Law Commons^™

Interpreting Searches Of Pretrial Releases Through The Lens Of The Fourth Amendment Special Needs Exception, Melissa Weiss

Hofstra Law Review

No abstract provided.

Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle

Hofstra Law Review

A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers' ethical obligations. Advocates of client-centered approaches put lawyers' duty to the client first. Justice-centered theorists critique the elevation of the client's interests over other important concerns lawyers affect through the work they do on behalf of clients. Scholars who adopt justice-centered approaches argue that lawyers' ethical obligations should be analyzed with a paramount focus on achieving justice.

Legal ethicists often view these two approaches as inconsistent with each other, but I argue in this Article that they are not necessarily so. Building on …

Credentialism And The Proliferation Of Fake Degrees: The Employer Pretends To Need A Degree; The Employee Pretends To Have One, Creola Johnson

Hofstra Labor & Employment Law Journal

A report from the U.S. General Accounting Office recently exposed 463 federal employees with degrees from schools believed to be "diploma mills" - sham schools that sell college degrees to individuals who complete little or no academic work to earn them. This report, along with other investigative work, confirmed the claims of diploma mill operators: their "graduates" have well-paying jobs in all levels of both the public and private sectors, and employers have subsidized the purchase of fake degrees via tuition reimbursement programs. For a growing number of positions, employers prefer college students and graduates over workers with only high …

Shoring Up The Citadel (At-Will Employment), Matthew W. Finkin

Hofstra Labor & Employment Law Journal

The third draft of parts three and four of the proposed Restatement of Employment Law was circulated in April, 2006. The draft was prefaced by a statement of the Executive Director of the American Law Institute explaining the project's purpose: to simplify the law, to clarify the doctrine underpinning it, and to bring the law into line with evolving economic and social developments. This essay takes a hard look at these two parts - governing contractual job security and discharge for reasons violative of public policy - from the perspective of these desiderata. It argues that the rules set out …

Be Our Guest: Synthesizing A Realistic Guest Worker Program As An Element Of Comprehensive Immigration Reform, Dennis J. Loiacono, Jillian Maloff

Hofstra Labor & Employment Law Journal

No abstract provided.

Inspecting The Mine Inspector: Why The Discretionary Function Exception Does Not Bar Government Liability For Negligent Mine Inspections, Jay Lapat, James P. Notter

Hofstra Labor & Employment Law Journal

No abstract provided.

Labor-Management Relations During The Clinton Administration, Robert B. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.

Unilateral-Modification Provisions In Employment Arbitration Agreements, Michael L. Demichele, Richard A. Bales

Hofstra Labor & Employment Law Journal

Unilateral-modification clauses give one party the unfettered right to amend or reject the underlying contract, often with neither notice to nor consent from the other party. State and federal courts are divided on the issue of whether employment arbitration agreements subject to such clauses are enforceable (and the courts holding the arbitration agreements are unenforceable are divided on which of several contract law doctrines apply). The majority of courts refuse to compel arbitration when the employer's unilateral-modification rights create a lack of consideration, a non-mutual agreement, an illusory promise to arbitrate, or an unconscionable agreement. A minority of courts find …

Mediation Of A Sexual Harassment Claim, Robert Lewis

Hofstra Labor & Employment Law Journal

No abstract provided.

The Whistleblower Provision Of Sarbanes-Oxley: Discerning The Scope Of "Protected Activity", Robert P. Riordan, Leslie E. Wood

Hofstra Labor & Employment Law Journal

No abstract provided.

The Suspension Of The Davis Bacon Act And The Exploitation Of Migrant Workers In The Wake Of Hurricane Katrina, Haley E. Olam, Erin S. Stamper

Hofstra Labor & Employment Law Journal

No abstract provided.

Getting The Skinny: Fast Food Litigation Is Not A Legal Threat To Business, But It Should Be, J. Brad Reich

Hofstra Labor & Employment Law Journal

No abstract provided.

A Cautionary Tale: Fiduciary Breach As Legal Malpractice, Charles W. Wolfram

Hofstra Law Review

No abstract provided.

Contract Formalism, Scientism, And The M-Word: A Comment On Professor Movsesian's Under-Theorization Thesis, Jeffrey M. Lipshaw

Hofstra Law Review

In two recent essays, Professor Mark L. Movsesian has suggested that a significant difference between the classical formalism of Williston and the formalism of contemporary contracts scholars is the extent to which the earlier work was under-theorized. I want to suggest an area in which there is a consistency to the under-theorization between the classical and the modern contract formalists: the extent to which theorization in anything that approaches metaphysics is, and has been, consistently anathema. Modern theorizing is overwhelmingly of a particular form: dispassionate social science inquiry into how we tick, rarely questioned but implicit norms shaped solely around …

You Can't Choose Your Parents: Why Children Raised By Same-Sex Couples Are Entitled To Inheritance Rights From Both Their Parents, Carissa R. Trast

Hofstra Law Review

No abstract provided.

Development Of A Worldwide Currency: Is It Feasible?, Dominick Kerr

Journal of International Business and Law

No abstract provided.

You Are Living In A Gold Rush, Richard Delgado

Hofstra Law Review

This article argues that our times, characterized as they are by dreams of vast wealth, environmental destruction, and growing social inequality, resemble nothing so much as earlier get-rich-quick periods like the Gilded Age and the California gold rush.

I put forward a number of parallels between those earlier periods and now, and suggest that the current fever is likely to end soon. This will come as a relief to those of you who, like me, deplore the regressive social policies, bellicose foreign relations, and coarsening of public taste that we have been living through-even if some of our more libertarian …

Conflicts Of Interest In The Drug Industry's Relationship With The Government, Merrill Goozner

Hofstra Law Review

No abstract provided.

Counseling Organizational Clients"Within The Bounds Of The Law", Roger C. Cramton

Hofstra Law Review

No abstract provided.

Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell

Hofstra Law Review

No abstract provided.

Asylum And Oral Argument: The Judiciary In Immigration And The Second Circuit Non-Argument Calendar, Erick Rivero

Hofstra Law Review

No abstract provided.

Reading Back, Reading Black, I. Bennett Capers

Hofstra Law Review

This essay builds on post-colonial theory and black literary theory to pose a pair of questions. If the reading of Western literature can be enriched by examining the great canonical texts through the lens of race, can a similar enrichment obtain from using a similar reading practice to read the law? Stanley Fish has argued that we each belong to interpretive communities, and that members of these communities are guided in their readings of texts by a common consciousness, which produces interpretive "strategies [that] exist prior to the act of reading and therefore determine the shape of what is read." …

To Attain "The Just Rewards Of So Much Struggle": Local-Resident Equity Participation In Urban Revitalization, Barbara L. Bezdek

Hofstra Law Review

Annually, Americans pour out their sympathy for people displaced from their communities by natural disasters such as fires, floods, and hurricanes. We respond, knowing the anchor that the concept of "home" supplies to body, soul, and family; we intuit the toll exacted by the loss of familiar walls, private homes and community-shared places. Yet, redevelopment policy and practice in the U.S. today relies upon the massive relocation of poor people and the destruction of poor people's neighborhoods with only token recognition of the costs and burdens imposed on the displaced. Although the devastation of community, family, and lives is just …

The Consequences Of Arbitrating A Legal Malpractice Claim: Rebuilding Faith In The Legal Profession, Louis A. Russo

Hofstra Law Review

No abstract provided.

Lawyers' Ethics In An Adversary System - Foreword: Like Gravity, Roy D. Simon

Hofstra Law Review

The adversary system, like gravity, affects us all. We cannot escape it. The adversary system, and the ethical standards of the lawyers who operate within the adversary system, therefore warrant continual study. ...

This issue collects nearly all of the papers delivered at the conference. Of equal interest, each paper is followed by a transcript of the fascinating exchanges that occurred between the speaker and members of the audience during a lengthy question and answer session after each speech.

A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman

Hofstra Law Review

No abstract provided.

The State Action Doctrine And The Principle Of Democratic Choice, Wilson R. Huhn

Hofstra Law Review

The Supreme Court has badly misread the purpose of the state action doctrine. The Supreme Court has failed to recognize that the fundamental value that is served by the state action doctrine is not "individual freedom" but rather "democratic choice." As a result the Court has narrowly construed the concept of state action, and has underestimated the necessity of applying constitutional norms to the exercise of combined private and state power. The Supreme Court has also misconstrued the distinction between state action and state inaction. Once protective laws have been enacted through the democratic process state action exists, and constitutional …

The Constitutional Rights Of Non-Custodial Parents, David D. Meyer

Hofstra Law Review

No abstract provided.

Direct-To-Consumer Advertising And Pharmaceutical Ethics: The Case Of Vioxx, Ronald M. Green

Hofstra Law Review

No abstract provided.

Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell

Hofstra Labor & Employment Law Journal

No abstract provided.