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Articles 1 - 30 of 47
Full-Text Articles in Law
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.
Confronting Chaos: The Fiscal Constitution Faces Federal Shutdowns And (Almost) Debt Defaults, Charles Tiefer
Confronting Chaos: The Fiscal Constitution Faces Federal Shutdowns And (Almost) Debt Defaults, Charles Tiefer
Hofstra Law Review
No abstract provided.
Think And Suggest: Bringing The Real World To The Legal Writing Classroom, Deborah Moritz
Think And Suggest: Bringing The Real World To The Legal Writing Classroom, Deborah Moritz
Hofstra Law Review
The article discusses legal education in America and the author's efforts to implement real-world experiences and events into a Legal Research and Writing course classroom at the University of Wisconsin Law School. The methods used to teach law students in the U.S. are addressed, along with the inability of some law school graduates to find employment in the legal field. Lessons involving client interviewing and the practice of law are examined, along with collaborative projects.
Positivist Legal Ethics Theory And The Law Governing Lawyers: A Few Puzzles Worth Solving, Amy Salyzyn
Positivist Legal Ethics Theory And The Law Governing Lawyers: A Few Puzzles Worth Solving, Amy Salyzyn
Hofstra Law Review
Debates about the proper boundaries of a lawyer’s role are far from new. A fresh spin on this old debate, however, has emerged with the "positivist turn" in legal ethics theory. While in legal theory scholarship the label "positivism" carries various nuances and controversies, its use in the legal ethics context is, as a general matter, more straightforward and uniform. Broadly speaking, positivist accounts of legal ethics share a general view that the law owes its normative content to its ability to solve coordination problems and settle moral controversies. This view of the law, in turn, informs a particular view …
Regulation, Prohibition, And Overcriminalization: The Proper And Improper Uses Of The Criminal Law, Paul J. Larkin, Jr.
Regulation, Prohibition, And Overcriminalization: The Proper And Improper Uses Of The Criminal Law, Paul J. Larkin, Jr.
Hofstra Law Review
The function of the criminal law is to effectively enforce the moral code that every person knows by heart — to enforce the minimum substantive content of the social compact by bringing the full moral authority of government to bear on violators. By contrast, the function of the regulatory system is to efficiently manage components of the national economy using civil rules, rewards, and penalties to incentivize desirable behavior without casting aspersions on violations attributable to ignorance or explanations other than defiance. Treating regulatory crimes as if they were no different than “street crimes” ignores the profound difference between the …
Plastic Injuries, Anne Bloom
Plastic Injuries, Anne Bloom
Hofstra Law Review
Perceptions of injuries are culturally mediated, mutable, plastic. In tort litigation, however, the cultural plasticity with which we perceive and experience injuries is often ignored. This Article explores the cultural plasticity with which we perceive injuries through the lens of plastic surgery litigation. It argues that determinations of injury in plastic surgery litigation turn on the culturally biased — and highly mutable — perceptions of medical professionals. More broadly, the Article argues that culture shapes perceptions of injuries in tort litigation as a whole. To make these points, the Article examines a prototypical plastic surgery case and surveys a range …
Human Rights, Freedom Of Expression, And The Rise Of The Silver Screen, Lawrence M. Friedman
Human Rights, Freedom Of Expression, And The Rise Of The Silver Screen, Lawrence M. Friedman
Hofstra Law Review
The article discusses human rights and the rule of law in America in relation to a freedom of expression right involving exhibitions and presentations of motion pictures. Historical sociology is addressed, along with the concept of absolute equality involving genders, races, and ethic groups. American constitutional rights are examined, along with the United Nations General Assembly's Universal Declaration of Human Rights and the films "The James Boys in Missouri" and "The Night Riders."
The Knowledge Police, David Orozco
The Knowledge Police, David Orozco
Hofstra Law Review
This article provides an in depth analysis and critique of the Office of the Intellectual Property Enforcement Coordinator’s (IPEC’s) efforts to date. This is an important subject since the IPEC has, under the Pro-IP Act, a mandate to serve as an effective interagency coordinator and strategic advisor to the Legislature and the President in all areas related to intellectual property enforcement. Intellectual property enforcement has risen to the highest levels of policy making, and national public discourse. As discussed in this article, the IPEC has failed to adequately coordinate the various federal agencies that have overlapping authority in this area. …
A Return To Coercion: International Law And New Weapon Technologies, Jeremy Rabkin, John Yoo
A Return To Coercion: International Law And New Weapon Technologies, Jeremy Rabkin, John Yoo
Hofstra Law Review
In recent years, the U.S. has threatened air strikes against Syria and insisted on the possibility of air strikes against Iran, in both cases to deter development of weapons of mass destruction. Such threats represent a return to the idea that international law allows states to impose punitive measures by force. Most academic specialists claim that the UN Charter only authorizes force in immediate self-defense. Many commentators embrace the related doctrine that lawful force can only be exercised against the opposing military force. But there remains more logic in the older view, that international law authorizes force for a wider …
Show Me The Mediation!: Introducing Mediation Prior To Salary Arbitration In Major League Baseball, Sam B. Smith
Show Me The Mediation!: Introducing Mediation Prior To Salary Arbitration In Major League Baseball, Sam B. Smith
Hofstra Law Review
No abstract provided.
The Collapsing Constitution, Michael D. Cicchini
The Collapsing Constitution, Michael D. Cicchini
Hofstra Law Review
No abstract provided.
Horton The Elephant Interprets The Federal Rules Of Civil Procedure: How The Federal Courts Sometimes Do And Always Should Understand Them, Donald L. Doernberg
Horton The Elephant Interprets The Federal Rules Of Civil Procedure: How The Federal Courts Sometimes Do And Always Should Understand Them, Donald L. Doernberg
Hofstra Law Review
The Court has used radically different techniques when it evaluates the scope of particular rules. When it examines whether there is a conflict between a Federal Rule and a provision of state law (usually, but not always, procedural law), it employs a distinctly read-my-lips approach to determining whether the Federal Rule speaks to the issue with the directness that Hanna v. Plumer (1965) and subsequent cases require. But when the Court considers whether a Federal Rule is consistent with the Rules Enabling Act’s (REA) requirement that no Rule shall “abridge, enlarge or modify” substantive law, a majority of the Justices …
Developing Capabilities, Not Entrepreneurs: A New Theory For Community Economic Development, Rashmi Dyal-Chand, James V. Rowan
Developing Capabilities, Not Entrepreneurs: A New Theory For Community Economic Development, Rashmi Dyal-Chand, James V. Rowan
Hofstra Law Review
This Article presents a contemporary and compelling American context in which entrepreneurship is not a good solution. Despite the enormous potential that entrepreneurship seems to hold for community economic development, it has thus far failed as a framework for widespread and reliable local economic development and poverty alleviation. The reasons for this failure are grounded both in theory and empirical data. This Article takes up the theoretical question. It examines why entrepreneurship theory is a weak foundation for the work of community economic development practitioners. Arguing that the important work of these practitioners is best understood and measured using a …
Compensating Fact Witnesses: The Price Is Sometimes Right, Douglas R. Richmond
Compensating Fact Witnesses: The Price Is Sometimes Right, Douglas R. Richmond
Hofstra Law Review
Litigation often pivots on the testimony of fact witnesses. Unfortunately, serving as a witness may take people away from their jobs or interrupt their lives. It is therefore understandable that fact witnesses may want to be paid for devoting time to litigation.
It was once the rule that fact witness compensation was limited to statutory witness fees. That limitation rested on several factors, including the concern that greater payments could entice fact witnesses to perjure themselves, might simply influence witnesses to shape their testimony in ways favorable to the parties paying them, couldprice justice out of the reach of some …
Copyright In The Expanded Field, Xiyin Tang
Copyright In The Expanded Field, Xiyin Tang
Hofstra Law Review
Intellectual property law and the art forms it is meant to protect are expanding. In our information age, artists hoping to assert their rights frequently assert a combination of trademark, copyright, and right of publicity or moral rights claims in order to maximize their chances of success. This Article looks beyond IP law to some of its more unlikely complements — tort and property law — as a viable means of redress for artists who may be ineligible for copyright protection. Specifically, recent cases involving a specific form of hybrid art — land art, or “site specific art” — have …
Promoting The Progress Of Personalized Medicine: Redefining Infringement Liability For Divided Performance Of Patented Methods, Erik P. Harmon
Promoting The Progress Of Personalized Medicine: Redefining Infringement Liability For Divided Performance Of Patented Methods, Erik P. Harmon
Hofstra Law Review
No abstract provided.
Jury Nullification: What It Is And How To Do It Ethically, Monroe H. Freedman
Jury Nullification: What It Is And How To Do It Ethically, Monroe H. Freedman
Hofstra Law Review
The article discusses the concept of jury nullification (JN) in America as of 2014, and it presents practical advice for U.S. attorneys on how to use the JN process in an ethical manner. The U.S. Supreme Court determined in the 1895 case Sparf v. United States that jurors, who have the power to nullify the law in rendering a general verdict, can also be kept ignorant of their power of nullification. U.S. constitutional laws and several other JN cases are examined.
The Binary Search Doctrine, Laurent Sacharoff
The Binary Search Doctrine, Laurent Sacharoff
Hofstra Law Review
The article discusses a binary search doctrine in relation to a right to privacy in America, the Fourth Amendment to the U.S. Constitution, and searches of automobiles, homes, and persons as of 2014. Legal cases involving police drug sniffing dogs are addressed, along with a right to seclusion and the legal aspects of drug-analyses involving blood, urine, and breath tests. Legal protections for personal facts and data are examined, along with child pornography laws
What You Do Not Know Can Hurt You: How The Finra Expungement Process Is Endangering Future Investors Through A Lack Of Information, James T. Farris
What You Do Not Know Can Hurt You: How The Finra Expungement Process Is Endangering Future Investors Through A Lack Of Information, James T. Farris
Hofstra Law Review
The article discusses the ways in which the U.S. Financial Industry Regulatory Authority Inc.'s (FINRA's) expungement process is endangering future investors in America through a lack of information sharing, and it mentions the laws governing the nation's securities industry, as well as the legal obligations of brokers. FINRA's Broker Check online database is mentioned, along with the efforts to protect investors from fraudulent brokers. U.S. government agency rules are also examined.
Repealing Physician-Only Laws: Undoing The Burden Of Gestational Age Limits, Ada Kozicz
Repealing Physician-Only Laws: Undoing The Burden Of Gestational Age Limits, Ada Kozicz
Hofstra Law Review
The article discusses a proposal to undo the burden of gestational age limits in state abortion laws in America by repealing physician-only laws, and it mentions the possible establishment of an undue burden legal standard, as well as information about several abortion-related legal cases such as Roe v. Wade and Planned Parenthood of Southern Pennsylvania v. Casey. U.S. constitutional laws and bans on abortion are examined, as well as the qualifications of non-physician clinicians.
Regulating In The Dark And A Postscript Assessment Of The Iron Law Of Financial Regulation, Roberta Romano
Regulating In The Dark And A Postscript Assessment Of The Iron Law Of Financial Regulation, Roberta Romano
Hofstra Law Review
The article discusses several aspects of America's financial regulations as of 2014, and it mentions the U.S. Congress, the process of regulating during a financial crisis, and statutes such as the U.S. Sarbanes-Oxley Act of 2002 and the nation's Dodd-Frank Wall Street Reform and Consumer Protection Act. Systemic risk and the global financial system are examined, along with the bribery provisions of the U.S. Foreign Corrupt Practices Act of 1977.
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Hofstra Law Review
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 legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …
Underemployed Attorneys And Underserved Communities: Getting To The Corps Of The Problem, Angela M. Burton
Underemployed Attorneys And Underserved Communities: Getting To The Corps Of The Problem, Angela M. Burton
Hofstra Law Review
The article discusses several issues involving underemployed attorneys and underserved communities in America as of 2014, and it mentions pro se representation and various legal service providers such as Legal Services Corporation, Civic Legal Corps, and New York, New York's Legal Aid Society. The author claims that a glut of unemployed law school graduates in America should be viewed as a resource allocation problem. The Teach For America Inc. social program is also examined.