Author Archives: Hofstra Law Review

He Who Comes into Court Must Not Come with Green Hands: The Marijuana Industry’s Ongoing Struggle with The Illegality and Unclean Hands Doctrines

Imagine a hardworking marijuana dispensary owner, Mary Jane. Mary operates her marijuana business legally under the laws of her state. Mary contracts with James Chong for ten pounds of marijuana and pays the amount due, $45,000, in full and up … Continue reading

Posted in Notes | Tagged , , , , , , | Leave a comment

Go Fund Me, Please: Crowdsourcing for Bail as an Insufficient Surety

A “modern day bake sale with . . . fewer brownies.” This was an analogy used to describe the newfound use of crowdsourcing websites like GoFundMe.com (“Go Fund Me”) to obtain money for bail. While a bake sale or its … Continue reading

Posted in Notes | Tagged , , , , | Leave a comment

Lending Loot: The Cost of Cultural Exchange Under the Immunity from Seizure Act

[I]f you believe in art, you like art, you think people should see art, and you like your museums, you ought to be for this bill. – Representative Steve Cohen The Nazis stole roughly 600,000 pieces of art from 1933 … Continue reading

Posted in Notes | Tagged , , , , | Leave a comment

Diversity and the Law

Thank you Dean Eric Lane for inviting me to deliver this year’s Howard and Iris Kaplan Memorial Lecture. The goal of this lecture series is to bring jurists to address the community on important and timely legal issues. A worthy … Continue reading

Posted in Articles | Tagged , , , , | Leave a comment

Forfeiture-by-Wrongdoing and Faretta: Reaffirming Counsel’s Vital Role When Defendants Manipulate Competing Sixth Amendment Representation Rights

Just a few weeks before his trial on charges of mail fraud and conspiracy, criminal defendant John Paul Hansen filed a motion with the federal district court presiding over his case requesting “some form of hybrid counsel.” Hansen requested to … Continue reading

Posted in Articles | Tagged , , , , | Leave a comment

Duty of Outrage: The Defense Lawyer’s Obligation to Speak Truth to Power to the Prosecutor and the Court When the Criminal Justice System Is Unjust

For decades, scholars, lawyers, and judges have spotlighted what is now recognized as a permanent state of crisis in the system of public defense in the United States. More than fifty years after the watershed decision in Gideon v. Wainwright … Continue reading

Posted in Articles, Symposium | Tagged , , , | Leave a comment

Hard Questions and Innocent Clients: The Normative Framework of The Three Hardest Questions, and the Plea Bargaining Problem

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some extent in the purposeful deception of the court. What makes … Continue reading

Posted in Articles, Symposium | Tagged , , , | Leave a comment

Do Prosecutors Really Matter?: A Proposal to Ban One-Sided Bail Hearings

The inspiring story of Gideon v. Wainwright gives lawyers and law students alike the impression that indigent people will be provided with defense counsel when they are charged with a crime. What few people realize, however, is that in about … Continue reading

Posted in Articles, Symposium | Tagged , , , , | Leave a comment

Monroe Freedman and the Morality of Dishonesty: Multidimensional Legal Ethics as a Cold War Imperative

Well before the turn of the last century, Monroe Henry Freedman’s place in the history of legal ethics had been established. Often, he would be introduced by reference to professional honors. Audiences would be told, for instance, that he had … Continue reading

Posted in Articles, Symposium | Tagged , , , | Leave a comment

Candor in Criminal Advocacy

[I]t is precisely when one tries to act on abstract ethical advice that the practicalities intrude . . . . – Monroe H. Freedman Monroe Freedman’s 1966 article on the three hardest ethics questions for criminal defense lawyers has lost … Continue reading

Posted in Articles, Symposium | Tagged , , , , | Leave a comment