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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 Dec 2021

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 …


Front Matter Dec 2021

Front Matter

Hofstra Law Review

No abstract provided.


End Matter Dec 2021

End Matter

Hofstra Law Review

No abstract provided.


The Final Act: Deportation By Ice Air, Deborah M. Weissman, Angelina Godoy, Havan M. Clark Dec 2021

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 Dec 2021

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 Dec 2021

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 Dec 2021

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 Dec 2021

In Vitro Fertilization, Fertility Frustrations, And The Lack Of Regulation, Delores V. Chichi

Hofstra Law Review

No abstract provided.


Front Matter Sep 2021

Front Matter

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 Sep 2021

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. Sep 2021

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 Sep 2021

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 Sep 2021

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 Sep 2021

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 Sep 2021

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.


End Matter Sep 2021

End Matter

Hofstra Law Review

No abstract provided.


The Identity Criterion: Resuscitating A Cardozian, Relational Approach To Duty Of Care In Negligence, Tim Kaye Jun 2021

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 Jun 2021

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.


Front Matter Jun 2021

Front Matter

Hofstra Law Review

No abstract provided.


Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie R. Abrams Jun 2021

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 …


End Matter Jun 2021

End Matter

Hofstra Law Review

No abstract provided.


If You Don't Care, Who Will?, Chad J. Pomeroy Jun 2021

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 Jun 2021

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 Jun 2021

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.


Front Matter Mar 2021

Front Matter

Hofstra Law Review

No abstract provided.


Super-Dissenters, Nicholas L. Georgakopoulos Mar 2021

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.


End Matter Mar 2021

End Matter

Hofstra Law Review

No abstract provided.


Lessons From The Present: Three Crises And Their Potential Impact On The Legal Profession, Raymond H. Brescia Mar 2021

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 Mar 2021

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 Mar 2021

"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.