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Articles 12001 - 12030 of 12821
Full-Text Articles in Law
The Indignities Of Civil Litigation, Matthew A. Shapiro
The Indignities Of Civil Litigation, Matthew A. Shapiro
Hofstra Law Faculty Scholarship
Dispute resolution has become increasingly shrouded in secrecy, with the proliferation of protective orders in discovery, confidential settlement agreements, and private arbitration. While many civil procedure scholars have criticized this trend for undermining the systemic benefits of public adjudication, the desirability of secrecy in civil litigation proves to be a much more complicated question.
On the one hand, some of those same scholars have recently sought to justify civil litigation in terms that, ironically, highlight the benefits of secrecy. Although this new justification remains somewhat inchoate, it is best understood as a claim that the procedures of civil litigation allow …
Law Students And Cell Phone Use: Results Of A Six-School Survey, Linda Galler, Robert M. Jarvis, Cindy I.T. Archer, Hugh D. Spitzer, Jodi Wilson, Mark E. Wojcik
Law Students And Cell Phone Use: Results Of A Six-School Survey, Linda Galler, Robert M. Jarvis, Cindy I.T. Archer, Hugh D. Spitzer, Jodi Wilson, Mark E. Wojcik
Hofstra Law Faculty Scholarship
The sight of a law student using his or her cell phone now is so common that law professors do not give it a second though. But what, exactly, is the student doing? Texting with friends? Shopping? Watching a movie? To try to find out, during the Fall 2019 semester we asked our six diverse law schools to take an online survey consisting of eighteen questions. To our knowledge, this is the first phone survey of law students.
This paper presents the results of the survey, exploring applications used (text, social media, email, etc.) and differences by audience (e.g., whether …
Local Offenses, Brenner M. Fissell
Local Offenses, Brenner M. Fissell
Hofstra Law Faculty Scholarship
Criminal law is generally thought to exist within two jurisdictional levels: federal and state. Neglected in the legal mind, and in legal scholarship, is the vast body of criminal law promulgated by local governments. While one should ask “what” is being criminalized by cities, towns, and villages, one should also ask “how” these offenses are written. The offense drafting practices reflected in state criminal law have been extensively studied, but this has never been attempted for local offenses. This Article undertakes that task. After surveying a large number of local criminal codes, the Article concludes that local offenses routinely fail …
Through The Guardianship Looking Glass: A Personal Perspective On Conflicting Commitments, Susan Greene
Through The Guardianship Looking Glass: A Personal Perspective On Conflicting Commitments, Susan Greene
Hofstra Law Faculty Scholarship
The imposition of a guardianship exacts an extraordinary toll on both the life of the person subjected to the guardianship, curtailing fundamental freedoms and basic civil liberties, and the life of the guardian, redirecting to that guardian the overwhelming burden of taking on a decision‐making role that should ordinarily belong to another human being. This Article will examine the legal framework governing the decision-making role of a guardian and suggest that, while many guardianship statutes propose to compel a guardian to make decisions in line with the known desires of a ward, few guardianship statutes are flexible enough to account …
The Cynical Successes Of The Guantánamo Bay Military Commissions, G. Alex Sinha
The Cynical Successes Of The Guantánamo Bay Military Commissions, G. Alex Sinha
Hofstra Law Faculty Scholarship
Since they were first authorized in the weeks after the 9/11 attacks, the Guantanamo Bay Military Commissions--special military tribunals for the trial of certain terror suspects--have generated eight minor convictions at a cost of over one billion dollars. Nearly half of the convictions have been vacated on appeal. The three ongoing contested cases, including the case against those accused of complicity in the 9/11 attacks, remain mired in pretrial proceedings. The biggest storylines emanating from the commissions do not concern convictions, but rather government surveillance of the defense teams and the compelled recusal of judges for the appearance of partiality …
Empathy And Worthiness: The Modern Victims' Rights Movement And The Growth Of Mass Incarceration, Samantha Dresner
Empathy And Worthiness: The Modern Victims' Rights Movement And The Growth Of Mass Incarceration, Samantha Dresner
Scripps Senior Theses
The Victims' Rights Movement emerged in the 1970s and 1980s, at the same time as the War on Drugs and War on Crime were driving mass incarceration at unprecedented levels. This paper examines the historical roots of the victims' rights movement and its evolution from grassroots organizing into a tool of state power. It interrogates the meaning of "worthy" victims, and looks into the landmark Supreme Court case Payne v. Tennessee as an example of victim impact evidence being used to support the state project of the death penalty.
Annual Report 2019-2020, Ira M. Millstein Center For Global Markets And Corporate Ownership
Annual Report 2019-2020, Ira M. Millstein Center For Global Markets And Corporate Ownership
Ira M. Millstein Center for Global Markets and Corporate Ownership
Looking back on the 2019-2020 academic year, we are pleased to reflect on another highly productive period for the Millstein Center.
Introduction: Remedies Discussion Forum, Russell L. Weaver
Introduction: Remedies Discussion Forum, Russell L. Weaver
FIU Law Review
No abstract provided.
Independent Creation In A World Of Ai, Clark D. Asay
Independent Creation In A World Of Ai, Clark D. Asay
FIU Law Review
No abstract provided.
Can Algorithms Promote Fair Use?, Peter K. Yu
Welcome To The Party: Creating A Responsible Third-Party Litigation Finance Industry To Increase Access And Options For Plaintiffs, Christopher Mendez
Welcome To The Party: Creating A Responsible Third-Party Litigation Finance Industry To Increase Access And Options For Plaintiffs, Christopher Mendez
MC Law Review
No abstract provided.
Death With Dignity: An Option Denied To Children Of The United States, Katherine M. Gargiulo
Death With Dignity: An Option Denied To Children Of The United States, Katherine M. Gargiulo
MC Law Review
No abstract provided.
Expanding Expropriation: The Subordination Of Property Rights To Eminent Domain In St. Bernard Port, Harbor & Terminal District. V. Violet Dock Port, Inc. Llc, Stephen Marsalis
Expanding Expropriation: The Subordination Of Property Rights To Eminent Domain In St. Bernard Port, Harbor & Terminal District. V. Violet Dock Port, Inc. Llc, Stephen Marsalis
MC Law Review
No abstract provided.
Introduction, Christina Marie Nunez
The International Joint Commission And Air Pollution: A Tale Of Two Cases, Owen Temby, Don Munton
The International Joint Commission And Air Pollution: A Tale Of Two Cases, Owen Temby, Don Munton
School of Earth, Environmental, & Marine Sciences Faculty Publications
No abstract provided.
Private Law Remedies And Public Law Standards: An Awkward Statutory Intrusion Into Tort Liability Of Public Authorities, Margaret Allars
Private Law Remedies And Public Law Standards: An Awkward Statutory Intrusion Into Tort Liability Of Public Authorities, Margaret Allars
FIU Law Review
No abstract provided.
Evolution And Revolution: The Remedial Smorgasbord For Misleading Conduct In Australia, Elise Bant, Jeannie Marie Paterson
Evolution And Revolution: The Remedial Smorgasbord For Misleading Conduct In Australia, Elise Bant, Jeannie Marie Paterson
FIU Law Review
No abstract provided.
Negotiating Damages In English Contract Law, Sirko Harder
Negotiating Damages In English Contract Law, Sirko Harder
FIU Law Review
No abstract provided.
Restitutionary Remedies In Three-Party Cases: A Comparative Perspective, John D. Mccamus
Restitutionary Remedies In Three-Party Cases: A Comparative Perspective, John D. Mccamus
FIU Law Review
No abstract provided.
Going Bare In The Law Of Assignments: When Is An Assignment Champertous?, Anthony Sebok
Going Bare In The Law Of Assignments: When Is An Assignment Champertous?, Anthony Sebok
FIU Law Review
No abstract provided.
Nationwide Injunctions, Russell L. Weaver
Just A Minute, Isn’T That De Minimis: California Should Not Burden Or Require National Employers To Compensate Employees For De Minimis Off-The-Clock Work Activities, Alan Persaud
FIU Law Review
No abstract provided.
The Distraction That Is Stand Your Ground, Katryna Santa Cruz
The Distraction That Is Stand Your Ground, Katryna Santa Cruz
FIU Law Review
No abstract provided.