Law Commons^™

Leveling The Playing Field: Addressing The Crisis In Indigent Defense Through Resource Parity, Evan Itzkowitz

Hofstra Law Student Works

No abstract provided.

I Called For Help, And No One Answered: How Government Attorneys Still Lack Ethical Protection In Whistleblowing Loyalist-Adversarial Political Prosecutions, Robert Harry Saylor Iii

Hofstra Law Student Works

No abstract provided.

Use Of Artificial Intelligence-Based Tools By Lawyers In Criminal Advocacy, Jamie Bernstein

Hofstra Law Student Works

No abstract provided.

The Role Of Leniency Offers In Correcting Wrongful Convictions, Lee Ann Masters

Hofstra Law Student Works

No abstract provided.

Beyond Dusky: Developing A Statutory Affirmative Defense For Individuals With Autism Spectrum Disorder, Sara Murphy

Hofstra Law Student Works

No abstract provided.

The Spear And Shield: Governmental Intervention In White-Collar Crimes And Defendants' Privileges, Harry Chen

Hofstra Law Student Works

No abstract provided.

Voiceless Victims: Addressing The Issues Of Prosecuting Intimate Partner Violence Without Victim Cooperation, Carolyn Powers

Hofstra Law Student Works

No abstract provided.

Forensic Science; Far From "Scientific Certainty", Kathleen Dewitt

Hofstra Law Student Works

No abstract provided.

As Long As There Is Money Involved In Justice, There Will Be No Justice: The United States' Criminalization Of Poverty And The Need To Demonitize Our Criminal "Justice" System, Amanda Piccione

Hofstra Law Student Works

This paper will show how the United States will fail to achieve a criminal “justice” system if money is involved. The cyclical impacts of poverty and marginalization on communities of color throughout our nation’s history will continuously perpetuate an unequal and unfair criminal system. Section II begins by delving into the history of poverty in the United States. It then analyzes poverty and its impacts today while specifically discussing the effects on communities of color and the intersections with crime. Section III examines the legal issue, exploring our monetized legal system and discussing how we can change our criminal legal …

Artificial Intelligence In The Criminal Justice System: The Ethical Implications Of Lawyers Using Ai, Taylor Brodsky

Hofstra Law Student Works

No abstract provided.

Redefining The Lawyer's Role In Calls For A Dignified Death, Patricia Bober

Hofstra Law Student Works

No abstract provided.

Anything They Say: Will Be Used Against Them, Amanda Bruchhauser

Hofstra Law Student Works

No abstract provided.

The Role Of The Zealous Advocate: Implementing Lgbtqia+-Conscious Ethics In Juvenile Criminal Defense To Combat The School-To-Prison Pipeline, Mia Tyminski

Hofstra Law Student Works

The criminal legal system is no stranger to the concept of race-conscious ethics.² However, discussions surrounding other conscious-based ethics in our criminal legal system are scarce. Conscious-based ethics explore the need to understand the hardships a specific group undergoes without blinding oneself to the characteristics of the group. Conscious-based ethics seek out methods that reflect the historical significance and identities of specific groups.

There is a need for LGBTQIA+-conscious practices in the criminal legal system, especially within the juvenile criminal legal system. Youth that identify within the LGBTQIA+ community are more likely to engage with the criminal legal system …

The Ethics Of Guardians Ad Litem In Family Law, Taylor Imbasciani

Hofstra Law Student Works

There is an abundance of vulnerable clients within our legal world that require specialized representation for protection. Throughout history, lawyers typically represented either parental or state rights and interest, failing to provide children with a voice in disputed matters where they are often most helpless. As an awareness for the necessity of child advocacy developed, the courts began appointing guardians ad litem to protect their interests. Guardians ad litem perform vast functions as hybrid attorneys, data collectors and conclusive reporters, which has led to excessive legal and ethical confusion. The lack of guidelines and disparity in jurisdictional precedent has produced …

Letting The Cat Out Of The Bag: How New York's Discovery Reform Removes The Secrecy From The Grand Jury, Amber Kempermann

Hofstra Law Student Works

The grand jury is a historical institution in New York’s criminal justice system, and the discovery reform is long-needed change to that same system. But that change has already affected the system in a way that was not intended. So, what can we do to help? This paper proposes that the answer to that question is to amend the provision that mandates identification and contact information for witnesses that testify in the grand jury. Part II.A of this paper discusses the history of the grand jury system in New York. Part II.B discusses the changes to discovery laws made by …

The Permissible Scope Of Attorney Speech: Constitutional Challenges, The Current Standard, And The Need For Clarity, Sean Sciubba

Hofstra Law Student Works

The paper explores the history of trial publicity rules in the United States. Part II discusses the enactment of the first legal code in this country aimed at limiting attorney speech and then analyzes the influences and constitutional restrains that molded the scope of subsequent rules. Part III discusses the amendments to the Model Rules following the Supreme Court’s decision in Gentile v State Bar of Nevada, which largely resulted in the current version of Model Rules 3.6 and 3.8. Part IV examines the discernible scope of permissible attorney speech under the current Model Rules as well as certain arguments …

Appointing An Independent Prosecutor In Cases Of Police Misconduct: Repairing Trust In The Criminal Justice System, Samantha Levitz

Hofstra Law Student Works

This Paper argues that, in order to avoid the perception of bias, an independent, special prosecutor should be appointed to handle cases of police misconduct. Part II will examine the background and history of the interaction between police officers and the district attorney’s offices. In Part III, this Paper will analyze the main ethical issue involved in the prosecution of police misconduct—conflict of interest—and the impact it has on our system. In Part IV, this Paper will propose removal of cases involving police misconduct from the district attorney’s office, focusing mainly on a solution for New York State, assess the …

Effects Of Immigration Status On The Criminal Process, Gleb Ivanov

Hofstra Law Student Works

In a landmark case, Padilla v. Kentucky, the U.S. Supreme Court held that the Sixth Amendment to the U.S. Constitution required defense counsel to advise clients who plead guilty that conviction may result in deportation. The Court’s rationale was based on the premise that this information was vital to the client’s decision-making process. Even so, the Court declined to explore a more reliable ground for developing a narrower understanding of a client’s immigration status, particularly the potential effect of the status on common criminal prosecutions, for instance, assault or burglary. This paper submits that under current law, immigration status has …

Report: Tying Teacher Evaluation To Student Test Performance In New York State, Anthony Ciaccio, Richard Demaio, Ashley Flynn, Sean Hanssler, Michelle Malone, Steven Mare, George Santiago, Victoria Short

Hofstra Law Student Works

This Report, authored by a small group of third-year law students under the guidance of Professor Robin Charlow, focuses on the controversial issue of tying teacher evaluations to student performance on state assessments, specifically, as this practice has been applied under New York State law. First, we provide a brief history of the federal and state laws that have resulted in the implementation of this practice. We then examine the arguments both for and against using student performance on state assessments as a measure of teacher effectiveness, assess all options for amending or abolishing the practice, and propose one procedural …

Black And Blue Bloods: Protecting Police Officer Families From Domestic Violence, Rafaqat Cheema

Hofstra Law Student Works

Officer-involved domestic violence (OIDV) is a national problem, with police officer families having higher rates of domestic violence than non–police officer families. OIDV is also an underresearched problem with few studies or proposed solutions. Many victims of OIDV do not report their abuse precisely because their abuser is a police officer, whom they fear is in a unique position to protect him/herself from any legal consequences. Often, OIDV complaints are not investigated properly in a nonbiased manner. While a handful of police agencies around the country have developed specific policies and procedures to deal with OIDV, Washington State has enacted …

Adaptation To Climate Change And The Everglades Ecosystem, Frank Piccininni

Hofstra Law Student Works

The Florida Everglades is a vast and dynamic landscape characterized by pulsing flows of water, iconic wildlife, tree islands, and a complex mosaic of floral assemblages. The Everglades ecosystem was referred to as Payhay- okee, or grassy lake, by the Seminole Indians and has been designated as a World Heritage Site, a Ramsar Convention Wetland of International Importance, and a World Biosphere Reserve. Unfortunately, the “grassy lake” has been transformed into a highly managed network of canals and water management structures designed to reclaim the Everglades for agricultural use and settlement. Recognizing the deleterious impact of water management in the …

There’S Still A Chance: Why The Clean Air Act Does Not Preempt State Common Law Despite The Fourth Circuit’S Ruling In North Carolina V. Tva, Thomas J. Alves

Hofstra Law Student Works

Many legal hurdles confront plaintiffs who assert common law public nuisance claims against energy companies in an effort to curtail their production of greenhouse gases (GHG’s). These include standing, political question, the dormant commerce clause, and federal preemption. This paper explores federal preemption of common law public nuisance claims by the Clean Air Act (CAA) and concludes that such common law claims remain viable. The Supreme Court’s ruling in International Paper Co. v. Ouellette, 479 U.S. 481 (1987) (Ouellette), combined with the textual, structural, and schematic similarities between the Clean Water Act (CWA) and the CAA, form the basis for …

An Assessment Of U.S. Responses To Greenwashing And Proposals To Improve Enforcement, Ashley Lorance

Hofstra Law Student Works

Consumers are conscious of their ability to impact the environment through their spending power. As buying “green” has become increasingly mainstream, greenwashing, or the practice of companies disingenuously spinning their products as environmentally friendly, has become a problem. The Federal Trade Commission (FTC), in its Green Guides, takes on the problem of greenwashing. However, its enforcement of violations of the Guides has been minimal. This paper will assess the current U.S. response to greenwashing in general, and specifically, FTC enforcement of the Green Guides. Based on this assessment, the paper will make proposals for the FTC to strengthen enforcement of …

That's Ok, It's Only A Rental: The Business Of Renting Dogs, Rachit Anand

Hofstra Law Student Works

Dogs are an integral part of our society today. While the benefits arising from dog ownership are widely accepted, proper care of a dog is also time consuming and can be expensive. This paper presents the concept of renting dogs as a substitute for permanent dog ownership and specifically details the business practices of Flexpetz, Inc., a for-profit company that provides such a rental service. Given the possibility of negative physical and emotional effects on the dogs that may flow from being involved in a “renting” business, the paper surveys various anti-cruelty and animal welfare laws (Federal, State, and in …

The African Elephant And The United States’ Effect On The Survival Of The Species, Laurel Mcneill

Hofstra Law Student Works

Initially, this paper will explore the major conditions affecting African elephant populations, the deleterious relationship between these animals and humans, and what is necessary to strike a balance for successful coexistence. The focus will then move towards an examination of the federal agencies that the United States charges with carrying out laws specific to the African elephant and the international organizations and treaties the United States is involved with to perpetuate the existence of the species. The analyses below demonstrate the need for different strategies to achieve long-term, effectual solutions to sustain the African elephant and our continued relations with …

Great Ironies Of History: The Peculiar Historic Fable Of Marbury V. Madison, Eric J. Beckerman

Hofstra Law Student Works

On the first day of virtually every course in American Constitutional Law the case of Marbury v. Madison is taught. Students are usually told that this is the case that established what we refer to today as judicial review. They are instructed as to the continuing controversy of how "The Great Chief Justice," John Marshall, created out of thin air the power or the courts to pronounce acts of the other branches of government unconstitutional. A cursory review of the bare facts of the case usually accompanies the legal analysis of the opinion generally followed by extensive commentary and criticism …