrusion into their lives including the initial visit from a CPS caseworker, the questioning and inspection process, and the potential consequences and length of CPS reports.
"The Remedy To Be Applied Is More Speech": Rights, Responsibilities, And Obligations Of Free Expression At Law Schools, Frederick M. Lawrence
"The Remedy To Be Applied Is More Speech": Rights, Responsibilities, And Obligations Of Free Expression At Law Schools, Frederick M. Lawrence
Hofstra Law Review
The article focuses on the free expression jurisprudence developed by Justice Louis D. Brandeis and its application to institutions of higher learning, specifically law schools. Topics include the doctrine of protecting expression, the role of institutions in promoting free speech, and the challenges faced by institutional leaders in navigating difficult conversations.
Free Speech On Campus: The Attack From Within, Kevin T. Baine
Free Speech On Campus: The Attack From Within, Kevin T. Baine
Hofstra Law Review
The article focuses on the lack of free speech and expression on university campuses, where students and faculty feel afraid to voice their opinions due to potential backlash and harassment.
Introduction: Freedom Of Expression At American Law Schools, Norman I. Silber
Introduction: Freedom Of Expression At American Law Schools, Norman I. Silber
Hofstra Law Review
The article presents a compilation of papers and reflections from the Symposium on Freedom of Expression at American Law Schools.Topics include the importance of respectful and persuasive argumentation, the suppression of speech by state governments, and the role of free expression in legal education.
Comment, Guido Calabresi
Comment, Danielle Holley
The Kids Are Alright, Thomas Healy
The Kids Are Alright, Thomas Healy
Hofstra Law Review
In this symposium essay responding to the handwringing about free speech at law schools, I defend law students against the charge of illiberalism, consider whether my fellow aging liberals are turning into their parents, and look to Russian literature for insights about intergenerational conflict. I also reference Robert Frost and The Who.
Comment, Eduardo Peñalver
An Account Of The Deliberations Of The Faculty Committee On Academic Freedom And Unacceptable Speech, Matthew W. Finkin
An Account Of The Deliberations Of The Faculty Committee On Academic Freedom And Unacceptable Speech, Matthew W. Finkin
Hofstra Law Review
The article focuses on the principles of academic freedom and the application of those principles in the context of faculty speech. Topics include the origins and endorsement of the 1940 Statement of Principles on Academic Freedom and Tenure, the distinction between speech as a citizen and disciplinary speech, and a proposal for revising academic freedom policies and establishing a faculty committee for adjudication.
What Went Down When You Went Under? The Performance Of Nonconsensual Pelvic Exams On Unconscious Patients, Gabriella Ferreira
What Went Down When You Went Under? The Performance Of Nonconsensual Pelvic Exams On Unconscious Patients, Gabriella Ferreira
Hofstra Law Review
No abstract provided.
Textualism's Immigration Problem: Stabilizing Interpretive Rules On Noncitizens' Rights And Remedies, Peter Margulies
Textualism's Immigration Problem: Stabilizing Interpretive Rules On Noncitizens' Rights And Remedies, Peter Margulies
Hofstra Law Review
The article focuses on textualism immigration problem as the U.S. Supreme Court has applied textualist methodology in immigration cases and misread the Immigration and Nationality Act (INA). It mentions application of linguistic canons occurs in a comparative, probabilistic assessment to resolve conflicts and analysis of statutory interpretation generally and immigration law in particular. It also mentions discusses inconsistencies in multi-member tribunals, such as appellate courts.
Constitutional Adjudication In The United States As A Means Of Advancing The Equal Stature Of Men And Women Under The Law, Ruth Bader Ginsburg
Constitutional Adjudication In The United States As A Means Of Advancing The Equal Stature Of Men And Women Under The Law, Ruth Bader Ginsburg
Hofstra Law Review
In this article, the author discusses dissenting opinion in which the Supreme Court held that, under the Constitution's equal protection principle, the Commonwealth of Virginia could not exclude from a public military college. It mentions commitment in the Declaration of Independence to equality and in the Declaration and Bill of Rights to individual liberty. It also mentions Civil War ended slavery, through the addition of the Equal Protection Clause to the Constitution.
Virtual Art And Non-Fungible Tokens, Lawrence J. Trautman
Virtual Art And Non-Fungible Tokens, Lawrence J. Trautman
Hofstra Law Review
Fueled in part by the wealth recently created from digital currencies, major art dealers such as Christie's and Sotheby's have embraced the sale of non-fungible tokens attached to unique digital works of art. What are non-fungible tokens, how is this related to the blockchain, and what do we know about this rapidly evolving market for digital art? It appears that digital art can be added to the growing list of uses for blockchain technology now becoming a part of modern life. This Article proceeds in seven Parts. First is a discussion about the new and explosive market for digital art. …
What 2020 Really Needed: A New Standard For Impeachment, Erin Daley
What 2020 Really Needed: A New Standard For Impeachment, Erin Daley
Hofstra Law Review
The article focuses on government with a system of checks and balances to prevent one person or one party from upsetting the balance of power. It mentions system is found in the Impeachment Clause of the U.S. Constitution and exercise their right to vote and remove people from positions of power. It also mentions Framers rejected the "maladministration" standard for impeachment and substituted high crimes and Misdemeanors.
Conceiving Consistency: Giving Birth To A Uniform "Best Interests Of The Child" Standard, Victoria L. Pepe
Conceiving Consistency: Giving Birth To A Uniform "Best Interests Of The Child" Standard, Victoria L. Pepe
Hofstra Law Review
The article address the lack of consistency surrounding the best interests of the child (BIOTC) standard as it has been used in child legal custody adversarial proceedings. It mentions lack of consistency surrounding the BIOTC standard as it has been used in child legal custody adversarial proceedings. It also mentions need to incorporate child welfare data from across the U.S., legal scholarship, and case law to determine which state factors or tests.
Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean D. O'Brien, Quinn C. O'Brien, Dana Cook
Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean D. O'Brien, Quinn C. O'Brien, Dana Cook
Hofstra Law Review
The article focuses on professional standards for investigative interviews, the social science supporting the in-person, face-to-face interview standard. It mentions standards that apply to capital mitigation work, the problems created by remote witness interviews are not unique to death penalty work. It also mentions police officers, social workers, parole officers, and defense investigators knock on doors and mental health experts investigated prevailing standards of performance.
Girl-Bossing Too Close To The Ftc Regulations: How Mlms Avoid Ftc Enforcement Actions And The Need For More Stringent Regulation, Theresa J. Kelley
Girl-Bossing Too Close To The Ftc Regulations: How Mlms Avoid Ftc Enforcement Actions And The Need For More Stringent Regulation, Theresa J. Kelley
Hofstra Law Review
The article discusses multilevel marketing companies (MLMs) and the need for more stringent regulation. It is reported that MLMs uses a direct sales structure in which goods are sold directly to consumers through a network of individuals who earn commission on the products they sell and on the products sold by the individuals they recruit. It also highlights the fact that MLMs are often accused of being pyramid schemes, and while the Federal Trade Commission (FTC) regulates them.
Mitigation Works: Empircal Evidence Of Highly Aggravated Cases Where The Death Penalty Was Rejected At Sentencing, Russell Stetler, Maria Mclaughlin, Dana Cook
Mitigation Works: Empircal Evidence Of Highly Aggravated Cases Where The Death Penalty Was Rejected At Sentencing, Russell Stetler, Maria Mclaughlin, Dana Cook
Hofstra Law Review
This Article updates data presented in this law review in 2018 documenting almost two hundred capital cases presenting serious aggravating circumstances where juries nonetheless chose life sentences. This updated Article adds more than four hundred new cases in the same highly aggravated categories to the total, which is now over six hundred cases. The new case lists, which do not purport to be exhaustive, further support the point that the effective investigation and presentation of mitigating evidence can forestall a death sentence no matter how death-worthy the crime facts may appear at first glance. Indeed, the empirical evidence presented here …
First You Buy The Moisturizer, Then You Pay The Price: An Overview Of The United States' Lack Of Cosmetic Market Regulations And How It Harms The Consumers, Megan Scime
Hofstra Law Review
The article discusses the lack of regulation in the cosmetic industry in the U.S. and how it affects consumer's health. It is reported that the absence of strict regulations has resulted in cosmetics that contain harmful ingredients, which pose risks to the health of consumers. It also examines the gendered marketing of cosmetics, which has contributed to the industry's lack of regulation.
Fourteenth Amendment Confrontation, Evan D. Bernick
Fourteenth Amendment Confrontation, Evan D. Bernick
Hofstra Law Review
The article discuses the historical background of the character Haley in Harriet Beecher Stowe's novel, Uncle Tom's Cabin. It explores the real-life events that inspired the character of Haley and sheds light on the Fugitive Slave Act of 1850. It also discusses how the portrayal of Haley in the novel and the subsequent controversy surrounding the character contributed to the abolitionist movement and the fight against slavery in the United States.
Wada: Wasting Efforts On The Wrong Dopes, Kyle Facibene
Wada: Wasting Efforts On The Wrong Dopes, Kyle Facibene
Hofstra Law Review
The article discusses the debate surrounding the suspension of American athlete, Sha'Carri Richardson from the 2020 Tokyo Olympics after she tested positive for Tetrahydrocannabinol (THC). It is reported that the World Anti-Doping Agency (WADA) has been responsible for leading the fight against the use of performance-enhancing drugs (PEDs) in sports. It also discusses the debate surrounding Richardson's suspension and whether the prohibition of marijuana in sports is justified.
Fan To Fan, They're Cheating You: American Fans' Collective Nightmare And The Need For Uniform Regulation Of America's Secondary Ticketing Market, Irini Christina Tsounakas
Fan To Fan, They're Cheating You: American Fans' Collective Nightmare And The Need For Uniform Regulation Of America's Secondary Ticketing Market, Irini Christina Tsounakas
Hofstra Law Review
No abstract provided.