Law Commons^™

The Constitutional And Contractual Controversy Of Suspicionless Drug Testing Of Public School Teachers, Amanda H. Cooley, Marka B. Fleming, Gwendolyn Mcfadden Wade

Oklahoma Law Review

No abstract provided.

How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, Stuart Ford

Saint Louis University Law Journal

No abstract provided.

From The Border To The Bench: The Barriers To Freedom For Victims Of Domestic Violence Seeking Asylum In The United States And Why A Favorable Decision In The Case Of R-A- Is Necessary But Not Sufficient Protection For Future Claimants, Chelsea M. Peter

Saint Louis University Law Journal

No abstract provided.

Retain The Brains: Using A Conditional Residence Requirement To Keep The Best And Brightest Foreign Students In The United States, Katherine L. Porter

Hofstra Law Review

No abstract provided.

Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness

Hofstra Law Review

No abstract provided.

Out Of The Channel And Into The Swamp: How Family Law Fails In A New Era Of Class Division, June Carbone

Hofstra Law Review

No abstract provided.

Opt-Out Voting, Michael J. Pitts

Hofstra Law Review

This article proposes a new system of casting ballots at elections: opt-out voting. Opt-out voting would change the default rule for voting. Currently most registered voters go to a polling place to select a candidate. In contrast, opt-out voting would randomly pre-select a candidate for each registered voter and then allow the registered voter to switch the ballot to his or her preferred candidate. This article theorizes that switching to opt-out voting could lead to an increase in voter turnout, especially in local elections. This article argues that increasing participation, particularly on the local level, would be a positive change …

Horseshoes And Hand Grenades: The Dodd-Frank Act's (Almost) Attack On Credit Rating Agencies, Allana M. Grinshteyn

Hofstra Law Review

No abstract provided.

Behind Prison Walls: The Failing Treatment Choice For Mentally Ill Minority Youth, Simone S. Hicks

Hofstra Law Review

No abstract provided.

Notes On The Margins Of Lawyering, In Three And A Half Minutes, Stewart Macaulay

Hofstra Law Review

No abstract provided.

Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert

Hofstra Law Review

No abstract provided.

The Crisis Exposed By Pari Passu, Preston M. Torbert

Hofstra Law Review

This article is one practitioner's reaction to Gulati and Scott's The Three and A Half Minute Transaction: Boilerplate and the Limits of Contract Design. It notes that current contract drafting practices, especially for sovereign debt instruments, create a crisis: that is, a danger and an opportunity. The danger is the offshoring of contract drafting. The opportunity is to substantially improve contract drafting by establishing in a law school a laboratory program for creative innovation in contract drafting. The article suggests issues that such a program could adddress: the implications of the canons of interpretation for drafting, the problem of …

"Sometimes A Cigar Is Just A Cigar": The Simple Story Of Pari Passu, Robert A. Cohen

Hofstra Law Review

No abstract provided.

Invested In Politics: Gun Jumping, Corporate Political Speech, And Citizens United, Alexander F.L. Sand

Hofstra Law Review

No abstract provided.

Client-Centered Lawyering-What It Isn't, Monroe H. Freedman

Hofstra Law Review

No abstract provided.

Whistleblowers Cash In, Unwary Corporations Pay, John Ashcroft, Catherine Hanaway, Claudia L. Onate Griem

Hofstra Law Review

No abstract provided.

Wall Street As Yossarian: The Other Effects Of The Rajaratnam Insider Trading Conviction, J. Scott Colesanti

Hofstra Law Review

Without warning, the patient sat up in bed and shouted, ‘I see everything twice!’

And thus Yossarian, the war-weary bomber pilot of the masterful novel, Catch-22, was able to malinger in an Italian hospital even longer while nervous doctors attended to the strange malady of his neighbor.

The storied literary diversion may highlight the good fortune of those evading government prosecution of financial crimes in 2011, a year that fulfilled the promise that observers of hedge fund discipline would similarly see things twice. To wit, in May 2011, a Manhattan jury convicted billionaire hedge fund entrepreneur Raj Rajaratnam of fourteen …

Criminal Reports: United States Of America V. Khadr, Steve Coughlan, Robert Currie

Articles, Book Chapters, & Popular Press

The United States of America sought the extradition of the applicant to face terrorism-related charges. The applicant had been taken into custody by the Pakistani Intelligence Agency, the ISI, and held in a secret detention centre for approximately fourteen months before he was released and repatriated to Canada. He had been interrogated by American FBI agents while in Pakistan and had given them a statement. He also gave a statement to CSIS following his return to Canada, and shortly after that gave a second statement to FBI officials. The applicant sought a stay of proceedings of the extradition hearing on …

Defining Civil Disputes: Lessons From Two Jurisdictions, Elizabeth Thornburg, Camille Cameron

Articles, Book Chapters, & Popular Press

Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …

Defining Civil Disputes: Lessons From Two Jurisdictions, Camille Cameron, Elizabeth Thornburg

Articles, Book Chapters, & Popular Press

Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …

The Prehistory Of Fair Use, Matthew Sag

Faculty Articles

This article proceeds as follows: Part I begins with a brief summary of the fêted case Folsom v. Marsh and its place in the development of American copyright law. Folsom v. Marsh has been criticized for expanding copyright protection beyond acts of mere mechanical reproduction to include an abstract concept of the work’s value. Of course, this critique is premised on the belief that the scope of copyright prior to Folsom v. Marsh’s intervention was so narrow that it tolerated almost all secondary works. Part II exposes the frailty of this premise.

Specifically, Part II explores the foundation for the …

The Regrettable Clause: United States V. Comstock And The Powers Of Congress, H. Jefferson Powell

Faculty Scholarship

In this Article, Powell argues that in Comstock, the Court encountered one of the oldest and most basic constitutional issues about the scope of congressional power-whether there are justiciable limits to the range of legitimate ends Congress may pursue. The Justices, without fully recognizing the fact, were taking sides in an ancient debate, and in doing so, they inadvertently reopened an issue that ought to be deemed long settled. Part II of the Article first addresses the question before the Court in Comstock, which was limited to a pure question of Article I law: is a specific provision of a …

The Case For Legal Regulation Of Physicians’ Off-Label Prescribing, Doriane Lambelet Coleman, Philip M. Rosoff

Faculty Scholarship

No abstract provided.

Property In Law: Government Rights In Legal Innovations, Stephen Clowney

Law Faculty Scholarly Articles

One of the most enduring themes in American political thought is that competition between states encourages legal innovation. Despite the prominence of this story in the national ideology, there is growing anxiety that state and local governments innovate at a socially suboptimal rate. Academics have recently expressed alarm that the pace of legal experimentation has become "extraordinarily slow," "inefficient," and "less than ideal." Ordinary citizens, too, seem concerned that government has been leeched of imagination and the dynamic spirit of experimentation; both talk radio programs and newspapers remain jammed with complaints about legislative gridlock and do-nothing politicians who cannot, or …

Connecticut's Fourth Congressional District: History, Politics, And The Maverick Tradition, Gary L. Rose

Sacred Heart University Press Books

Connecticut's Fourth Congressional District: History, Politics, and the Maverick Tradition is a case study of one of the most unique congressional districts in the United States. Located in Fairfield County, the fourth district is a bedroom community close to New York City. The district's close proximity to Wall Street, the tendency of the district's constituents to elect free-thinking congresspersons, and the wealth and celebrity status of many district residents have resulted in a setting which can be described as an anomaly in the larger context of congressional politics. Contents: Introduction -- Connecticut's Fourth Congressional District: geography and demographics -- A …

Small Business Strategies Series: Patents & Trademarks, Robert Berry

Librarian Publications

A November 14 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Trumbull Library System, Business Program: Patents & Business Intelligence, Amy Jansen, Robert Berry

Librarian Publications

A November 10, 2011 presentation by Amy Jansen, Business Librarian at Sacred Heart University and Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Business Roundtable: Patents & Trademarks, Robert Berry

Librarian Publications

An October 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

The Transformation Of The American Pension System: Was It Beneficial For Workers?, Edward N. Wolff

Upjohn Press

The share of Americans with defined contribution pension plans now exceeds the share of those with defined benefit plans. Wolff refers to this as the "great transformation" and it leads him to examine recent evidence to see whether there are winners and losers resulting from this switch away from traditional pension plans.

Imagining The Ideal Pension System: International Perspectives, Dana M. Muir Editor, John A. Turner Editor

Upjohn Press

Muir and Turner gather an international roster of pension experts who present what they think would be the ideal pension systems for their countries and why. Those countries include the United States, the UK, Ireland, Denmark, Germany, Belgium, France, Switzerland, Poland, and Japan.