Author Archives: Hofstra Law Review

Fair Users or Content Abusers? The Automatic Flagging of Non-Infringing Videos by Content ID on YouTube

When was the last time you watched a video on YouTube? How about the last time you uploaded one onto the site? Now, when was the last time you thought about the copyright implications of any of those videos? Most … Continue reading

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“Can I Take the Normal One?” Unregulated Commercial Surrogacy and Child Abandonment

In the United States, one out of every twelve heterosexual couples is involuntarily infertile, causing devastating emotional and physical impacts on their personal and familial goals. One woman described the inability to have a child as leaving her “barren, decrepit, … Continue reading

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Stop Blaming the Prosecutors: The Real Causes of Wrongful Convictions and Rightful Exonerations

Wrongfully convicted and rightfully exonerated criminal defendants spent an average of ten years in prison before exoneration, and the ramifications to the defendants, the criminal justice system, and society are immeasurable. Prosecutorial misconduct, however, is not the primary cause of … Continue reading

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Getting More Than Justice on Paper: Bankruptcy Priorities and the Crisis of Unpaid Wages

Donald Sloat, a fifty-nine-year-old man from Maryland, worked for twenty-two years for Hill Enterprises—a cabinetmaker. Devoted to his job, Mr. Sloat “work[ed] his way up from a carpenter to a project engineer,” until he resigned in 2010. Prior to his … Continue reading

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The Curious Exclusion of Corporations From the Privileges and Immunities Clause of Article IV

In 1869, the U.S. Supreme Court held in Paul v. Virginia that a corporation was not a “citizen” for purposes of the Privileges and Immunities Clause of Article IV of the U.S. Constitution. In so concluding, the Court agreed with … Continue reading

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The Cyber Civil War

Suppose that someone hacked into your email account, stole the content of your emails, and posted them online. All of your email correspondence is now searchable in every search engine. Whomever you mentioned in any of your emails can easily … Continue reading

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Keep Securities Reform Moving: Eliminate the SEC’s Integration Doctrine

Small businesses are regarded as the engine that drives economic growth. Success generally requires that early stage companies be fed with sufficient infusions of capital often. It is therefore imperative that a national policy of economic growth provide adequate capital-formation … Continue reading

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In Memoriam: Profesor Monroe H. Freedman

The Board of Editors of Volume 44 of the Hofstra Law Review dedicates this Volume to the memory of Professor Monroe H. Freedman, the second dean of the Maurice A. Deane School of Law at Hofstra University. A giant in … Continue reading

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KNOWLEDGE IS SALVATION: INFORMING INVESTORS BY REGULATING DISCLOSURES TO SAFEGUARD BEST EXECUTION

Command and control of information—knowledge—sustain the powerful over the ill informed.  In the securities industry, informational disparities and advantages translate into massive gains and catastrophic losses. Today, the world of high-frequency trading has emerged from the shadows and sparked a … Continue reading

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DUMPING THE PROBABLE CAUSE REQUIREMENT: WHY THE SUPREME COURT SHOULD DECIDE PROBABLE CAUSE IS NOT NECESSARY FOR CELL TOWER DUMPS

With technology changing and improving as quickly as ever, it stands to reason that the law is often behind the times, and regularly needs to catch up. This is precisely where the law currently stands regarding cell phones. It seems … Continue reading

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