Law Commons^™

Books Received

Hofstra Law Review

Brief book reviews of:

BEFORE THE LAW: AN INTRODUCTION TO THE LEGAL PROCESS. By John J. Bonsignore, Ethan Katsh, Peter d'Errico, Ronald M. Pipkin and Stephen Arons. Boston: Houghton Mifflin Company, 1974. Pp. xii, 388.

CONSUMER PROTECTION EXPERIMENTS IN SWEDEN. By Donald B. King. South Hackensack, New Jersey: Fred B. Rothman and Company, 1974. Pp. iv, 116.

DISORDER IN THE COURT: REPORT OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, SPECIAL COMMITTEE ON COURTROOM CONDUCT. By Norman Dorsen and Leon Friedman. New York: Pantheon Books, 1973.

DRUG ABUSE: PSYCHOLOGY, SOCIOLOGY, PHARMACOLOGY. Edited by Brent Q. Hafen. …

The New York City Fire Department Under The New York City Collective Bargaining Law, Eric J. Schmertz

Hofstra Law Review

No abstract provided.

Procedures For Management Of Non-Routine Cases, Dennis A. Kendig

Hofstra Law Review

No abstract provided.

The Home Office Deduction: Administrative Complexity Versus Taxpayer Equity, Michael H. Berns

Hofstra Law Review

The employee home office expense deduction of today bears only a slight resemblance to its ancestor of a few years ago. Repeated litigation has modified and revised the nature of the deduction at such a rapid pace that even the Internal Revenue Service's attempted solidification of the home office deduction was destined to enjoy a relatively short life before suffering the erosive effects of litigation. In 1973, as a part of this ongoing process of refinement, the Tax Court in Stephen A. Bodzin and George W. Gino made dramatic changes in the standards used to allow the home office deduction. …

J.P. Stevens & Co. V. Rytex Corp., Robert L. Douglas

Hofstra Law Review

J.P. Stevens & Co. v. Rytex Corp. provided the New York Court of Appeals with an excellent opportunity to resolve the vexing problem caused by an arbitrator's duty to disclose information likely to create an impression of bias. Unfortunately, rather than formulate a logical rubric for deciding future cases, the court made inconsistent statements which will only nurture the confusion and uncertainty that has already characterized this issue.

Admissions And Discipline Of Attorneys In Federal District Courts: A Study And Proposed Rules, Burton C. Agata

Hofstra Law Review

This report is conceived with the need (or lack thereof) for more uniform admission requirements and disciplinary processes in the federal courts. Basically, it surveys the background and literature and considers the issues and proposals relating to bar admissions and discipline in the federal courts. It also contains a Study Draft of Rules Governing Admissions and Discipline in Federal District Courts (Appendix A). The Study Draft proposals are designed to assure that there are rules explicitly governing the material issues considered in the report. At the same time, the Study Draft would leave to the local courts sufficient flexibility to …

Veterinary Practice Acts: A Call For Reform, Donald L. Sapir

Hofstra Law Review

No abstract provided.

Spier V. Barker, Alan D. Reitzfeld

Hofstra Law Review

No abstract provided.

Mortgage On America. By Leonard Downie, Jr., S. William Green

Hofstra Law Review

The basic thesis of this book is that real estate speculation is the cause of both urban blight and of suburban sprawl.

The book is an interesting one, but unfortunately it is flawed. It suffers from Downie's constant use of the pejorative as a substitute for logical analysis: after all, one man's "speculator" or "promoter" is another man's "entrepreneur." More important, the book suffers from Downie's casual assumption that because his theory explains some cases, it therefore explains all cases.

Judges. By Donald Dale Jackson, The Honorable Jacob Mishler

Hofstra Law Review

No abstract provided.

Equal Protection Or Equal Denial: Is It Time For Racial Minorities, The Poor, Women, And Other Opressed People To Regroup?, Inez Smith Reid

Hofstra Law Review

The suspect classification approach as it pertains to women, racial minorities, and the poor will be analyzed first in order to determine what gains, if any, have been achieved and lost via this route. Then the utility of an equal protection-fundamental rights approach which may accent more concerns common to women, minorities, the poor, and other oppressed peoples will be examined. Finally, the value of a "sliding-scale" route to equal protection issues as a route which might permit the oppressed to present a more reasoned equal protection package to the Court, and simultaneously make it more uncomfortable for the Supreme …

Bellis V. United States, John F. Molinari, Garry Richard Seligson

Hofstra Law Review

The Supreme Court has recently ruled that a three-person partnership does not have a fifth amendment privilege with respect to its business records. It would appear from the Court's reasoning that regardless of how small the partnership, individual partners can no longer refuse to produce partnership records which tend to incriminate them, thus leaving the single proprietorship as the only remaining protected business entity. This article will focus on the historical roots of the fifth amendment privilege as it relates to the documents of organized entities and will analyze the reasons for the steady erosion of the privilege which culiminated …

The Offense Of Driving While Intoxicated: The Development Of Statutory And Case Law In New York, Josephine Y. King, Mark Tipperman

Hofstra Law Review

No abstract provided.

Douglaston Civic Association, Inc. V. Galvin, Joel H. Joseph

Hofstra Law Review

No abstract provided.

Limitations On The Right To Introduce Evidence Pertaining To The Prior Sexual History Of The Complaining Witness In Cases Of Forcible Rape: Reflection Of Reality Or Denial Of Due Process?, Frederick Eisenbud

Hofstra Law Review

Not all trials for rape involve the issue of consent. In statutory rape cases, for example, the offense is the mere act of intercourse with a woman who is below a specified age, regardless of her consent. This article is limited to the law as it applies to forcible rape, i.e., the act of intercourse with a woman against her will. Two issues will be discussed. The first is whether the prior sexual history of a woman as it relates to people other than the defendant is relevant evidence from which an inference may be drawn as to whether she …

Prosecutorial Discretion At The Complaint Bureau Level, Gary Rotenberg

Hofstra Law Review

Virtually every public prosecutor or district attorney in the United States has wide-ranging discretion in the investigation and prosecution of criminal offenses. The subject office of this article, the New York County District Attorney's Office, is little different in this regard.

This comment will explore the philosophical and legal bases for prosecutorial discretion. It will focus on the actual operation of the New York County District Attorney's Office with regard to the exercise of discretion, and on suggestions for reform. The discussion will concentrate neither on the various equal protection arguments made against the abuses of discretion, nor on the …

People V. Selikoff, Alan E. Wolin

Hofstra Law Review

No abstract provided.

Privacy Legislation: Protection Of Individual Liberties Or Threat To A Free Press?, Faith Wender

Hofstra Law Review

No abstract provided.

The Business Judgment Rule And The Declaration Of Corporate Dividends: A Reappraisal, David Michael Israel

Hofstra Law Review

No abstract provided.

Karl Llewellyn And The Realist Movement. By William Twining; Roscoe Pound: Philosopher Of Law. By David Wigdor., Samuel J.M. Donnelly

Hofstra Law Review

No abstract provided.

People V. Sandoval, Robert M. Abrahams

Hofstra Law Review

Due to a recent ruling by the New York Court of Appeals in People v. Sandoval, an ex-offender facing criminal charges has a better chance of receiving a fair trial. The court established a firm policy of encouraging pre-trial hearings to limit the prosecution's freedom to impeach a defendant's credibility through crossexamination concerning his "prior specific criminal, vicious or immoral acts." Additionally, the court established a frame of reference within which trial courts should exercise discretion in determining what evidence of misbehavior should be admitted for the sake of impeaching credibility. A defendant's decision to testify or not is …

The Ghost Of Sears-Compco Is Finally Laid To Rest (Or Is It?), Joseph P. Zammit

Hofstra Law Review

Last term the Supreme Court ended nearly ten years of speculation concerning the potential impact on state trade secret law of its companion decisions in Sears, Roebuck & Co. v. Stiffel Co. and Compco Corp. v. Day-Brite Lighting, Inc. Those cases seemed to raise the possibility that any state law protection for scientific or technical ideas might be invalid as inconsistent with the patent system enacted by Congress.

Geduldig V. Aiello, John D. Nagy

Hofstra Law Review

The ramifications of the Court's reasoning in Geduldig v. Aiello are clear upon an equally cursory analysis. Taken literally, the decision means that classification or discrimination based on pregnancy is not sex discrimination. Since such discrimination is not sex discrimination, an aggrieved woman cannot even raise a Title VII claim since the applicable statute deals with "sex" discrimination, not "pregnancy" discrimination. One court has already so held. But it is questionable whether the Aiello decision must be taken so literally as to deny Title VII relief to women discriminated against because they are pregnant. This note will examine Aiello's assumption …

Books Received

Hofstra Law Review

Brief book reviews of:

BASIC CORPORATE TAXATION. By Douglas A. Kahn. Ann Arbor, Michigan: The Institute of Continuing Legal Education, 1973. Pp. xxii, 513.

CREDIT UNIONS. Edited by Stephen S. Feldman. Hempstead: Hofstra University Yearbook of Business, 1974. Pp. xi, 489.

THE DEVELOPMENT OF RURAL AMERICA. Edited by George Brinkman. Lawrence, Kansas: The University of Kansas Press, 1974. Pp. x, 140.

JUSTICES AND PRESIDENTS. By Henry J. Abraham. New York: Oxford University Press, 1974. Pp. ix, 310.

THE LAW OF THE SEA OF THE ARCTIC WITH SPECIAL REFERENCE TO CANADA. By Donat Pharand. Ottawa: The University of Ottawa Press, 1973. …

Proposed State Euthanasia Statutes: A Philosophical And Legal Analysis, Erik Kapner

Hofstra Law Review

In recent years medical science has improved its ability to prolong life through sophisticated life support systems while as yet it has been unable to reverse the progress of fatal disease or the ravages of total physical injury. We have seen an increasing number of patients incurably ill, yet not allowed to die. This has resulted in a renewed interest in euthanasia as a remedy. This comment will examine the philosophical and legal underpinnings of euthanasia legislation; and further, it will analyze three specific pieces of legislation to determine how they deal with the major concerns of both the opponents …

Linden Lumber Division, Summer & Co. V. Nlrb, Robert L. Douglas

Hofstra Law Review

No abstract provided.

From Plato's Preconceptions To Dewey's Instrumentalism: The Philosophical Bases Of Legal Empiricism, Thomas P. Dugan

Hofstra Law Review

It is perhaps a truism to state that philosophy has been a catalyst of legal development, but the relation between the two evades precise conceptualization. The relationship becomes more understandable, however, if the legal task is viewed as a microcosm of the total human endeavor, in terms of its goals and methodology. The initial proposition of this paper is that as philosophical developments modify the theoretical construct of human existence, a correlative change occurs within the law.

Milliken V. Bradley, James R. Freeswick

Hofstra Law Review

Over strongly worded dissents, a bare majority of the Supreme Court in Milliken v. Bradley rendered the most historic school desegregation decision since Brown v. Board of Education. The Court in Milliken was faced with a Michigan district court decision, affirmed by the Sixth Circuit Court of Appeals, holding that: (1) the Detroit public school system was in a state of de jure segregation and (2) the only effective remedy was a metropolitan desegregation plan encompassing the predominantly black Detroit system and fifty-three predominantly white suburban school districts surrounding the city. Although the Supreme Court unanimously upheld the lower courts' …

Weinberger V. Wiesenfeld, Brian M. Asserson

Hofstra Law Review

No abstract provided.

An Attorney's View: Calendar Practice-What A Waste, Neil T. Shayne

Hofstra Law Review

No abstract provided.