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Articles 1 - 30 of 32
Full-Text Articles in Law
We're All Originalists Now… Or Are We?: Bostock's Misperceived Quest To Distinguish Title Vii's Meaning From The Public's Expectations, Steven Semeraro
We're All Originalists Now… Or Are We?: Bostock's Misperceived Quest To Distinguish Title Vii's Meaning From The Public's Expectations, Steven Semeraro
Hofstra Law Review
Two principal tenets underlie originalism-textualism: First, judicial interpreters of a statute should not use modern values to supplant original meaning because the law should change only through democratic processes. Second, original meaning is limited to the intersubjective original understanding that a reasonable reader would draw from a statute’s text. Meaning does not include anyone’s extratextual subjective expectations about how a statute should apply.
The divided Bostock Court’s decision that Title VII prohibits sexual orientation and gender identity discrimination reveals a contradiction between originalism-textualisms dual tenets. The mid-1960s public’s expectations about how Title VII would apply to sexual orientation and gender …
The Final Act: Deportation By Ice Air, Deborah M. Weissman, Angelina Godoy, Havan M. Clark
The Final Act: Deportation By Ice Air, Deborah M. Weissman, Angelina Godoy, Havan M. Clark
Hofstra Law Review
No abstract provided.
The Case For Abolishing Absolute Prosecutorial Immunity On Equal Protection Grounds, Samantha M. Caspar, Artem M. Joukov
The Case For Abolishing Absolute Prosecutorial Immunity On Equal Protection Grounds, Samantha M. Caspar, Artem M. Joukov
Hofstra Law Review
No abstract provided.
Baseball's Minor Leaguers Call Foul: How The Save America's Pastime Act Strikes Out Within State Lines, Daniel Ryan Axelrod
Baseball's Minor Leaguers Call Foul: How The Save America's Pastime Act Strikes Out Within State Lines, Daniel Ryan Axelrod
Hofstra Law Review
No abstract provided.
Turning Orphans For A Profit: The Orphan Drug Act Is Due For An Overhaul, Kelly L. Mckinney
Turning Orphans For A Profit: The Orphan Drug Act Is Due For An Overhaul, Kelly L. Mckinney
Hofstra Law Review
No abstract provided.
In Vitro Fertilization, Fertility Frustrations, And The Lack Of Regulation, Delores V. Chichi
In Vitro Fertilization, Fertility Frustrations, And The Lack Of Regulation, Delores V. Chichi
Hofstra Law Review
No abstract provided.
Severe Or Pervasive Should Not Mean Impossible And Unattainable: Why The "Severe Or Pervasive" Standard For A Claim Of Sexual Harassment And Discrimination Should Be Replaced With A Less Stringent And More Current Standard, Kristy D'Angelo-Corker
Hofstra Law Review
No abstract provided.
Don't Always Believe What You See: Shallowfake And Deepfake Media Has Altered The Perception Of Reality, Samuel D. Hodge Jr.
Don't Always Believe What You See: Shallowfake And Deepfake Media Has Altered The Perception Of Reality, Samuel D. Hodge Jr.
Hofstra Law Review
No abstract provided.
The Politics Of Bar Admission: Lessons From The Pandemic, Leslie C. Levin
The Politics Of Bar Admission: Lessons From The Pandemic, Leslie C. Levin
Hofstra Law Review
The controversy over how and whether to administer the July 2020 bar examination during the COVID-19 pandemic upended the usual process of lawyer regulation. New actors—including bar applicants—very publicly challenged regulators’ decisions and questioned the safety and fairness of plans for the bar exam. Some advocated for emergency admission without the need to satisfy the bar examination requirement. Joined by law school deans and faculty, the advocacy occurred against the backdrop of the politicization of COVID-19, street protests over police misconduct and racial inequality, and long-standing skepticism about the value and fairness of the bar exam. Regulators throughout the United …
The Big Short: How The Big Step Of The Small Business Reorganization Act Fell Short, Nicole C. Cipriano
The Big Short: How The Big Step Of The Small Business Reorganization Act Fell Short, Nicole C. Cipriano
Hofstra Law Review
No abstract provided.
Don't Hate The Player, Hate The Game: Video Game Loot Boxes, Gambling, And A Call For Administrative Regulation, Jason Egielski
Don't Hate The Player, Hate The Game: Video Game Loot Boxes, Gambling, And A Call For Administrative Regulation, Jason Egielski
Hofstra Law Review
No abstract provided.
Food For Thought: Increasing Access To And Coverage Of Eating Disorder Treatment In New York State By Amending The Definition Of "Substance Use Disorder", Meagan R. Nolan
Food For Thought: Increasing Access To And Coverage Of Eating Disorder Treatment In New York State By Amending The Definition Of "Substance Use Disorder", Meagan R. Nolan
Hofstra Law Review
No abstract provided.
The Identity Criterion: Resuscitating A Cardozian, Relational Approach To Duty Of Care In Negligence, Tim Kaye
The Identity Criterion: Resuscitating A Cardozian, Relational Approach To Duty Of Care In Negligence, Tim Kaye
Hofstra Law Review
Everyone agrees that the canonical case in American negligence law is Palsgraf v. Long Island Railroad Co. In his famous majority opinion in the New York Court of Appeals, Chief Judge Benjamin Cardozo held that the outcome of the case turned on whether the plaintiff, Mrs. Palsgraf, had been owed a duty of care by the Long Island Railroad. He declared that the answer to this question depended on whether the parties had a relevant relationship at the time of the conduct under consideration. “Negligence, like risk,” he said, is “a term of relation. Negligence in the abstract, apart from …
Last Wall Standing: Builders Are Finding A Way Around The Housing Merchant Implied Warranty For New Home Construction In New York, Nicole M. Donadio
Last Wall Standing: Builders Are Finding A Way Around The Housing Merchant Implied Warranty For New Home Construction In New York, Nicole M. Donadio
Hofstra Law Review
No abstract provided.
Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie R. Abrams
Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie R. Abrams
Hofstra Law Review
Two seismic curricular disruptions create a tipping point for legal education to reform and transform. COVID-19 abruptly disrupted the delivery of legal education. It aligned with a tectonic racial justice reckoning, as more professors and institutions reconsidered their content and classroom cultures, allying with faculty of color who had long confronted these issues actively. The frenzy of these dual disruptions starkly contrasts with the steady drumbeat of critical legal scholars advocating for decades to reduce hierarchies and inequalities in legal education pedagogy.
This context presents a tipping point supporting two pedagogical reforms that leverage this unique moment. First, it is …
If You Don't Care, Who Will?, Chad J. Pomeroy
If You Don't Care, Who Will?, Chad J. Pomeroy
Hofstra Law Review
No abstract provided.
Caught In A Bad Romance: Human Trafficking's Intimate Relationship With Legitimate Businesses, Jessica Szymeczek
Caught In A Bad Romance: Human Trafficking's Intimate Relationship With Legitimate Businesses, Jessica Szymeczek
Hofstra Law Review
No abstract provided.
Knowledge Is Power: The Federal Government Must Require Companies To Tell Menstruators The Ingredients In Period Products, Haley E. Clancy
Knowledge Is Power: The Federal Government Must Require Companies To Tell Menstruators The Ingredients In Period Products, Haley E. Clancy
Hofstra Law Review
No abstract provided.
Super-Dissenters, Nicholas L. Georgakopoulos
Super-Dissenters, Nicholas L. Georgakopoulos
Hofstra Law Review
An overview of adjudication by the Supreme Court reveals three phenomena. In the 1976 term, unanimous decisions switch from being decidedly liberal to even, and in 1990, they switch to greater frequency. Also, during the 1970s and 1980s, the Supreme Court displays greater complexity of coalition formation. The departures of Justice Douglas in the first case, and of Justices Brennan and Marshall in the last two, have explanatory power. A look back at pre-WWII data indicates both changes are in the direction of returning to older patterns.
Lessons From The Present: Three Crises And Their Potential Impact On The Legal Profession, Raymond H. Brescia
Lessons From The Present: Three Crises And Their Potential Impact On The Legal Profession, Raymond H. Brescia
Hofstra Law Review
The United States faces three simultaneous crises: a pandemic, a civil-rights reckoning, and a crisis of democracy. The first of these crises has sparked dramatic—though potentially temporary—changes to the practice of law: moving much legal work to remote settings almost overnight, after the profession had largely resisted making such accommodations for decades. The second has sparked an assessment of the extent to which the practice of law and the legal system are both riddled with racism and institutional bias. The third, the crisis of democracy, has lawyers at its center, filing frivolous claims and fomenting an armed insurrection with designs …
Admissions Against Pinterest: The First Amendment Implications Of Reviewing College Applicants' Social Media Speech, Frank D. Lomonte, Courtney Shannon
Admissions Against Pinterest: The First Amendment Implications Of Reviewing College Applicants' Social Media Speech, Frank D. Lomonte, Courtney Shannon
Hofstra Law Review
It has become an accepted commonplace that college admissions officers will view applicants’ social media profiles as part of the screening process. Between 25 and 40 percent of admissions employees, according to one annual survey, look at candidates’ social media feeds -- and, by one study, 8 percent of admissions officers at public institutions have made an adverse decision based on something they found on social media. Lost in this discussion is that state universities are bound by the First Amendment in every other speech-based decision they make. Is the admissions office immune from normal First Amendment principles? Should it …
"Hey Siri, What Does The Government Know About Me?": Increasing The Volume On Smart Speaker Awareness, Jacob A. Manzoor
"Hey Siri, What Does The Government Know About Me?": Increasing The Volume On Smart Speaker Awareness, Jacob A. Manzoor
Hofstra Law Review
No abstract provided.