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Articles 31 - 47 of 47
Full-Text Articles in Law
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.
Red Monday And Its Aftermath: The Supreme Court's Flip-Flop Over Communism In The Late 1950s, Elizabeth J. Elias
Red Monday And Its Aftermath: The Supreme Court's Flip-Flop Over Communism In The Late 1950s, Elizabeth J. Elias
Hofstra Law Review
The article discusses the U.S. Supreme Court's (USSC's) issuance of varying opinions on the topic of communism during the 1950s, and it mentions the term Red Monday which was coined by then-U.S. Federal Bureau of Investigation Director J. Edgar Hoover to describe the day when the USSC handed down four legal decisions favoring communists (Reds). The U.S. Smith Act and the Communist Party-related cases Dennis v. United States, Barenblatt v. United States, and Uphaus v. Wyman are examined.
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.
Are Judges Tied To The Past? Evidence From Jurisdiction Cases, Shay Lavie
Are Judges Tied To The Past? Evidence From Jurisdiction Cases, Shay Lavie
Hofstra Law Review
Do past decisions bias judges? This Article argues that judges might be unduly affected by previously spent judicial efforts. Appellate courts, for instance, are more reluctant to reverse a case the larger the resources the trial judge invested.
To provide empirical evidence for this proposition, this Article examines reversal rates of jurisdictional questions. As jurisdiction is independent of the merits, its resolution should not be affected by subsequent judicial efforts on the merits. Nonetheless, this study finds that the more resources that are invested on the merits of the case, the less likely appellate courts are to reverse the underlying …
Death Of A Precedent: Should Justices Rethink Their Consensus Norms?, Michael H. Leroy
Death Of A Precedent: Should Justices Rethink Their Consensus Norms?, Michael H. Leroy
Hofstra Law Review
No abstract provided.
Legal Osmosis: The Role Of Brain Science In Protecting Adolescents, Cheryl B. Preston, Brandon T. Crowther
Legal Osmosis: The Role Of Brain Science In Protecting Adolescents, Cheryl B. Preston, Brandon T. Crowther
Hofstra Law Review
In the last decade, the Supreme Court relied on scientific findings presented in amicus curiae briefs filed by various medical and psychological organizations and health professionals in three juvenile justice cases, Roper v. Simmons, Graham v. Florida, and Miller v. Alabama. Theresearch showed that the structure and function of adolescent brains are distinct from those of adults, which supports the position that adolescents, as a class, are generally immature in three separate, but related, ways. First, adolescents are more likely to engage in risky behavior than adults; second, adolescents are less able to control their impulses than adults; and finally, …
The Obligations Of High-Income Parents, Margaret Ryznar
The Obligations Of High-Income Parents, Margaret Ryznar
Hofstra Law Review
The Child Support Guidelines, incentivized by federal law, provide rebuttable guidance for setting child support awards, except in low- and high-income cases. This article focuses on the latter, as states continue to grapple with the question of whether the child should receive a proportion of the noncustodial parent’s income regardless of its amount, or whether there should be another limit. This article traces the narrative of child support obligations in high-income cases by considering the development of the economic aspect to the parent-child relationship, as well as the purpose and nature of the child support system. The resulting insights are …
Caught In A Rundown: The Need For A Zero-Tolerance Drug Policy To Bring Integrity Back Into Professional Sports And Stop The Spread Of Performance Enhancing Drugs Into Society, Bilal Chaudry
Hofstra Law Review
No abstract provided.
Undocumented Workers, The National Labor Relations Act, And The Immigration Reform And Control Act: Irreconcilable Differences Or A Match Made In Legal Heaven?, James Meehan
Hofstra Law Review
No abstract provided.
Marriage Equality, United States V. Windsor, And The Crisis In Equal Protection Jurisprudence, Susannah W. Pollvogt
Marriage Equality, United States V. Windsor, And The Crisis In Equal Protection Jurisprudence, Susannah W. Pollvogt
Hofstra Law Review
The article discusses equal protection jurisprudence in America in relation to the U.S. Supreme Court's (USSC's) ruling in the 2013 marriage equality case United States v. Windsor. The views of USSC Justice Anthony Kennedy are mentioned, along with an unconstitutional animus legal doctrine and a heightened rational basis standard of review. The U.S. Constitution's Equal Protection Clause is addressed in relation to the nation's discrimination laws.
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
Virtual Economics Virtually Unregulated: How Clear Taxpayer Guidance Can Mitigate Tax Compliance Risks, Jeffrey Anand
Virtual Economics Virtually Unregulated: How Clear Taxpayer Guidance Can Mitigate Tax Compliance Risks, Jeffrey Anand
Hofstra Law Review
The article discusses the regulation of virtual economies and the author's claim that clear taxpayer guidance can mitigate the tax compliance risks as of 2014. America's national debt is addressed, along with government revenue in the country and noncompliance with the U.S. Internal Revenue Code. Virtual currencies such as Bitcoin are examined, along with tax havens and the country's Internal Revenue Service (IRS). Recommendations from the U.S. Government Accountability Office are assessed.
Excluding Patentability Of Therapeutic Methods, Including Methods Using Pharmaceuticals, For The Treatment Of Humans Under Trade Related Aspects Of Intellectual Property Rights Article 27(3)(A), Michael H. Davis
Hofstra Law Review
The article discusses the legal aspects of excluding patentability of therapeutic methods for the treatment of humans under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), and it mentions patentmethods using pharmaceuticals, as well as the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). Patent law protections and treatments for viruses and diseases such as HIV and AIDS are examined. Public health laws are also assessed.
The M Word, Tamara L. Kuennen