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Articles 1 - 30 of 58
Full-Text Articles in Law
Brady V. Maryland, Attorney Discipline, And Materiality: Failed Investigations, Long-Chain Evidence, And Beyond, David Crump
Brady V. Maryland, Attorney Discipline, And Materiality: Failed Investigations, Long-Chain Evidence, And Beyond, David Crump
Hofstra Law Review
The article discusses the legal concept known as the Brady doctrine, derived from the U.S. Supreme Court case Brady v. Maryland, particularly the requirement of materiality on the part of the government. It examines Rule 3.8(e) of the "D.C. Rules of Professional Conduct," examples of the Brady doctrine, and related cases such as Smith v. Cain, Connick v. Thompson, and In re Kline.
Wrongfully Convicted In California: Are There Connections Between Exonerations, Prosecutorial And Police Procedures, And Justice Reforms, Justin Brooks, Zachary Brooks
Wrongfully Convicted In California: Are There Connections Between Exonerations, Prosecutorial And Police Procedures, And Justice Reforms, Justin Brooks, Zachary Brooks
Hofstra Law Review
The article discusses possible connections between judicial reform and police procedures in wrongfully convicted exonerations in the California judicial system. It presents statistics concerning wrongful convictions in California, the concept of misidentification in wrongful convictions, false confessions, and misleading DNA and forensic evidence.
Tunnel Vision: Causes, Effects, And Mitigation Strategies, Brian Reichart
Tunnel Vision: Causes, Effects, And Mitigation Strategies, Brian Reichart
Hofstra Law Review
The author discusses his experience concerning a case of actual innocence involving murder defendant Patricia "Patty" Prewitt with little chance of judicial remedy because of what is referred to as tunnel vision via confirmation bias on the part of legal authorities concerning the criminal investigation and subsequent trial of Prewitt, particularly a single-minded theory of culpability based on the gathered evidence. The article also discusses possible strategies of tunnel vision mitigation.
Contemporary Perspectives On Wrongful Conviction: An Introduction To The 2016 Innocence Network Conference, San Antonio, Texas, Gwen Jordan, Aliza B. Kaplan, Valena Beety, Kieth A. Findley
Contemporary Perspectives On Wrongful Conviction: An Introduction To The 2016 Innocence Network Conference, San Antonio, Texas, Gwen Jordan, Aliza B. Kaplan, Valena Beety, Kieth A. Findley
Hofstra Law Review
An introduction is presented that discusses various articles in the journal on the concept of wrongful conviction that were featured at the Innocence Network Conference in San Antonio, Texas, in April 2016.
Strange Bedfellows: Can Insurers Play A Role In Advancing Gideon's Promise, Jacqueline Mcmurtrie
Strange Bedfellows: Can Insurers Play A Role In Advancing Gideon's Promise, Jacqueline Mcmurtrie
Hofstra Law Review
The article discusses the role of insurers in advancing the principle of public defenders set out in the U.S. Supreme Court case Gideon v. Wainwright, specifically the role of the group the Washington Cities Insurance Association (WCIA) in working with municipalities such as Mount Vernon, Washington, and Burlington, Washington, to bring public defense contracts into compliance with the decision in the Washington Supreme Court case Wilbur v. City of Mount Vernon.
The Worst Of The Worst: Heinous Crimes And Erroneous Evidence, Scott Phillips, Jamie Richardson
The Worst Of The Worst: Heinous Crimes And Erroneous Evidence, Scott Phillips, Jamie Richardson
Hofstra Law Review
The article discusses research conducted by scholar Samuel Gross and others on the question of whether the seriousness of a crime more often leads to wrongful convictions in the U.S. justice system, utilizing data from the U.S. National Registry of Exonerations (NRE) from 1989 to 2014. The article discusses various aspects of serious crimes, aggressive interrogation, and false confession.
Political Prosecutions In Ukraine: The Case Of Yulia Tymoshenko, Oleksandr Zadorozhnii
Political Prosecutions In Ukraine: The Case Of Yulia Tymoshenko, Oleksandr Zadorozhnii
Hofstra Law Review
The article discusses the political nature of prosecutions against former Ukraine prime minister Yulia Tymoshenko amid the events known as the Revolution of Dignity, particularly the case against Tymoshenko concerning the negotiations of gas contracts on behalf of Ukraine state-owned firm Naftogaz and Russian firm Gazprom, following testimony given by former Ukraine president Viktor Yushchenko.
Ameliorating Lethal Injection By Using Bispectral Index Monitoring Of Inmates To Help Ensure A More Humane Death, Jennifer E. Mayer
Ameliorating Lethal Injection By Using Bispectral Index Monitoring Of Inmates To Help Ensure A More Humane Death, Jennifer E. Mayer
Hofstra Law Review
The article discusses the use of bispectral index (BIS) monitoring of capital punishment inmates in order to attempt to prevent what are referred to as botched executions that can lead to inhumane deaths of capital punishment inmates during their executions. The article refers to the U.S. Supreme Court case Baze v. Rees.
The Neglected History Behind Preble V. Maine Central Railroad Company: Lessons From The "Maine Rule" For Adverse Possession, Luke Meier
Hofstra Law Review
Under the “Maine Rule” for adverse possession, only possessors who have the requisite intent can perfect an adverse possession claim. The Maine Rule has been consistently criticized. The history behind the adoption of the Maine Rule, however, and the purpose it was to serve, have been ignored. This Article fills that void. This inquiry leads to some surprising revelations about the Maine Rule. The Maine Rule was originally adopted so as to distinguish prior Maine cases rejecting adverse possession in mistaken boundary situations. The purpose behind the Maine Rule, then, was to enable—rather than prohibit— adverse possession. The history surrounding …
The Ongoing Abuse Of Unpaid Interns: How Much Longer Until I Get Paid, Jessica Greenvald
The Ongoing Abuse Of Unpaid Interns: How Much Longer Until I Get Paid, Jessica Greenvald
Hofstra Law Review
The article discusses what is referred to as a lack of U.S. federal regulation for unpaid interns and the exploitation and abuse of unpaid interns, the U.S. Fair Labor Standards Act of 1938 (FLSA), and a six-factor test established by the U.S. Department of Labor (DOL) to assist courts in determining the status of employees and unpaid interns.
Expanding The Reach Of The Commodity Exchange Act's Antitrust Considerations, Gregory Scopino
Expanding The Reach Of The Commodity Exchange Act's Antitrust Considerations, Gregory Scopino
Hofstra Law Review
The article discusses the expansion of the U.S. legislation the Commodity Exchange Act (CEA) regarding antitrust law. It discusses the role of the U.S. agency the Commodity Futures Trading Commission (CFTC) and CFTC regulations with an emphasis on the U.S. legislation the Sherman Act of 1890, enforcement actions the CFTC can bring, and analyzes a section of the CFTC implementing rule known as CFTC Regulation 23.607. The article also discusses the significance of the Dodd-Frank Act.
Better Keep Your Hands On The Wheel In That Autonomous Car: Examining Society's Need To Navigate The Cybersecurity Roadblocks For Intelligent Vehicles, Christopher Wing
Better Keep Your Hands On The Wheel In That Autonomous Car: Examining Society's Need To Navigate The Cybersecurity Roadblocks For Intelligent Vehicles, Christopher Wing
Hofstra Law Review
The article discusses the potential societal and legal impact of autonomous vehicles, particularly the lack of regulation concerning potential cyber hackers of autonomous vehicles. The article also argues in favor of regulation of autonomous vehicle liability via a U.S. federal statute that takes into account various elements, specifically specialized operations licenses. The article discusses the National Traffic and Motor Vehicle Safety Act of 1966 and the Highway Safety Act of 1970.
Hofstra Mission Critical: The Unified Behavioral Health Center, Mayer Bellehsen, Valentina Stoycheva
Hofstra Mission Critical: The Unified Behavioral Health Center, Mayer Bellehsen, Valentina Stoycheva
Hofstra Law Review
No abstract provided.
Burden Of Mental Illness Among Veterans Seen In Va Primary Care And The Positive Effects Of Recent Vha Initiatives, Ranak Trivedi
Burden Of Mental Illness Among Veterans Seen In Va Primary Care And The Positive Effects Of Recent Vha Initiatives, Ranak Trivedi
Hofstra Law Review
No abstract provided.
Tipping The Scales Against Insider Trading: Adopting A Presumption Of Personal Benefit To Clarify Dirks, Ronald J. Colombo
Tipping The Scales Against Insider Trading: Adopting A Presumption Of Personal Benefit To Clarify Dirks, Ronald J. Colombo
Hofstra Law Review
In this article, Professor Colombo anticipates the Supreme Court’s recent 8-0 decision in Salman v. United States (2016).The appropriate standard for assessing tipper-tippee liability for insider trading has been unsettled ever since the Court last spoke on the issue, in Dirks v. SEC (1983). This is due to Dirks’s unclear language, which appeared to articulate an unworkable standard predicated upon “personal benefit.” The lower courts have struggled to define this concept of “personal benefit.”The Ninth Circuit adopted an approach in which the personal benefit was essentially presumed, so long as the tips in question were made to a friend or …
Vulnerable And Inadequately Protected: Solitary Confinement, Individuals With Mental Illness, And The Laws That Fail To Protect, Melanie Campbell
Vulnerable And Inadequately Protected: Solitary Confinement, Individuals With Mental Illness, And The Laws That Fail To Protect, Melanie Campbell
Hofstra Law Review
No abstract provided.
Stopping Doctor Evil: How To Prevent The Prevalence Of Health Care Providers Sexually Abusing Sedated Patients, Nanci Hamilton
Stopping Doctor Evil: How To Prevent The Prevalence Of Health Care Providers Sexually Abusing Sedated Patients, Nanci Hamilton
Hofstra Law Review
No abstract provided.
A Most Adequate Response To Excessive Shareholder Litigation, Lawrence A. Hamermesh
A Most Adequate Response To Excessive Shareholder Litigation, Lawrence A. Hamermesh
Hofstra Law Review
Although Delaware statutes as recently amended prohibit charter and bylaw provisions that would shift fees to stockholders in litigation involving the corporation’s internal affairs, those statutes leave open the possibility that charter and bylaw provisions may regulate other aspects of such stockholder litigation, in addition to choice of forum. This article suggests that the enforceability of such provisions should depend on their tendency to deter or eliminate meritless litigation while not unduly deterring meritorious litigation. The article examines a bylaw under which a stockholder claim would be dismissed if a committee chosen by the largest stockholders affirmatively supported such dismissal. …
Foreword, Janet Dolgin
Health Care Issues For Veterans, Kristina Derro
Health Care Issues For Veterans, Kristina Derro
Hofstra Law Review
No abstract provided.
Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts
Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts
Hofstra Law Review
No abstract provided.
Black Boys Matter: Developmental Equality, Nancy E. Dowd
Black Boys Matter: Developmental Equality, Nancy E. Dowd
Hofstra Law Review
The life course of Black boys is a stark reminder of the realities of inequality. While recent attention to policing and high profile deaths of Black youth and adults has raised consciousness of life-threatening situations, this focus exposes the most visceral and deadly aspect of a much larger set of issues. Those issues begin at birth, and are powerfully framed before adulthood, creating inequality particularly when the individual is most vulnerable, in childhood. This Article confronts the inequalities of Black boys and their subordination, as a vehicle to expose inequalities more generally based on children’s identities. The life course of …
Shaping Expectations About Dads As Caregivers: Toward An Ecological Approach, Holning Lau
Shaping Expectations About Dads As Caregivers: Toward An Ecological Approach, Holning Lau
Hofstra Law Review
A growing number of men embrace childcare responsibilities traditionally associated with women. Yet fathers who wish to be caregivers often face impediments. Legal scholars have focused attention on one of these impediments, the lack of workplace paternity leave, by calling on the government to mandate leave for new fathers. In this Essay, I argue that the focus on workplace policies is much too narrow. In light of cultural norms in the United States, there will be difficulty passing national legislation mandating paternity leave. Moreover, men shoulder cultural pressure not to take paternity leave even when it is offered. This Essay …
Public Responsibllities Beyond Consent: Rethinking Contract Theory, Leon E. Trakman
Public Responsibllities Beyond Consent: Rethinking Contract Theory, Leon E. Trakman
Hofstra Law Review
No abstract provided.
Is A "Hit-And-Wait" Really Any Better Than A "Hit-And-Run"?, Samuel E. Plutchok
Is A "Hit-And-Wait" Really Any Better Than A "Hit-And-Run"?, Samuel E. Plutchok
Hofstra Law Review
No abstract provided.
In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor, Bennett L. Gershman
In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor, Bennett L. Gershman
Hofstra Law Review
I’ve chosen to honor Monroe Freedman’s iconic essay on the hardest questions for a criminal defense attorney by posing the same question for prosecutors. What is the hardest question for a prosecutor? This in itself is a hard question. The thousands of federal, state, and local prosecutors in the country would likely give widely varying responses – discretionary charging, immunity grants, bargained pleas, unreliable witnesses, police testimony, and disclosure duties, for starters. Too, prosecutors are not a generic group. Just as some defense lawyers might recoil or be indifferent to Freedman’s provocative thesis, so might many prosecutors reject or be …