Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 20 of 20
Full-Text Articles in Law
Pushing For The Injury: Tort Law's Influence In Defining The Constitutional Limitations On Punitive Damage Awards, Jill Wieber Lens
Pushing For The Injury: Tort Law's Influence In Defining The Constitutional Limitations On Punitive Damage Awards, Jill Wieber Lens
Hofstra Law Review
The limitations on a punitive damage award depend on the conception of punitive damages. Is it a private law remedy, limited to resolving the dispute between the parties? Or is it a public law remedy, capable of addressing public harm and achieving public good? The Supreme Court has not wavered from public law ideas of punitive damages - that the damages serve the state’s interests and are similar to criminal punishments. At the same time, the Court has focused on the actual injury to the plaintiff in its holdings and prohibited punitive damages from punishing harm to nonparties, indicating that …
Giving Public Opinion The Process That Is Due: What The Supreme Court Can Learn From Its Eighth Amendment Jurisprudence, Rebecca Wilhelm
Giving Public Opinion The Process That Is Due: What The Supreme Court Can Learn From Its Eighth Amendment Jurisprudence, Rebecca Wilhelm
Hofstra Law Review
No abstract provided.
Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg
Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg
Hofstra Labor & Employment Law Journal
No abstract provided.
Heightened Notice Means Heightened Problems: Due Process Notice Concerns When Discharging Student Loan Debts Under Chapter 13, Nickolas Karavolas
Heightened Notice Means Heightened Problems: Due Process Notice Concerns When Discharging Student Loan Debts Under Chapter 13, Nickolas Karavolas
Hofstra Law Review
No abstract provided.
Holding The Due Process Line For Asylum, Linda Kelly Hill
Holding The Due Process Line For Asylum, Linda Kelly Hill
Hofstra Law Review
No abstract provided.
Asylum And Oral Argument: The Judiciary In Immigration And The Second Circuit Non-Argument Calendar, Erick Rivero
Asylum And Oral Argument: The Judiciary In Immigration And The Second Circuit Non-Argument Calendar, Erick Rivero
Hofstra Law Review
No abstract provided.
Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein
Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein
Hofstra Law Review
Over the years, a pattern has emerged where judges routinely engage in practices that violate the constitutional rights of the defendants who come before them, and which run counter to the ethical conduct that we have a right to expect and demand from those empowered to engage in critical decisions concerning the liberty of our citizens. The Supreme Court, when it held that plea bargaining between a prosecutor and defense counsel did not violate the defendant's constitutional rights, offered a caveat: "Of course, the agents of the State may not produce a plea by actual or threatened physical harm or …
Defense-Oriented Judges, Abbe Smith
Defamed But Retained Public Employees: Addressing A Gap In Due Process Jurisprudence, Nat Stern
Defamed But Retained Public Employees: Addressing A Gap In Due Process Jurisprudence, Nat Stern
Hofstra Law Review
No abstract provided.
Fathers Are Parents Too: Challenging Safe Haven Laws With Procedural Due Process, Dayna R. Cooper
Fathers Are Parents Too: Challenging Safe Haven Laws With Procedural Due Process, Dayna R. Cooper
Hofstra Law Review
No abstract provided.
Postcards From The Bench: Federal Habeas Review Of Unarticulated State Court Decisions, Monique Anne Gaylor
Postcards From The Bench: Federal Habeas Review Of Unarticulated State Court Decisions, Monique Anne Gaylor
Hofstra Law Review
No abstract provided.
An Extended Presence, Interstate Style: First Notes On A Theme From Saenz, Bernard E. Jacob
An Extended Presence, Interstate Style: First Notes On A Theme From Saenz, Bernard E. Jacob
Hofstra Law Review
No abstract provided.
Minor Rights: The Adolescent Abortion Cases, Martin Guggenheim
Minor Rights: The Adolescent Abortion Cases, Martin Guggenheim
Hofstra Law Review
This article focuses on two Supreme Court decisions (Planned Parenthood v. Danforth and Bellotti v. Baird) in which the Court redefined the entire conception of children's rights. The article suggests that the Supreme Court used a construct of children's constitutional "rights" to restrict the rights of children. By doing so, the Court decisively derailed an incipient children's rights movement that had the potential to liberate children from the dominion of adults. In Danforth, the Court considered for the first time the constitutionality of a state statute that contained a mandatory parental consent provision. The Court struck down that part of …
The "Third Option": Extending The Lesser Included Offense Doctrine To The Non-Capital Context, Deanna Hall
The "Third Option": Extending The Lesser Included Offense Doctrine To The Non-Capital Context, Deanna Hall
Hofstra Law Review
No abstract provided.
Geoffrey Sidesteps Quill: Constitutional Nexus, Intangible Property And The State Taxation Of Income, Michael T. Fatale
Geoffrey Sidesteps Quill: Constitutional Nexus, Intangible Property And The State Taxation Of Income, Michael T. Fatale
Hofstra Law Review
This article evaluates the correctness of the decison in Geoffrey, Inc. v. South Carolina Tax Commission, 437 S.E.2d 13 (S.C.), cert. denied, 510 US 992 (1993), which held that the "physical presence" standard for determining state tax jurisdiction, as articulated in Quill Corp. v. North Dakota, 504 U.S. 298 (1992), does not apply in the context of a corporate income tax.
Twenty-Years Of Diminishing Protection: A Proposal To Return To The Wade Trilogy's Standards, David E. Paseltiner
Twenty-Years Of Diminishing Protection: A Proposal To Return To The Wade Trilogy's Standards, David E. Paseltiner
Hofstra Law Review
No abstract provided.
Impoundment Procedures Under The Copyright Act: The Constitutional Infirmities, Paul S. Owens
Impoundment Procedures Under The Copyright Act: The Constitutional Infirmities, Paul S. Owens
Hofstra Law Review
No abstract provided.
The Constitution And Legislative Jurisdiction, James A. Martin
The Constitution And Legislative Jurisdiction, James A. Martin
Hofstra Law Review
No abstract provided.
Administrative Due Process As Social-Cost Accounting, Jerry L. Mashaw
Administrative Due Process As Social-Cost Accounting, Jerry L. Mashaw
Hofstra Law Review
No abstract provided.
Constitutional Limitations On Choice Of Law: The Perspective Of Constitutional Generalism, Robert A. Sedler
Constitutional Limitations On Choice Of Law: The Perspective Of Constitutional Generalism, Robert A. Sedler
Hofstra Law Review
No abstract provided.