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Articles 1 - 30 of 166
Full-Text Articles in Law
Faith In Title Vii: It’S A Matter Of Belief, Anna E. Reed
Faith In Title Vii: It’S A Matter Of Belief, Anna E. Reed
Louisiana Law Review
The article examines the challenges inherent in the protection of religious beliefs pursuant to Title VII of the Civil Rights Act of 1964 in the court cases U.S. Employment Commission v. Consol Energy and McCrory v. Rapides Regional Medical Center and explains the benefits of a proper sincerity analysis to the court, employers and employees.
A Prelude To Jenkins V. Ncaa: Amateurism, Antitrust Law, And The Role Of Consumer Demand In A Proper Rule Of Reason Analysis, Marc Edelman
A Prelude To Jenkins V. Ncaa: Amateurism, Antitrust Law, And The Role Of Consumer Demand In A Proper Rule Of Reason Analysis, Marc Edelman
Louisiana Law Review
The article focuses on prelude to the litigation in Jenkins v. National Collegiate Athletic Association (NCAA) and the underlying antitrust challenges to the NCAA rules in the case O'Bannon v. National Collegiate Athletic Association on the issue of consumer demand.
Solidarity In Overlapping Insurance Coverage: Rethinking Hoefly, Alex Robertson
Solidarity In Overlapping Insurance Coverage: Rethinking Hoefly, Alex Robertson
Louisiana Law Review
The article focuses on the Louisiana Civil Code on solidarity and its interpretation of solidarity arising from the law and its application in the insurance and discusses Hoefly v. Government Employees Insurance Company court case on same.
The Right To Redemption: Juvenile Dispositions And Sentences, Katherine Hunt Federle
The Right To Redemption: Juvenile Dispositions And Sentences, Katherine Hunt Federle
Louisiana Law Review
The article examines the laws concerning juvenile dispositions and sentences responsible for accountability, victim restoration, and retribution in the U.S. It reports that the U.S. Supreme Court has issued a number of opinions emphasizing that the U.S. Constitution's Eighth Amendment requires that the punishment of children must account for their lesser moral culpability, developmental immaturity, and potential for rehabilitation.
University Ip: The University As Coordinator Of The Team Production Process, Samuel Estreicher, Kristina A. Yost
University Ip: The University As Coordinator Of The Team Production Process, Samuel Estreicher, Kristina A. Yost
Indiana Law Journal
This Article focuses on intellectual property (IP) issues in the university setting. Often, universities require faculty who have been hired in whole or in part to invent to assign inventions created within the scope of their employment to the university. In addition, the most effective way to secure compliance with the Bayh-Dole Act, which deals with ownership of inventions involving federally funded research, is for the university to take title to such inventions. Failure to specify who has title can result in title passing to the government. Once the university asserts ownership, it then decides whether to process a patent …
Silencing Grand Jury Witnesses, R. Michael Cassidy
Silencing Grand Jury Witnesses, R. Michael Cassidy
Indiana Law Journal
This Article addresses one crucial aspect of the ongoing debate about grand jury transparency. Assuming that well over half the states and the federal government continue to employ the grand jury to investigate felony offenses, and assuming that these proceedings continue to be shielded from public view, should witnesses themselves be allowed to discuss their testimony with the press or with each other? This larger question raises two narrow but very important subsidiary issues. First, does a prosecutor who conditions a written proffer or cooperation agreement with a grand jury witness on the witness’s promise not to inform other targets, …
The Lost Ones Of The Interstate Compact Of The Placement Of Children, C. Nneka Nzekwu
The Lost Ones Of The Interstate Compact Of The Placement Of Children, C. Nneka Nzekwu
Hofstra Law Review
The article discusses the author's contention that the Interstate Compact for the Placement of Children (ICPC) agreement infringes upon America's best interest of the child legal standard, and it mentions a call for modifications to the ICPC statute and regulations to protect children. According to the article, the ICPC has been adopted in every American state and monitors the out-of-state placements of children in the foster care system. The legal rights of familial relatives are examined.
Expunging Statelessness From Terrorist Expatriation Statutes, Annam Farooq
Expunging Statelessness From Terrorist Expatriation Statutes, Annam Farooq
Hofstra Law Review
The article discusses international human rights laws in relation to the author's claim that any legislation that is proposed and enacted to prosecute a global War on Terror should not cause statelessness. Concerns about national security and terrorism in places such as the U.S. and Great Britain are examined, along with the Islamic State of Iraq and Syria (ISIS) terror organization. Stateless persons and terrorist expatriation statutes in the U.S. and Great Britain are assessed.
Equity's Leaded Fleet In A Contest Of Scoundrels: The Assertion Of The In Pari Delicto Defense Against A Lawbreaking Plaintiff And Innocent Successors, Brian A. Blum
Hofstra Law Review
A defendant sued by a plaintiff whose cause of action is based on or arises from the plaintiff’s illegal conduct may assert the affirmative defense that the illegality of the plaintiff’s action bars the suit. The defense is expressed in the maxim, in pari delicto potior est conditio defendentis (where the parties are in equal guilt the position of the defendant is the stronger). The essential purpose of the in pari delicto rule is to prevent a lawbreaking plaintiff from enforcing rights or otherwise obtaining a remedy arising from her violation of the law. The maxim indicates that the defense …
Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord
Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord
Hofstra Law Review
No abstract provided.
Childhood Trauma And Special Education: Why The "Idea" Is Failing Today's Impacted Youth, Felicia Winder
Childhood Trauma And Special Education: Why The "Idea" Is Failing Today's Impacted Youth, Felicia Winder
Hofstra Law Review
No abstract provided.
Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore
Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore
Indiana Law Journal
On October 28, 2009, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA) was signed into law by President Barack Obama. Two years later, between September and November of 2011, members of a Bergholz, Ohio, Amish community allegedly carried out five attacks in which they forcibly restrained, and cut the hair and beards of, members of other Amish communities. In September of 2012, a jury rendered a verdict in United States v. Mullet and found sixteen members of the Bergholz community—including Samuel Mullet, bishop of the community—guilty of HCPA violations. These were the first convictions for religion-based …
Breaking The Ice: How Plaintiffs May Establish Premises Liability In "Black Ice" Cases Where The Dangerous Condition Is By Definition Not Visible Or Apparent To Property Owners, Hon. Mark C. Dillon
Breaking The Ice: How Plaintiffs May Establish Premises Liability In "Black Ice" Cases Where The Dangerous Condition Is By Definition Not Visible Or Apparent To Property Owners, Hon. Mark C. Dillon
Hofstra Law Review
The article presents practical advice regarding how plaintiffs in the U.S. may establish premises liability in lawsuits which deal with accidents caused by invisible and unseen ice (black ice). Legal liability is mentioned, along with the legal aspects of dangerous conditions that are not visible or apparent to property owners in places such as New York. Common law distinctions involving trespassers, licensees, and invitees are examined, along with a constructive notice doctrine.
Don't Blame The Bully: Holding Preschools Accountable For Bullying Against Students With Disabilities, Rachel Summer
Don't Blame The Bully: Holding Preschools Accountable For Bullying Against Students With Disabilities, Rachel Summer
Hofstra Law Review
The article discusses a proposal to hold preschools legally accountable for bullying that is directed at students with disabilities in America as of 2015, and it mentions discrimination under Section 504 of the U.S. Rehabilitation Act of 1973, as well as the legal aspects of peer-on-peer harassment and students' rights in the country. U.S. federal legislation and the creation of a deliberate indifference standard are examined, along with several education law-related legal cases in America.
A Study Of The Efficacy Of The Sexually Violent Predator Act In Florida, Daniel Montaldi
A Study Of The Efficacy Of The Sexually Violent Predator Act In Florida, Daniel Montaldi
William Mitchell Law Review
No abstract provided.
Keeping Your Personal Information Personal: Trouble For The Modern Consumer, Eugene E. Hutchinson
Keeping Your Personal Information Personal: Trouble For The Modern Consumer, Eugene E. Hutchinson
Hofstra Law Review
The article discusses U.S. consumer protection laws in relation to the efforts to keep personally identifiable information private as of 2015, and it mentions consumer privacy breaches, as well as the legal aspects of the data collection and selling practices of various companies and data brokers. The harm that is caused by the unauthorized collection and dissemination of personal data is examined, as well as opt-out consent and proposed legislation to protect consumers.
"Can I Take The Normal One?" Unrelated Commerical Surrogacy And Child Abandonment, Brianne Richards
"Can I Take The Normal One?" Unrelated Commerical Surrogacy And Child Abandonment, Brianne Richards
Hofstra Law Review
No abstract provided.
Dilemmas Of Shared Parenting In The 21st Century: How Law And Culture Shape Child Custody, J. Herbie Difonzo
Dilemmas Of Shared Parenting In The 21st Century: How Law And Culture Shape Child Custody, J. Herbie Difonzo
Hofstra Law Review
The article discusses what the author refers to as the dilemmas associated with shared parenting in the twenty-first century, and it mentions the ways in which law and culture impact child custody in America. U.S. common law and the legal relationships between fathers and children are addressed, along with property rights and the parens patriae legal doctrine. The legal rights of mothers are examined, along with U.S. courts and legal history during the eighteenth and nineteenthcenturies.
The Cyber Civil War, Eldar Haber
The Cyber Civil War, Eldar Haber
Hofstra Law Review
Public and private actors engage in cyber warfare. In the private field, the role of individuals is rather limited: Individuals are usually either hackers or targets of cyber crimes. This paradigm could change soon, as individuals might now face a new threat: Information. In 2014, a group of hackers launched a cyber attack on Sony Pictures Entertainment, and released, inter alia, personally identifiable information on their employees, including email correspondence and information about executive salaries. This incident revealed a terrifying new reality: Cyber attacks could result in a revelation of our entire personal information held by third parties. Emails, search …
An Edifice Of Misshapen Stones: Interpreting Federal Rule Of Evidence 404(A), David Crump
An Edifice Of Misshapen Stones: Interpreting Federal Rule Of Evidence 404(A), David Crump
Hofstra Law Review
The article discusses several concerns regarding interpretations of the U.S. Federal Rules of Evidence as of 2015, and it mentions America's character evidence rules and the U.S. Supreme Court's ruling in the 1948 case Michelson v. United States which deals with the defendant's request for the court to prohibit customary types of prosecution responses to character testimony. The legal rights of defendants in America are examined, along with cross-examinations and witness credibility.
Trading In The Keys To The Cell For The Keys To Success: Rehabilitating Violent Youthful Offenders In New York State, Ashley N. Guarino
Trading In The Keys To The Cell For The Keys To Success: Rehabilitating Violent Youthful Offenders In New York State, Ashley N. Guarino
Hofstra Law Review
The article discusses several aspects of the efforts to rehabilitate violent youthful offenders in the state of New York as of 2015, and it mentions proposed legislation which would reform New York's juvenile justice system by removing sixteen- and seventeen-year-old non-violent offenders from the state's adult criminal courts and placing them in rehabilitative Adolescent Diversion Parts. Public safety and New York's Family Court Act are examined, as well as the state's criminal laws.
A Tenant's Procedural Due Process Right In Chronic Nuisance Ordiance Jurisdictions, Salim Katach
A Tenant's Procedural Due Process Right In Chronic Nuisance Ordiance Jurisdictions, Salim Katach
Hofstra Law Review
The article discusses a tenant's procedural due process right in Chronic Nuisance Ordinance (CNO) jurisdictions in America, and it mentions a lawsuit involving single mother Lakisha Briggs who was accused of violating Norristown, Pennsylvania's CNO following a disorderly conduct and fighting incident in 2012. According to the article, CNOs are designed to encourage property owners to prevent criminal activity on their properties and to recover the costs associated with police services.
Breaking Bad: An Examination Of The Ncaa's Investigation Practices Over The Last Forty Years, Ryan Appel
Breaking Bad: An Examination Of The Ncaa's Investigation Practices Over The Last Forty Years, Ryan Appel
University of Miami Business Law Review
No abstract provided.
Magnifying Deterrence By Prosecuting Professionals, Scott Schumacher
Magnifying Deterrence By Prosecuting Professionals, Scott Schumacher
Indiana Law Journal
This Article examines the recent series of criminal prosecutions against tax professionals and offshore bankers. These criminal cases, brought against the largest Swiss bank (UBS), the oldest Swiss bank (Wegelin), one of the largest accounting firms in the world (KPMG), as well as numerous lawyers and accountants, represent a dramatic shift for the U.S. Department of Justice. After decades of tolerating abusive tax shelters and tax haven banks, the government changed its policy. However, rather than indicting the individuals and corporations who invested in tax shelters or hid money in offshore accounts, the Justice Department indicted the lawyers, accountants, and …
The Land Of Oz: Spoliation Of Evidence In Louisiana, Danielle Borel
The Land Of Oz: Spoliation Of Evidence In Louisiana, Danielle Borel
Louisiana Law Review
No abstract provided.
Putting A Hold On Ice: Why Law Enforcement Should Refuse To Honor Immigration Detainers, Alia Al-Khatib
Putting A Hold On Ice: Why Law Enforcement Should Refuse To Honor Immigration Detainers, Alia Al-Khatib
American University Law Review
No abstract provided.
Learning From The Past: Why Termination Of A Non-Citizen Parent's Rights Should Not Be Based On The Child's Best Interest, Stacy Byrd
University of Miami Law Review
No abstract provided.
The More Things Change, The More They Stay The Same: A Section 504 Examination Of The Social Security Administration's Use Of 1993 Medical Criteria To Determine Disability In 2014, Adrienne Jones
American University Journal of Gender, Social Policy & the Law
No abstract provided.
And The Oscar Goes To; Well, It Can't Be You, Can It: A Look At Race-Based Casting And How It Legalizes Racism, Despite Title Vii Laws, Latonja Sinckler
And The Oscar Goes To; Well, It Can't Be You, Can It: A Look At Race-Based Casting And How It Legalizes Racism, Despite Title Vii Laws, Latonja Sinckler
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cultural Collisions And The Limits Of The Affordable Care Act, Jasmine E. Harris
Cultural Collisions And The Limits Of The Affordable Care Act, Jasmine E. Harris
American University Journal of Gender, Social Policy & the Law
No abstract provided.