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Full-Text Articles in Law
Homeless, Hungry, And Targeted: A Look At The Validity Of Food-Sharing Restrictions In The United States, Samantha Holloway
Homeless, Hungry, And Targeted: A Look At The Validity Of Food-Sharing Restrictions In The United States, Samantha Holloway
Hofstra Law Review
No abstract provided.
Exemplary And Exceptional Confusion Under The Federal Rules Of Evidence, Dora W. Klein
Exemplary And Exceptional Confusion Under The Federal Rules Of Evidence, Dora W. Klein
Hofstra Law Review
No abstract provided.
The Religious Liberty Jurisprudence Of Justice Antonin Scalia, Ronald J. Colombo
The Religious Liberty Jurisprudence Of Justice Antonin Scalia, Ronald J. Colombo
Hofstra Law Review
No abstract provided.
Reflections Upon The Jurisprudence Of Justice Antonin Scalia: Selections From Securities Law, Arbitration, And Administrative Law, Anthony Michael Sabino
Reflections Upon The Jurisprudence Of Justice Antonin Scalia: Selections From Securities Law, Arbitration, And Administrative Law, Anthony Michael Sabino
Hofstra Law Review
No abstract provided.
Revisiting The Rationality Assumption Of Disclosure Laws: An Empirical Analysis, Uri Benoliel, Jenny Buchan, Tony Gutentag
Revisiting The Rationality Assumption Of Disclosure Laws: An Empirical Analysis, Uri Benoliel, Jenny Buchan, Tony Gutentag
Hofstra Law Review
Disclosure laws are based on one central assumption: that disclosees are, by their very nature, rational actors. This article questions the validity of this theoretical assumption. The article empirically shows that franchisees, who are considered sophisticated disclosees, are unrealistically optimistic about disclosed risks. In this empirical study, franchisees (N = 205) completed an online research questionnaire, in which they compared their own chances of experiencing disclosed risks with the chances of their colleagues. It was found that franchisees were optimistically biased. Franchisees believed that the chances that their franchisor might opportunistically terminate their franchise are significantly lower than that of …
The English Legacy Of The Second Amendment - History And Myth, Allen R. Kamp
The English Legacy Of The Second Amendment - History And Myth, Allen R. Kamp
Hofstra Law Review
According to the majority opinion of Justice Scalia in District of Columbia v. Heller, pre-Second Amendment adoption English history informs the Amendment’s meaning. The majority opinion discusses the historical background after analyzing the language of the Amendment: “Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right.”
My …
Federalism And Constitutional Criminal Law, Brenner M. Fissell
Federalism And Constitutional Criminal Law, Brenner M. Fissell
Hofstra Law Review
A vast body of constitutional law regulates the way that police investigate crimes and the way that criminal cases are handled at trial. The Supreme Court has imposed far fewer rules regarding what can be a crime in the first place, how it must be defined, and how much it can be punished. What explains this one-sided favoring of “procedure” over “substance?” This Article aims to unearth and assess the justification that the Court itself most often uses when it refuses to place constitutional limits on substantive criminal law: federalism. While the Court often invokes the concept to rationalize its …
The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port
The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port
Hofstra Law Review
After nearly 20 years of effectiveness, the Federal Trademark Dilution Act (FTDA) remains as controversial as ever. What the 20 years of jurisprudence has taught us is that academics have been right all along. Dilution is either unconstitutional, inappropriate, or simply misguided legislation. This article calls for its repeal. A thorough literature review shows that most academics oppose dilution. A study of all trademark litigation demonstrates that the cause of action of pure dilution never appears in reported cases anymore. The existence of the FTDA gives trademark holders the perverse incentive to claim that all marks are famous as “fame” …
Deciding Not To Decide: Federal Courts' Discretion To Decline Review And Miller V. City Of Wickliffe, Tommy Tobin
Deciding Not To Decide: Federal Courts' Discretion To Decline Review And Miller V. City Of Wickliffe, Tommy Tobin
Hofstra Law Review
No abstract provided.
Dangerous Intersection: Protecting People With Mental Disabilities From Police Brutality During Arrests Using The Americans With Disabilities Act, Taylor Pugliese
Dangerous Intersection: Protecting People With Mental Disabilities From Police Brutality During Arrests Using The Americans With Disabilities Act, Taylor Pugliese
Hofstra Law Review
No abstract provided.
Legal Barriers And Disincentives To Self-Sufficient Disaster Preparation In The United States, Haley Palfreyman Jankowski
Legal Barriers And Disincentives To Self-Sufficient Disaster Preparation In The United States, Haley Palfreyman Jankowski
Hofstra Law Review
In the wake of Hurricane Harvey and a slew of other natural disasters affecting the United States, all Americans cannot help thinking about effective damage control for current and future disasters. I grew up in Houston, Texas where we went through countless hurricanes, torrential rainstorms, and the resulting power outages, and after surviving each one, we inevitably thought: What can we do to prepare better for the next one? Preparing to be self-sufficient in the aftermath of a life-changing disaster should be a top priority not just for individuals but for the government as well. After all, the more prepared …
Remarks On The Passing Of Professor Alan N. Resnick, Brad Eric Scheler
Remarks On The Passing Of Professor Alan N. Resnick, Brad Eric Scheler
Hofstra Law Review
No abstract provided.
The Foreign Corrupt Practices Act: Set Aside The Moral And Ethical Debates, How Does One Operate Within This Law, Kevin J. Smith
The Foreign Corrupt Practices Act: Set Aside The Moral And Ethical Debates, How Does One Operate Within This Law, Kevin J. Smith
Hofstra Law Review
No abstract provided.
Hofstra Law School Memorial Service For Professor Alan N. Resnick: November 17, 2016, Eric Lane
Hofstra Law School Memorial Service For Professor Alan N. Resnick: November 17, 2016, Eric Lane
Hofstra Law Review
No abstract provided.
Hofstra Law School Memorial Service For Professor Alan N. Resnick: November 17, 2016, Louis A. Scarcella
Hofstra Law School Memorial Service For Professor Alan N. Resnick: November 17, 2016, Louis A. Scarcella
Hofstra Law Review
No abstract provided.
Distinguished Scholar In Residence Lecture: A User's Guide To Progressive Federalism, Heather K. Gerken
Distinguished Scholar In Residence Lecture: A User's Guide To Progressive Federalism, Heather K. Gerken
Hofstra Law Review
No abstract provided.
The Prisonization Of America's Public Schools, Maryam Ahranjani
The Prisonization Of America's Public Schools, Maryam Ahranjani
Hofstra Law Review
Over the past generation, episodes of mass school violence in American public schools have led to the “prisonization” of schools. The problems associated with prisonization practices have been identified and well-documented in the legal literature over the past few years, and they include the school-to-prison pipeline, as well as the over-policing of vulnerable populations like students with disabilities and African-American and Latino children. This piece seeks to contribute to existing literature in two ways. While national attention has turned to the lack of rigorous research on the effectiveness of prisonization practices, and studies are underway to identify whether prisonization practices …
Lessons From Thirty Years Ago, Patti B. Saris, Charles R. Breyer, William H. Pryor Jr., Dabney L. Friedrich, Rachel E. Barkow
Lessons From Thirty Years Ago, Patti B. Saris, Charles R. Breyer, William H. Pryor Jr., Dabney L. Friedrich, Rachel E. Barkow
Hofstra Law Review
No abstract provided.
Do Amendments To The Fair Labor Standards Act As Applied To Puerto Rico Implicitly Encourage Employers To Benefit At The Expense Of Young Workers, Jeruska Lugo-Sanchez
Do Amendments To The Fair Labor Standards Act As Applied To Puerto Rico Implicitly Encourage Employers To Benefit At The Expense Of Young Workers, Jeruska Lugo-Sanchez
Hofstra Law Review
No abstract provided.
Cyberbullying Beyond The School-Gate: Does Every Student Deserve A National Standard Of Protection, Carolyn Mcnamara
Cyberbullying Beyond The School-Gate: Does Every Student Deserve A National Standard Of Protection, Carolyn Mcnamara
Hofstra Law Review
No abstract provided.
The History Of The Original United States Sentencing Commission, 1985-1987, Brent E. Newton, Dawinder S. Sidhu
The History Of The Original United States Sentencing Commission, 1985-1987, Brent E. Newton, Dawinder S. Sidhu
Hofstra Law Review
An eighteen-month period from the fall of 1985 to the spring of 1987 witnessed the most significant change to the federal criminal justice system in American history. In those eighteen months, the United States Sentencing Commission, a new and novel independent agency in the federal judicial branch, developed sentencing guidelines for all federal judges during the same period when Congress was enacting new mandatory minimum statutory penalties that dramatically increased existing penalties for drug trafficking and firearms offenses. This Article describes this founding era of structured federal sentencing, beginning with the Commission’s first meeting and ending with the transmittal of …
With Great Power Comes Great Responsibility: Imposing A "Duty To Take Down" Terrorist Incitement On Social Media, Michelle Roter
With Great Power Comes Great Responsibility: Imposing A "Duty To Take Down" Terrorist Incitement On Social Media, Michelle Roter
Hofstra Law Review
No abstract provided.
Hofstra Law School Memorial Service For Professor Alan N. Resnick: November 17, 2016, Brian M. Resnick
Hofstra Law School Memorial Service For Professor Alan N. Resnick: November 17, 2016, Brian M. Resnick
Hofstra Law Review
No abstract provided.
"Stark" Raving Mad: Making The Self-Referral Disclosure Protocol Better, Faster, Stronger, Sean Hanssler
"Stark" Raving Mad: Making The Self-Referral Disclosure Protocol Better, Faster, Stronger, Sean Hanssler
Hofstra Law Review
No abstract provided.
Criminal Minds: The Need To Refine The Application Of The Doctrine Of Objective Chances As A Justification For Introducing Uncharged Misconduct Evidence To Prove Intent, Edward J. Imwinkelried
Criminal Minds: The Need To Refine The Application Of The Doctrine Of Objective Chances As A Justification For Introducing Uncharged Misconduct Evidence To Prove Intent, Edward J. Imwinkelried
Hofstra Law Review
No abstract provided.
How Can You Defend Those People, Dean A. Strang
How Can You Defend Those People, Dean A. Strang
Hofstra Law Review
No abstract provided.