Law Commons^™

Front Matter

Hofstra Law Review

No abstract provided.

Daca's Major Questions Exception, Matthew Calabrese

Hofstra Law Review

The Supreme Court has extracted a new role as the gatekeeper of administrative action under the major questions doctrine. Underlying the doctrine is an understanding that agencies cannot act to address policy issues implicating questions of great political and economic significance unless specifically authorized by Congress. However, DACA presents a different question that should be exempted from the major questions doctrine. This is because DACA relies on two levels of executive authority: statutory—under the Immigration and Nationality Act and the Homeland Security Act—and constitutional—under the Take Care Clause. Because, as this Article explains, the two authorities cannot be disentangled, courts …

Controlling Buyer And Seller Power: Reviving Enforcement Of The Robinson-Patman Act, Daniel A. Hanley

Hofstra Law Review

The Robinson-Patman Act (“RPA”) is a federal law enacted in 1936. Congress’s goal in drafting this historic legislation was to protect and promote democracy and individual liberty in the United States by supporting the creation and vitality of small and independent businesses, thereby distributing power and opportunity within the U.S. political economy.This Article provides a robust defense of Congress’s goals and intentions in enacting the RPA as well as a detailed history of how the Act benefited American society when it was vigorously enforced. It concludes with thoughts on how the RPA can be used to revitalize today’s economy, thus …

The Adolescent Mental Health Crisis: A Case Study In Family Court Planning, Andrew Schepard

Hofstra Law Review

The article focuses on addressing the adolescent mental health crisis within the framework of family court planning, particularly in the context of parental separation and divorce. It emphasizes the need for comprehensive planning processes within family courts to integrate Family Dispute Resolution (FDR) as a central strategy for tackling this crisis effectively. It seeks to enhance mental health services for adolescents involved in family court proceedings.

Does The Federal Budget Trump Constitutional Rights, Laura Snyder

Hofstra Law Review

Even though most Americans living outside the United States do not owe U.S. federal income tax, the U.S. nationality-based income tax system nevertheless places considerable burdens on them. In doing so, the system violates Fourteenth Amendment equal protection as well as other constitutional and human rights. The purpose of the system is not to raise revenue. Instead, its purpose is to punish and scapegoat American nationals living outside the United States, for no reason other than the fact that they live outside the United States. This is evidenced by the statements and actions of policymakers as well as by Internal …

Taking Back The Bar: The Need For State Legislation Directed At Addressing The Disparate Impact Of The Bar Exam And Holding The Ncbe Accountable, Alexa Cibellis

Hofstra Law Review

No abstract provided.

The Rule Is A Mess, So It Needs Amendments: Reexamining And Revising The Religious Exemption Of The Copyright Act, Toniann Pasqueralle Sheridan

Hofstra Law Review

No abstract provided.

All Bark, No Bite: How The Lone Star "Junk-Science Writ" Could Reinvigorate Federal Habeas Review, Robert Harry Saylor Iii

Hofstra Law Review

No abstract provided.

Auditing The Auditors: Overregulations Under The Sarbanes-Oxley Act, Sheila Krische

Hofstra Law Review

The article analyzes the constitutional authority of the SEC (U.S. Securities and Exchange Commission) and PCAOB (Public Company Accounting Oversight Board) to regulate auditors' examination practices, amidst recent scandals involving major auditing firms. It questions their statutory mandate and explores the balance between self-regulation and government oversight in the accounting profession.

Purple Or Pink: Time To Rethink The Availability Of Promethazine With Codeine, Deepa J. Shiwcharan

Hofstra Law Review

The article focuses on the availability of promethazine with codeine (CPHCS) without a prescription and its implications for misuse, particularly in the context of recreational drug use known as "pharming." It explores the prevalence of pharming, the legal status of CPHCS, and the associated risks and challenges.

Front Matter

Hofstra Law Review

No abstract provided.

Reimagining Lawyering: Supporting Well-Being And Liberation, Susan L. Brooks

Hofstra Law Review

Given the tremendous turmoil we continue to experience throughout the globe, the present moment calls on us as legal educators to reimagine how we teach and practice law to incorporate more heart-centered, purpose-driven, and embodied sources of wisdom. Our approach needs to center relationships and respect for the dignity of all human beings in mindful and wholehearted ways.

Taking A Mulligan On Golfer Liability For Damages To Adjacent People And Property: Why Existing Standards Are Too Defendant-Friendly, Michael Conklin, Andrew Tiger

Hofstra Law Review

This Article is the first of its kind to argue for a more expansive interpretation of golfer liability for damages caused to people and property adjacent to a golf course. To arrive at this conclusion, the latest in golf course computer modeling is applied to a recent $5 million jury verdict to demonstrate the considerable frequency of errant golf shots.

The A.I. Intellectual Property Office Of The Future: A Proposal To Grant Authorship And Inventorship Rights To A.I., Ally E. Kaden

Hofstra Law Review

The article focuses on addressing the challenges and opportunities presented by the advancement of artificial intelligence (A.I.) technology within the context of intellectual property laws in the U.S. It argues for the inclusion of A.I. as authors and inventors within copyright and patent laws, advocating for legal recognition and protection of A.I.-generated creative works and innovations.

Bridging The Gap Between International Investment Law And Human Rights, Amin R. Yacoub

Hofstra Law Review

The misapplication of vague international investment standards such as the Full Protection and Security has worsened the legitimacy crisis facing the Investor-State-Dispute-Settlement field. Such misapplication emanates from the fragmentation of international law in the investment arbitration field, the absence of stare decisis, and the lack of a unified interpretive methodology connecting relevant subfields of international law in investment arbitration.

Veto The Black-Box Politics: How Implementing Blockchain Technology Into The United States Voting System Will Give Our World The Transparency We Deserve, John J. Healy

Hofstra Law Review

The article focuses on the legal standards regarding golfer liability for damages to adjacent people and property caused by errant golf shots. It critiques existing defendant-friendly standards and proposes a strict-liability standard, arguing that it would be more appropriate given the potential dangers posed by golf. It discusses various jurisdictional approaches to golfer liability, highlighting inconsistencies and shortcomings in the current legal framework.

Hofstra Law Review

No abstract provided.

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.

How Law Schools Can Fight For Fearless Speech, Mary Anne Franks

Hofstra Law Review

The article explores the current challenges to free speech in educational institutions, particularly in the context of right-wing extremism and government censorship. It argues that law schools can play a crucial role in defending and promoting fearless speech by fostering open debate, challenging power dynamics, and creating processes for inclusive decision-making.

Comment, Francesca Procaccini

Hofstra Law Review

The article discusses the state of freedom of expression in American law schools and argues for a shift in perspective. The author suggests that the problem is not necessarily speech suppression, but rather speech timidity among students.It mentions that by training students in courageous speech, exposing them to controversial ideas, creating safer classroom environments, and recognizing that freedom of expression is connected to mental health.

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.

Do You Even Know Me?: A.I. And It's Discriminatory Effects In The Hiring Process, Gianfranco Regina

Hofstra Law Review

The article focuses on the use of Artificial Intelligence (A.I.) in the hiring process and its potential discriminatory effects. It discusses the increasing use of A.I. in hiring, its potential for bias and discrimination, and the historical context of Title VII of the Civil Rights Act and disparate impact claims. It also suggests updating the Uniform Guidelines on Employee Selection Procedures (UGESP) to address discrimination in A.I. hiring processes.

Comment, Genevieve Lakier

Hofstra Law Review

The article explores the challenges law schools face in addressing speech norms and the increasing polarization of national politics and culture. It argues that the disagreements over speech norms are part of broader political transformations and should be seen as an inevitable aspect of societal change. The article suggests the need for law schools to navigate these issues by considering the political and pedagogical dimensions, and addressing the distribution of resources and opportunities.

The Next Gerneration Professional: An Opportunity To Reframe Legal Education To Center Student Wellness, Benjamin Afton Cavanaugh

Hofstra Law Review

The article discusses the challenges of mental wellness and mental health in legal education, particularly in law schools. It highlights issues like depression, anxiety, and stress among students and legal professionals. It emphasizes the need for reform in legal education to address these mental health concerns and advocates for a more comprehensive approach to promote well-being in the field.

Front Matter

Hofstra Law Review

No abstract provided.

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 On Free Speech In Law Schools, Erwin Chemerinsky

Hofstra Law Review

The article discusses the need for a new solution to address the issue of unruly property owners in common interest communities, such as condominiums and homeowners associations (HOAs). It mentiosns that the boards of these communities lack the ability to evict disruptive owners, which negatively impacts the quality of life for other residents. It mentions that the proposed solution is to introduce a bylaw that allows the board to evict property owners whose behavior disturbs the community.

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.

What A Board Wants, What A Board Needs: A New Way To Evict A Property Owner For Bad Behavior In Common Interest Communities, Amanda Ricci

Hofstra Law Review

The article discusses the issue of dealing with unruly residents in common interest communities such as condominiums and homeowners associations (HOAs). It highlights the lack of legal remedies available to boards of these communities to evict disruptive property owners. The article proposes the implementation of a bylaw that would grant boards the ability to evict residents who consistently disturb the peaceful enjoyment of others' homes, thus protecting the community as a whole.

Front Matter

Hofstra Law Review

No abstract provided.