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Articles 1 - 30 of 94
Full-Text Articles in Law
Murder, Suicide, And The Fight Over An Inheritance, Joanna L. Grossman
Murder, Suicide, And The Fight Over An Inheritance, Joanna L. Grossman
Hofstra Law Faculty Scholarship
The seven-year marriage between Brandy and Joshua Matthews ended in tragedy. He shot and killed her before turning the gun on himself. There were no criminal charges arising out of this tragedy since the murderer died alongside the victim. But there was a civil fight over inheritance, raising the question whether Brandy’s family should inherit from Joshua’s estate. In a unanimous opinion, the Alabama Supreme Court said no -
Traditional Surrogacy In Tennessee: Strange Statute Begets Strange Judicial Ruling, Joanna L. Grossman
Traditional Surrogacy In Tennessee: Strange Statute Begets Strange Judicial Ruling, Joanna L. Grossman
Hofstra Law Faculty Scholarship
According to a recent article in the New York Times by Tamar Lewin, the United States has become – or is in the process of becoming – a mecca for foreign couples seeking the services of a surrogate to gestate a child for them. Theories differ as to the draw, but the lack of national policy or strict regulation is among the most likely suspects.
Click Away: A Texas Law On “Improper Photography” Bites The Dust, Joanna L. Grossman, Lawrence M. Friedman
Click Away: A Texas Law On “Improper Photography” Bites The Dust, Joanna L. Grossman, Lawrence M. Friedman
Hofstra Law Faculty Scholarship
Ronald Thompson was arrested in Texas and charged with 26 counts of “improper photography” in 2011. He was seen taking pictures of kids underwater at Sea World. After parents complained, he was arrested. A search of his camera revealed 73 photos of children in swimsuits, with the focus on their breasts and buttocks.
His behavior, according to the authorities, violated a provision of the Texas criminal code on “improper photography” (Tex. Penal Code, sec. 21.15). This provision outlawed photographs taken “without the other person’s consent,” and “with intent to arouse or gratify the sexual desire of any person.” Thompson’s defense: …
If She Don’T Win It’S A Shame: Female Executive Sues New York Mets For Pregnancy Discrimination, Joanna L. Grossman, Deborah L. Brake
If She Don’T Win It’S A Shame: Female Executive Sues New York Mets For Pregnancy Discrimination, Joanna L. Grossman, Deborah L. Brake
Hofstra Law Faculty Scholarship
Leigh Castergine was the first woman to become a Senior Vice President in the Front Office of the Mets, a once-beloved, but now losing Major League Baseball team in New York. She was in charge of ticket sales and was rewarded over the years for innovations and successes to the tune of multiple $50,000 raises and a $125,000 bonus. But she met her glass ceiling when she, an unmarried woman, announced her pregnancy in 2013.
The End Of The Road: The Late Anna Nicole Smith’S Quest To Inherit Is Over, Joanna L. Grossman
The End Of The Road: The Late Anna Nicole Smith’S Quest To Inherit Is Over, Joanna L. Grossman
Hofstra Law Faculty Scholarship
Twenty years. Five times the length of the human relationship. Almost twenty times the length of the marriage. That’s the duration of the litigation about whether Anna Nicole Smith should share in the estate of her husband J. Howard Marshall II. The parties are long dead—J. Howard’s death at age 90 in 1995 gave rise to the estate and litigation over it; Anna Nicole died of a drug overdose at 39 in 2007; and J. Howard’s son (and Anna Nicole’s nemesis), Pierce Marshall, died at age 67 in 2006. Yet the litigation waged seven years after all the parties were …
Saving For Education: Creating Educational Dynasty Trusts Using 529 Plans, Susan T. Bart
Saving For Education: Creating Educational Dynasty Trusts Using 529 Plans, Susan T. Bart
ACTEC Law Journal
No abstract provided.
Virtual Currency Estate Planning, Bit By Bit, Abigail J. Farmer, Cory Elizabeth Tyszka
Virtual Currency Estate Planning, Bit By Bit, Abigail J. Farmer, Cory Elizabeth Tyszka
ACTEC Law Journal
This article addresses the issues that virtual currencies, specifically bitcoins, pose for the mindful estate planner. First, it explains what bitcoins are, where they come from, and what their legal status is. Next, it identifies special problems that bitcoins pose in estate planning. Finally, it concludes by offering solutions to these problems, including recommended transfer mechanisms and gifting strategies.
Predispute Arbitration Agreements Between Trustees And Financial Services Institutions: Are Beneficiaries Bound?, Mary F. Radford
Predispute Arbitration Agreements Between Trustees And Financial Services Institutions: Are Beneficiaries Bound?, Mary F. Radford
ACTEC Law Journal
No abstract provided.
Means To An End: Electively Forcing Vesting To Suit Tax Rules Against Perpetuities, James P. Spica
Means To An End: Electively Forcing Vesting To Suit Tax Rules Against Perpetuities, James P. Spica
ACTEC Law Journal
Editor's synopsis: Exercising special powers of appointment over tax advantages trusts in a jurisdiction that has enacted perpetuities reform can be hazardous in light of the so-called "Delaware tax trap" and the "constructive additions" and trust-modification rules of the Treasury's GST-tax effective date regulations. Compliance with these federal tax rules against perpetuities may or may not be guaranteed by the applicable reform legislation. This Article examines a particular situation in which self-help is required for compliance, offers a set of forced-vested provisions to fit the bill, and indicates how those provisions can be adatpted for use in other situations in …
Beyond Donor Intent: Leveraging Cy Pres To Remedy Unintended Burdens Caused By Charitable Gifts, Katie Magallanes
Beyond Donor Intent: Leveraging Cy Pres To Remedy Unintended Burdens Caused By Charitable Gifts, Katie Magallanes
ACTEC Law Journal
No abstract provided.
Hard Labor: New Pregnancy Discrimination Guidance From The Eeoc, Joanna L. Grossman
Hard Labor: New Pregnancy Discrimination Guidance From The Eeoc, Joanna L. Grossman
Hofstra Law Faculty Scholarship
Pregnancy discrimination in the workplace is an intractable problem, one that has resulted in a startling number of claims each year to the Equal Employment Opportunity Commission (EEOC)—rising at a faster rate than women are joining the workforce—and increased media attention. But it has also led to extensive litigation that raises, in a variety of contexts, the question of what constitutes illegal pregnancy discrimination under federal law.
In light of these developments, the EEOC has just issued new Enforcement Guidance on pregnancy discrimination—its first in several decades—to explain its interpretation of applicable statutes. In this column, I’ll explain key …
The Terms Of The Trust: Extrinsic Evidence Of Settlor Intent, Fred Franke, Anna Katherine Moody
The Terms Of The Trust: Extrinsic Evidence Of Settlor Intent, Fred Franke, Anna Katherine Moody
ACTEC Law Journal
Each edition of the Restatement of Trusts defined the phrase "the terms of the trust" exactly the same. It means the manifestation of the settlor's intent expressed in a manner that admits of its proof in judicial proceedings. This definition weds the language of the instrument to the evidentiary rules governing Trust contests. This article explores the extent to which extrinsic evidence of settlor intent is admissable and consequently a consideration for those puzzling out the meaning of a trust.
The Physician Orders For Life-Sustaining Treatment (Polst) Coming Soon To A Health Care Community Near You, Robert B. Wolf, Marilyn J. Maag, Keith Bradoc Gallant
The Physician Orders For Life-Sustaining Treatment (Polst) Coming Soon To A Health Care Community Near You, Robert B. Wolf, Marilyn J. Maag, Keith Bradoc Gallant
ACTEC Law Journal
No abstract provided.
The Persistent Preference For Inception Assets, Trent S. Kiziah, J. Clay Singleton, Stewart A. Marshall Iii
The Persistent Preference For Inception Assets, Trent S. Kiziah, J. Clay Singleton, Stewart A. Marshall Iii
ACTEC Law Journal
Often trusts contain assets which were formerly owned by the grantor. This article addresses whether trustees should give any preference to these assets in managing the trust portfolio. Particular attention is given to how the law has treated these assets over time and the current state of the law. For those trustees who wish to retain inception assets, the article contains practical guidelines to assist trustees.
Book Review: Robespierre Meets The Foreign Tax Credit: Reflections On Piketty's "Capital In The Twenty-First Century" And The Contemporary Tax Policy Debate, Michael A. Livingston
Book Review: Robespierre Meets The Foreign Tax Credit: Reflections On Piketty's "Capital In The Twenty-First Century" And The Contemporary Tax Policy Debate, Michael A. Livingston
ACTEC Law Journal
No abstract provided.
Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry
Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry
Howard Lichtenstein Distinguished Professorship in Legal Ethics Lectures
As a Lichtenstein Distinguished Lecturer, Professor Terry was asked to write an article for the Hofstra Law Review. Her article, cited below, may be downloaded from the link at the top of the page.
Laurel S. Terry, Globalization and the ABA Commission on Ethics 20/20: Reflections on Missed Opportunities and the Road Not Taken, 43 Hofstra L. Rev. 95 (2014)
The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global …
Do Tell! The Rights Of Donor-Conceived Offspring, Naomi Cahn
Do Tell! The Rights Of Donor-Conceived Offspring, Naomi Cahn
Hofstra Law Review
The article discusses the legal rights of donor-conceived children in America, and it mentions U.S. constitutional rights, the laws associated with donor conception in the country, and the concept of double disclosure. Parental rights and children's interests are mentioned, along with respect for familial autonomy and various aspects of U.S. family and health laws. Sperm and egg (ovum) donations are examined, along with the nation's fertility industry and assisted reproductive technology.
Making Gun Offender Registries Available To The Public: A Safety Practice Or Target Practice, Aaron Zucker
Making Gun Offender Registries Available To The Public: A Safety Practice Or Target Practice, Aaron Zucker
Hofstra Law Review
The article discusses the structure and purpose of America's gun offender registry as of 2014, and it mentions public safety in the country, the development of a sex offender registry in the U.S., and the nation's criminal laws. According to the article, criminal registries were made available to the public in 1996 with the purpose of promoting public awareness and protection. Gun control and firearms laws in the U.S. are examined, along with the history of criminal registries in America.
One For Ten Dollars, Two For Thirty: The Value Of The National Flood Insurance Program Dwelling Policy For The Insured, Matthew J. Kutner
One For Ten Dollars, Two For Thirty: The Value Of The National Flood Insurance Program Dwelling Policy For The Insured, Matthew J. Kutner
Hofstra Law Review
The article discusses the value of the U.S. National Flood Insurance Program's Dwelling Form (policy) for the insured as of 2014, and it mentions policy premium increases, actuarial risk, and the U.S. federal government's fiscal policy. Publicpolicy is addressed in relation to the American government's involvement in the insurance business. The U.S. Biggert-Waters Flood Insurance Reform Act of 2012 is examined, along with the nation's Homeowner Flood Insurance Affordability Actof 2014.
Banking, Structure, Regulation, And Supervision In 1993 And 2013: Comparison Across Countries And Over Time, James R. Barth, Daniel E. Nolle, Apanard (Penny) Prabha
Banking, Structure, Regulation, And Supervision In 1993 And 2013: Comparison Across Countries And Over Time, James R. Barth, Daniel E. Nolle, Apanard (Penny) Prabha
Journal of International Business and Law
No abstract provided.
Finding A Fix For The Fmla: A New Perspective, A New Solution, Nicole Buonocore Porter
Finding A Fix For The Fmla: A New Perspective, A New Solution, Nicole Buonocore Porter
Hofstra Labor & Employment Law Journal
When the Family and Medical Leave Act was enacted in 1993, it was considered landmark legislation, as the first statute that contained an affirmative obligation on some employers to provide up to twelve weeks of unpaid leave for certain enumerated reasons, including for the birth or adoption of a baby, to care for a family member with a serious health condition, or because of the employee’s own serious health condition. Yet, despite the promise of the FMLA, many scholars argue that its faults outweigh its benefits. Critics complain about: the large percentage of the population not covered by the FMLA; …
Striking Gold, Not Dynamite When Using Social Media In Employment Screening, Mark Bannister, Michael Jilka, Derek Ulrich
Striking Gold, Not Dynamite When Using Social Media In Employment Screening, Mark Bannister, Michael Jilka, Derek Ulrich
Hofstra Labor & Employment Law Journal
No abstract provided.
The Organizational Ombudsman's Quest For Priviledged Communications, Kendall D. Isaac
The Organizational Ombudsman's Quest For Priviledged Communications, Kendall D. Isaac
Hofstra Labor & Employment Law Journal
The role of organizational ombudsman has grown tremendously in the past couple of decades. Organizations have come to rely upon their ombuds offices to provide value-added dispute resolution services aimed at improving the corporate ethical and cultural environment while simultaneously staving off unwanted turnover and potential litigation from disgruntled employees. While employees have enjoyed ‘being heard’ by their ombudsman, the ombudsmen have struggled to keep the information they have heard confidential and away from the public forum via subsequent litigation and motions to compel them to disclose this information. This article explores the current state of the ombudsman confidentiality privilege, …
Wellness Programs, The Ada, And Gina: Framing The Conflict, E. Pierce Blue
Wellness Programs, The Ada, And Gina: Framing The Conflict, E. Pierce Blue
Hofstra Labor & Employment Law Journal
No abstract provided.
Trying To Kill One Bird With Two Stones: The Use And Abuse Of Class Actions And Collective Actions In Employment Litigation, Thomas H. Barnard, Amanda T. Quan
Trying To Kill One Bird With Two Stones: The Use And Abuse Of Class Actions And Collective Actions In Employment Litigation, Thomas H. Barnard, Amanda T. Quan
Hofstra Labor & Employment Law Journal
No abstract provided.
Women's Work: Economic Security In The Domestic Violence Context, Jamie Haar
Women's Work: Economic Security In The Domestic Violence Context, Jamie Haar
Hofstra Labor & Employment Law Journal
No abstract provided.
Injecting Fault Into A No-Fault System: The Aggressor Defense In Work-Related Fight Cases, Melissa Lin Jones
Injecting Fault Into A No-Fault System: The Aggressor Defense In Work-Related Fight Cases, Melissa Lin Jones
Hofstra Labor & Employment Law Journal
No abstract provided.
Condom Sense: Regulating And Reforming Performer Health & Safety In The Adult Film Industry, Chris Motyl
Condom Sense: Regulating And Reforming Performer Health & Safety In The Adult Film Industry, Chris Motyl
Hofstra Labor & Employment Law Journal
No abstract provided.