Author Archives: Hofstra Law Review

Summer 2014 | Volume 42: Issue 4

Volume 42 | Issue 4| Summer 2014   Table Of Contents Articles MARRIAGE EQUALITY, UNITED STATES V. WINDSOR, AND THE CRISIS IN EQUAL PROTECTION JURISPRUDENCE by Susannah W. Pollvogt POSITIVIST LEGAL ETHICS THEORY AND THE LAW GOVERNING LAWYERS: A FEW PUZZLES … Continue reading

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Spring 2014 | Volume 42: Issue 3

Volume 42 | Issue 3| Spring 2014   Table Of Contents Articles THE COLLAPSING CONSTITUTION by Michael D. Cicchini REGULATION, PROHIBITION, AND OVERCRIMINALIZATION: THE PROPER AND IMPROPER USES OF THE CRIMINAL LAW by Paul J. Larkin, Jr. PLASTIC INJURIES by Anne Bloom HORTON … Continue reading

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Winter 2013 | Volume 42: Issue 2

SYMPOSIUM: THE TENTH ANNIVERSARY OF THE ABA CAPITAL DEFENSE GUIDELINES: THE ROAD TRAVELED AND THE ROAD TO BE TRAVELED - PART TWO  Table Of Contents Articles INTRODUCTION: THE CONTINUING QUEST FOR HIGH-QUALITY DEFENSE REPRESENTATION IN CAPITAL CASES by Eric M. Freedman SUDDEN DEATH: A FEDERAL … Continue reading

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Fall 2013 | Volume 42: Issue 1

SYMPOSIUM: THE ETHICAL INFRASTRUCTURE AND CULTURE OF LAW FIRMS Table Of Contents Articles FOREWORD: SYSTEMATICALLY THINKING ABOUT LAW FIRM ETHICS: CONFERENCE ON THE ETHICAL INFRASTRUCTURE AND CULTURE OF LAW FIRMS by Susan Saab Fortney LAW FIRM MALPRACTICE DISCLOSURE: ILLUSTRATIONS AND … Continue reading

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Title III of the JOBS Act: Using Unsophisticated Wealth to Crowdfund Small Business Capital or Fraudsters’ Bank Accounts? by Benjamin P. Siegel

Starting a business is a significant undertaking. Entrepreneurs often work grueling, around-the-clock hours in high-pressure environments for the opportunity to be one of the rare successful businesses that survive the first few tumultuous years. Recently, the impetus behind entrepreneurship has … Continue reading

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Freedom From Food: On the Need to Restore FDR’s Vision of Economic Rights in America, and How It Can Be Done by Evgeny Krasnov

Within the U.S. policy discourse, it has long been taken for granted that the body of human rights law does not—and should not—include economic rights, which include the right to adequate food, shelter, and health care. This is an irony … Continue reading

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At War With The Robots: Autonomous Weapon Systems and the Martens Clause by Tyler D. Evans

The Three Laws of Robotics (“Three Laws”) are an elegant set of hierarchical rules that ethically and physically govern Isaac Asimov’s science fiction robots. The Three Laws are programmatically embedded in the robots’ “positronic brains,” and control their behavior and … Continue reading

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The ABA Guidelines and the Norms of Capital Defense Representation by Russell Stetler & W. Bradley Wendel

The ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (“Guidelines”), as revised in 2003, continue to stand as the single most authoritative summary of the prevailing professional norms in the realm of capital defense … Continue reading

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Overlooked Guidelines: Using the Guidelines to Address the Defense Need for Time and Money by Meredith Martin Rountree & Robert C. Owen

In 2003, Professor Eric M. Freedman, Reporter for the revised ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (“ABA Guidelines”), observed that one of the ABA Guidelines’ central virtues was to recognize that the … Continue reading

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Professional Discipline of Death Penalty Lawyers and Judges by Monroe H. Freedman

On this, the fiftieth anniversary of Gideon v. Wainwright’s broken promise, I have been asked to propose guidelines that (a) provide professional discipline of lawyers who fail to provide competent representation in death penalty cases, but that (b) do not … Continue reading

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