Author Archives: Hofstra Law Review

Ameliorating Lethal Injection by Using Bispectral Index Monitoring of Inmates to Help Ensure a More Humane Death (Forthcoming, Spring 2017)

Please note this Article is forthcoming and may be subject to change before final publication. As compared to hanging, firing squad, electrocution, or lethal gas, death by lethal injection appears more humane and painless because it mimics medical anesthesia. Drugs … Continue reading

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Is a “Hit-and-Wait” Really Any Better Than a “Hit-and-Run”?

Imagine a driver making his way home after a long day’s work with his mind on a myriad things. Perhaps he is thinking about the football score, the lottery drawing, the weekend, or any number of things. He comes over … Continue reading

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Stopping Doctor Evil: How to Prevent the Prevalence of Health Care Providers Sexually Abusing Sedated Patients

Susan Hyman went to her dentist, Dr. Marvin Teicher, for a wisdom tooth extraction. Ms. Hyman was skeptical that the Novocaine would alleviate her pain from the procedure, so Dr. Teicher graciously offered Ms. Hyman another alternative; he injected a … Continue reading

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Vulnerable and Inadequately Protected: Solitary Confinement, Individuals with Mental Illness, and the Laws That Fail to Protect

“About seven hundred, eight hundred”—that is the number of days Kalief Browder remembered being in solitary confinement. For three years, Browder was incarcerated at New York City’s Rikers Island jail (“Rikers Island”) before the Bronx District Attorney’s Office informed the … Continue reading

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Public Responsibilities Beyond Consent: Rethinking Contract Theory

This Article argues for a vital new pathway to the regulation of contracts in American law. It proposes a theory of public responsibility to safeguard public values that are unprotected by the reciprocal consent of private parties to contract. Challenging … Continue reading

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Shaping Expectations About Dads as Caregivers: Toward an Ecological Approach

A growing number of men are embracing childcare responsibilities traditionally associated with women, such as swaddling and singing to a fussy infant to coax her into slumber; preparing a child’s meals; cleaning messes made by a child; doing a child’s … Continue reading

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A Most Adequate Response to Excessive Shareholder Litigation

Although Delaware statutes, as recently amended, prohibit charter and bylaw provisions that would shift fees to stockholders in litigation involving the corporation’s internal affairs, those statutes leave open the possibility that charter and bylaw provisions may regulate other aspects of … Continue reading

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Tipping the Scales Against Insider Trading: Adopting a Presumption of Personal Benefit to Clarify Dirks

A cliché that maintains its usefulness is that “bad cases make bad law.” It covers a variety of situations, all capturing the essential truth that peculiar fact patterns run a heightened risk of churning out ill advised precedent. Dirks v. SEC … Continue reading

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Black Boys Matter: Developmental Equality

The American Dream is one of equality and opportunity; the ability to succeed and be whoever and whatever one wants to be, limited only by one’s own drive and talent. But for Black boys, this is not the reality. As … Continue reading

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PTSD, TBI, and OTH Discharges: A Case Study of a Young Service Member

At the April 2016 conference, “Mission Critical Veterans Health Summit: Addressing the Invisible Wounds of Our Nation’s Veterans,” hosted by the Gitenstein Institute for Health Law and Policy (“Gitenstein Institute”) at the Maurice A. Deane School of Law at Hofstra … Continue reading

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