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Foreword: Conference On Legal Ethics: "What Needs Fixing?", Roy D. Simon Jan 2002

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 Jan 2002

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 Jan 2002

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 …


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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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.


Preventing "Senseless" Arrests: Searching For A Constitutional Resolution Of Atwater V. City Of Lago Vista, Matthew Minerva Jan 2002

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 Jan 2002

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 …


The Changing Professional Environment And The Ideal Of General Practice, Geoffrey C. Hazard Jr. Jan 2002

The Changing Professional Environment And The Ideal Of General Practice, Geoffrey C. Hazard Jr.

Hofstra Law Review

No abstract provided.


Scriveners In Cyberspace: Online Document Preparation And The Unauthorized Practice Of Law, Catherine J. Lanctot Jan 2002

Scriveners In Cyberspace: Online Document Preparation And The Unauthorized Practice Of Law, Catherine J. Lanctot

Hofstra Law Review

No abstract provided.


Just Say No: The Cipro Craze And Managed Care - Applying The Hand Formula To Managed Care Decisions, Daniel L. Freidlin Jan 2002

Just Say No: The Cipro Craze And Managed Care - Applying The Hand Formula To Managed Care Decisions, Daniel L. Freidlin

Hofstra Law Review

No abstract provided.


Name Robbers: Privacy, Blackmail, And Assorted Matters In Legal History, Lawrence M. Friedman Jan 2002

Name Robbers: Privacy, Blackmail, And Assorted Matters In Legal History, Lawrence M. Friedman

Hofstra Law Review

No abstract provided.


The National Boxing Commission Act Of 2001: It's Time For Congress To Step Into The Ring And Save The Sport Of Boxing, Patrick B. Fife Jan 2002

The National Boxing Commission Act Of 2001: It's Time For Congress To Step Into The Ring And Save The Sport Of Boxing, Patrick B. Fife

Hofstra Law Review

No abstract provided.


Corporate Courtship Gone Sour: Applying A Bankruptcy Approach To Termination Fee Provisions In Merger And Acquisition Agreements, Ely R. Levy Jan 2002

Corporate Courtship Gone Sour: Applying A Bankruptcy Approach To Termination Fee Provisions In Merger And Acquisition Agreements, Ely R. Levy

Hofstra Law Review

This paper examines Delaware's judicial treatment of deal protection measures, particularly termination fee provisions. The paper explores the tension between the economic function of these provisions in inducing bidders and potentially compensating them for opportunity and transaction costs in the event of deal termination vs. the ability of large termination fees to constrain and coerce shareholder choice by obligating the target to pay out the fee in the event of a shareholder no vote.

In light of these issues, the paper explores the different standards of review that Delaware courts have and could potentially apply in ex post review of …


The Public Schools Have A "Special Need" For Their Students' Urine, Irene Merker Rosenberg Jan 2002

The Public Schools Have A "Special Need" For Their Students' Urine, Irene Merker Rosenberg

Hofstra Law Review

No abstract provided.


Individual Justice In Mass Tort Litigation: Judge Jack B. Weinstein On Choice Of Law In Mass Tort Cases, Scott Fruehwald Jan 2002

Individual Justice In Mass Tort Litigation: Judge Jack B. Weinstein On Choice Of Law In Mass Tort Cases, Scott Fruehwald

Hofstra Law Review

No abstract provided.