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Articles 1 - 30 of 56
Full-Text Articles in Law
Foreword: Conference On Legal Ethics: "What Needs Fixing?", Roy D. Simon
Foreword: Conference On Legal Ethics: "What Needs Fixing?", Roy D. Simon
Hofstra Law Review
The remarkable collection of papers in this special issue of the Hofstra Law Review grew out of Hofstra University School of Law's third major ethics conference, which was held at Hofstra from September 9 to September 11, 2001. The papers are linked together by the broad theme expressed in the conference's title: Legal Ethics: What Needs Fixing?
n this Foreword, I want to do three simple things. First, I want to talk about how Hofstra put the ethics conference together. Second, I want to comment on the connections between some of the papers. Third, I want to say a few …
The Antitrust/Intellectual Property Interface: An Emerging Solution To An Intractable Problem, Daniel J. Gifford
The Antitrust/Intellectual Property Interface: An Emerging Solution To An Intractable Problem, Daniel J. Gifford
Hofstra Law Review
No abstract provided.
The Twilight Of Organizational Form For Charity: Musings On Norman Silber, A Corporate Form Of Freedom: The Emergence Of The Modern Nonprofit Sector, Evelyn Brody
Hofstra Law Review
Norman Silber's exploration of a near-century of jurisprudential subjectivity reveals an extraordinary hunger for uniformity in the conception of the public good. In 1961, the New York Court of Appeals effectively ended the practice of substantive judicial review of nonprofit charters when it ordered the lower court to approve the articles of a white supremacist group. In the end, judicial discretion over charity incorporation fell during the general social rebellion against orthodoxy, the rise of advocacy and identity groups (notably the NAACP), the legal-process reform against ad-hoc judicial rulings in favor of administrative deliberation and consistency, and the reconception of …
When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker
When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker
Hofstra Labor & Employment Law Journal
No abstract provided.
The Discoverability Of Severance Agreements In Wrongful Discharge Litigation, Michael D. Moberly
The Discoverability Of Severance Agreements In Wrongful Discharge Litigation, Michael D. Moberly
Hofstra Labor & Employment Law Journal
No abstract provided.
America: Land Of Opportunity Or Exploitation?, Irene Zopoth Hudson, Susan Schenck
America: Land Of Opportunity Or Exploitation?, Irene Zopoth Hudson, Susan Schenck
Hofstra Labor & Employment Law Journal
No abstract provided.
Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz
Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz
Hofstra Labor & Employment Law Journal
No abstract provided.
Internet Monitoring Of Federal Judges: Striking A Balance Between Independence And Accountability, Hardeep Kaur Josan, Sapna K. Shah
Internet Monitoring Of Federal Judges: Striking A Balance Between Independence And Accountability, Hardeep Kaur Josan, Sapna K. Shah
Hofstra Labor & Employment Law Journal
No abstract provided.
Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden
Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden
Hofstra Labor & Employment Law Journal
No abstract provided.
The Alien Tort Claims Act And Section 1983: The Improper Use Of Domestic Laws To "Create" And "Define" International Liability For Multi-National Corporations, Samuel A. Khalil
The Alien Tort Claims Act And Section 1983: The Improper Use Of Domestic Laws To "Create" And "Define" International Liability For Multi-National Corporations, Samuel A. Khalil
Hofstra Law Review
No abstract provided.
Workplace Mythologies And Unemployment Insurance: Exit, Voice And Exhausting All Reasonable Alternatives To Quitting, Deborah Maranville
Workplace Mythologies And Unemployment Insurance: Exit, Voice And Exhausting All Reasonable Alternatives To Quitting, Deborah Maranville
Hofstra Law Review
This article argues that the requirement that workers exhaust alternatives to quitting in order to qualify for unemployment benefits is misguided. The requirement is premised on inaccurate assumptions about the world of work and the situation of employees. Albert Hirschman's Exit, Voice and Loyalty provides a theoretical framework for thinking about decisions to stay or leave in the economic and political realms. The exhaustion requirement is premised on a vision of employment as more like a political community than an economic marketplace. While this vision may be an attractive aspiration, it has little foundation in most twenty-first century workplaces.
Compensation For Victims Of Terror: A Specialized Jurisprudence Of Injury, Marshall S. Shapo
Compensation For Victims Of Terror: A Specialized Jurisprudence Of Injury, Marshall S. Shapo
Hofstra Law Review
The legislation and Rules creating the September 11th Victim Compensation Fund (the "Fund") constitute a new entry in the "jurisprudence of injury." The Fund presents challenges that cut across traditional tort and compensation law, economic theory, philosophy, psychology and political science. This article combines analysis of the statute and the Rules with suggestions about their political significance, including brief summaries of heated public discussion about the Fund and a couple of personalized anecdotes, selected for their symbolic power.
Trying to "broker the politics of injury," Congress in establishing the Fund created a "unique form of public choice," with "something for …
Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins
Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins
Hofstra Law Review
No abstract provided.
Cheating Clients With The Percentage-Of-The-Gross Contigent Fee Scam, W. William Hodes
Cheating Clients With The Percentage-Of-The-Gross Contigent Fee Scam, W. William Hodes
Hofstra Law Review
No abstract provided.
Finding A Voice: The Legal Ethics Committee, Carol M. Langford, David M.M. Bell
Finding A Voice: The Legal Ethics Committee, Carol M. Langford, David M.M. Bell
Hofstra Law Review
No abstract provided.
Toward Abandoning Organized Professionalism, Thomas D. Morgan
Toward Abandoning Organized Professionalism, Thomas D. Morgan
Hofstra Law Review
No abstract provided.
Developing The Asset Protection Dynamic: A Legacy Of Federal Concern, John K. Eason
Developing The Asset Protection Dynamic: A Legacy Of Federal Concern, John K. Eason
Hofstra Law Review
No abstract provided.
Forgeddabout Conflicts - If Citibar Has Its Way, We Can Have Just One Big Law Firm, Lawrence J. Fox
Forgeddabout Conflicts - If Citibar Has Its Way, We Can Have Just One Big Law Firm, Lawrence J. Fox
Hofstra Law Review
No abstract provided.
The Slippery Slope From Ambition To Greed To Dishonesty: Lawyers, Money, And Professional Integrity, Lisa G. Lerman
The Slippery Slope From Ambition To Greed To Dishonesty: Lawyers, Money, And Professional Integrity, Lisa G. Lerman
Hofstra Law Review
No abstract provided.
Expanding State Jurisdiction To Regulate Out-Of-State Lawyers, Charles W. Wolfram
Expanding State Jurisdiction To Regulate Out-Of-State Lawyers, Charles W. Wolfram
Hofstra Law Review
No abstract provided.
Mandatory Pro Bono Publico For Law Students: The Right Place To Start, Christina M. Rosas
Mandatory Pro Bono Publico For Law Students: The Right Place To Start, Christina M. Rosas
Hofstra Law Review
No abstract provided.
Speak No Evil: Settlement Agreements Conditioned On Noncooperation Are Illegal And Unethical, Stephen Gillers
Speak No Evil: Settlement Agreements Conditioned On Noncooperation Are Illegal And Unethical, Stephen Gillers
Hofstra Law Review
No abstract provided.
An Extended Presence, Interstate Style: First Notes On A Theme From Saenz, Bernard E. Jacob
An Extended Presence, Interstate Style: First Notes On A Theme From Saenz, Bernard E. Jacob
Hofstra Law Review
No abstract provided.
The Fair Housing Act And Insurance: An Update And The Question Of Disability Discrimination, John F. Stanton
The Fair Housing Act And Insurance: An Update And The Question Of Disability Discrimination, John F. Stanton
Hofstra Law Review
No abstract provided.
Homeless Children Dream Of College Too: The Struggle To Provide America's Homeless Youth With A Viable Education, Andrea B. Berkowitz
Homeless Children Dream Of College Too: The Struggle To Provide America's Homeless Youth With A Viable Education, Andrea B. Berkowitz
Hofstra Law Review
No abstract provided.
Brief Amici Curiae Of Thirty-Three Media Scholars In The St. Louis Video Games Case, With Introduction By Marjorie Heins, Marjorie Heins, Joan E. Bertin
Brief Amici Curiae Of Thirty-Three Media Scholars In The St. Louis Video Games Case, With Introduction By Marjorie Heins, Marjorie Heins, Joan E. Bertin
Hofstra Law Review
No abstract provided.
Policy Implication Of Rules Governing Harassment And Discrimination Complaints In Private And Federal Employment, Francis Achampong
Policy Implication Of Rules Governing Harassment And Discrimination Complaints In Private And Federal Employment, Francis Achampong
Hofstra Labor & Employment Law Journal
No abstract provided.
A Call For Clarification: Achieving A Uniform Proof Structure In Reasonable Accomodation Cases Under The Americans With Disabilities Act, Gregory Scolieri, Matthew H. Woodard
A Call For Clarification: Achieving A Uniform Proof Structure In Reasonable Accomodation Cases Under The Americans With Disabilities Act, Gregory Scolieri, Matthew H. Woodard
Hofstra Labor & Employment Law Journal
No abstract provided.
Preventing "Senseless" Arrests: Searching For A Constitutional Resolution Of Atwater V. City Of Lago Vista, Matthew Minerva
Preventing "Senseless" Arrests: Searching For A Constitutional Resolution Of Atwater V. City Of Lago Vista, Matthew Minerva
Hofstra Law Review
No abstract provided.
Minor Rights: The Adolescent Abortion Cases, Martin Guggenheim
Minor Rights: The Adolescent Abortion Cases, Martin Guggenheim
Hofstra Law Review
This article focuses on two Supreme Court decisions (Planned Parenthood v. Danforth and Bellotti v. Baird) in which the Court redefined the entire conception of children's rights. The article suggests that the Supreme Court used a construct of children's constitutional "rights" to restrict the rights of children. By doing so, the Court decisively derailed an incipient children's rights movement that had the potential to liberate children from the dominion of adults. In Danforth, the Court considered for the first time the constitutionality of a state statute that contained a mandatory parental consent provision. The Court struck down that part of …