Law Commons^™

Foreign Corruption Of The Political Process Through Social Welfare Organizations, Norman I. Silber

Hofstra Law Faculty Scholarship

This article examines alternative ways in which nonprofit social welfare organizations might be held accountable for channeling illegal foreign contributions to favored political candidates. Dangers intrinsic to allowing foreign countries, foreign nationals, and foreign corporations to influence the American electoral process have justified an outright prohibition on this conduct; clandestine channeling of foreign funds directly from political organizations or indirectly through religious organizations and into the hands of political candidates has been prosecuted previously. This exploration is prompted by the emerging possibility that during the Congressional elections of 2016 and the Presidential election of that year, large-scale, illegal donations from …

(Un)Civil Denaturalization, Cassandra Burke Robertson, Irina D. Manta

Hofstra Law Faculty Scholarship

Over the last fifty years, naturalized citizens in the United States were able to feel a sense of finality and security in their rights. Denaturalization, wielded frequently as a political tool in the McCarthy era, had become exceedingly rare. Indeed, denaturalization was best known as an adjunct to criminal proceedings brought against former Nazis and other war criminals who had entered the country under false pretenses.

Denaturalization is no longer so rare. Naturalized citizens’ sense of security has been fundamentally shaken by policy developments in the last five years. The number of denaturalization cases is growing, and if current trends …

A Political Interpretation Of Vagueness Doctrine, Guyora Binder, Brenner M. Fissell

Hofstra Law Faculty Scholarship

The “void-for-vagueness” doctrine requires the specific definition of criminal offenses. In this Article, though, we claim it does more: it largely restricts criminalization decisions to legislatures, which are unlikely to criminalize conduct they see as both harmless and widespread. Thus, rather than constitutionalizing the harm principle and thereby assuming a judicial obligation to define harm, the Supreme Court has used the vagueness doctrine to constrain majorities to make their own assessments of harmfulness. While American law has no explicit requirements that criminal liability be created by legislation or conditioned on harm, the vagueness doctrine achieves those ends indirectly.

Taking Stock Of The Benefit Corporation, Ronald J. Colombo

Hofstra Law Faculty Scholarship

Almost a decade ago, the “benefit corporation” made its first appearance on American soil. Its supporters proclaimed that this would usher in a new era of corporate social responsibility. Its detractors complained, among other things, that the Benefit Corporation would facilitate managerial abuses that corporate law had worked so hard to curb. After nearly ten years of experience with the benefit corporation, who was the more accurate prognosticator? Moreover, has the benefit corporation given rise to developments, whether beneficial or negative, that were not expected or foreseen?

This article traces the history of the benefit corporation, with a focus on …

Judge Damon Keith: The Judicial Antidote To Judge Julius Hoffman - Challenging Claims Of Unilateral Executive Authority, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

From some of the highly-publicized trials of the 1960's - namely the trials of the Chicago Eight, Panther Twenty-One, Weathermen - we can draw indispensable lessons about the role of the judges in upholding and promoting a fair justice system. The contract to Judge Julius Hoffman's notorious injudicious conduct in the Chicago 8 case is the courageous, thoughtful Judge Damon Keith, in the less publicized White Panther case in Detroit in the early 1970's. Judge Keith's overriding sense of fairness, exemplified the best of judicial independence in considering President Nixon's claims of unilateral executive authority in US v. Ayers and …

Regulation Of Lawyers In Government Beyond The Representation Role, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

The article focuses on legal ethics issues for government lawyers in the U.S. Topics discussed include laws governing disciplinary consequence for lawyers who have engaged in criminal conduct under the American Bar Association's Model Rules of Professional Conduct; the U.S. President Donald Trump's relationship with intelligence agencies; and the U.S. Supreme Court case New York Times Co. v. Sullivan on defamation.

Explaining Criminal Sanctions In Intellectual Property Law, Irina D. Manta

Hofstra Law Faculty Scholarship

This symposium piece first seeks to unpack the relationship between intellectual property infringement and property offenses, and then to understand how the connection between the two has informed when the former is criminalized. The piece examines the porous nature of the boundary line between intangible and tangible resources, showing the at-times uncomfortable fit of the non-rivalrous label to intellectual property. An analysis of the respective harms of the two types of violations follows. This symposium contribution shows how lawmakers have treated patents differently from other forms of intellectual property by choosing not to criminalize their infringement, due both to utilitarian …

Tinder Lies, Irina D. Manta

Hofstra Law Faculty Scholarship

The rise of Internet dating—in recent years especially through the use of mobile-based apps such as Tinder or Bumble—forces us to reexamine an old problem in the law: how to handle sexual fraud. Many people with romantic aspirations today meet individuals with whom they do not share friends or acquaintances, which allows predators to spin tales as to their true identities and engage in sexual relations through the use of deceit on a greater scale than was previously practicable. Indeed, according to some studies, about eighty percent of individuals lie on at least some part of their online dating profiles, …

A Pluralistic Approach To Mediation Ethics: Delivering On Mediation's Different Promises, Robert A. Baruch Bush

Hofstra Law Faculty Scholarship

The article explores a pluralistic approach to mediator ethics by examining a hypothetical case involving a classic dilemma confronted by practicing facilitative and transformative mediators. In the case, a divorced couple fight over full custody of their 11-year-old daughter. Also cited are the dilemma confronting the mediator as s/he is against the agreement reached by the couple, the nature of ethical dilemma, as well as the mediation codes and models.

The Need For Peer Mentoring Programs Linked To The Legal Writing Class: An Analysis And Proposed Model, Amy R. Stein

Hofstra Law Faculty Scholarship

No abstract provided.

Active Firms And Active Shareholders: Corporate Political Activity And Shareholder Proposals, Geeyoung Min, Hye Young You

Ira M. Millstein Center for Global Markets and Corporate Ownership

This article reveals the positions of corporations not only as active players in politics but also as targets of activist shareholders with opposing political preferences. We examine whether a firm’s political orientation, as measured by its political spending, serves as a driver of shareholder proposal submissions, one manifestation of shareholder activism. Using data on S&P 500 companies for 1997–2014, we find that the divergence in political orientation between shareholders and corporate management is strongly associated with the number of submissions of shareholder proposals on environmental or social issues. Firms that contribute more to the Republican Party are more likely to …

Annual Report 2018, Ira M. Millstein Center For Global Markets And Corporate Ownership

Ira M. Millstein Center for Global Markets and Corporate Ownership

We are excited to update you after a very active 2018, which brought about positive change here at the Millstein Center.

Giving The Treaty A Purpose: Comparing The Durability Of Treaties And Executive Agreements, Julian Nyarko

Ira M. Millstein Center for Global Markets and Corporate Ownership

Scholars have argued that Senate-approved treaties are becoming increasingly irrelevant in the United States, because their role can be fulfilled by their close but less politically costly cousin, the congressional-executive agreement. This study demonstrates that treaties are more durable than congressional-executive agreements, supporting the view that there are qualitative differences between the two instruments. Abandoning the treaty may therefore lead to unintended consequences by decreasing the tools that the executive has available to design optimal agreements.

The Limits Of Smart Contracts, Jens Frankenreiter

Ira M. Millstein Center for Global Markets and Corporate Ownership

This essay investigates the potential of smart contracts to replace the legal system as an infrastructure for transactions. It argues that (contract) law remains relevant for most transactions even if they are entirely structured by way of smart contract. The reason for this is that the power of smart contracts to create and enforce obligations against attempts by the legal system to thwart their execution is limited. These limitations are most relevant for obligations to perform certain actions outside the blockchain, but also apply to other obligations contingent on facts outside the records stored on the blockchain.

Functionalism And The Infield Fly Rule, Mark A. Graber

FIU Law Review

No abstract provided.

The International Law Commission’S Return To The Law Of Sources Of International Law, Danae Azaria

FIU Law Review

No abstract provided.

The Prehistory Of The Infield Fly Rule, Richard Hershberger

FIU Law Review

No abstract provided.

The Puzzle Of The Infield Fly Rule, Spencer Weber Waller

FIU Law Review

No abstract provided.

Editorial Board

FIU Law Review

No abstract provided.

70 Years Of The International Law Commission, Its Future Role In The Changing Landscape Of International Law And The Small-Developing States Nexus, Michael Imran Kanu

FIU Law Review

No abstract provided.

The International Law Commission And The Progressive Development And Codification Of Principles Of International Environmental Law, Nilüfer Oral

FIU Law Review

No abstract provided.

Table Of Contents

FIU Law Review

No abstract provided.

Editorial Board

FIU Law Review

No abstract provided.

Publisher

FIU Law Review

No abstract provided.

Summary Of The Proceedings, Scott F. Norberg

FIU Law Review

No abstract provided.

The New Normal Ten Years In: The Job Market For New Lawyers Today And What It Means For The Legal Academy Tomorrow, Bernard A. Burk

FIU Law Review

No abstract provided.

More Transparency, Please, Kyle Mcentee

FIU Law Review

No abstract provided.

Ringing Changes: Systems Thinking About Legal Licensing, Joan W. Howarth, Judith Welch Wegner

FIU Law Review

No abstract provided.

Cooperative Rape, Gabriel M. Glasser

FIU Law Review

No abstract provided.

The Constitutional Risks Of Ridesharing: Fourth Amendment Protections Of Passengers In Uber And Lyft, Genesis Martinez

FIU Law Review

No abstract provided.