Author Archives: Hofstra Law Review

The Challenges to Legal Education in 1973 and 2012: An Introduction to the Anniversary Issue of the Hofstra Law Review

Almost forty years after its publication, the first issue of the Hofstra Law Review remains memorable because of its impressive list of authors, challenging content, and innovative structure. Astoundingly, it is relevant even today. It exemplifies the best a law … Continue reading

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Families Now: What We Don’t Know Is Hurting Us

Almost twenty years ago, the Hofstra Law Review published Marriage, Divorce, and the Family: A Cautionary Tale. It was an adaptation of a speech I made as the Sidney and Walter Siben Distinguished Professorship Lecturer for 1992 to 93. The … Continue reading

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Look Over Your Figurative Shoulder: How to Save Individual Dignity and Privacy on the Internet

Pervasive image capture via modern handheld technologies, combined with the universal and excessive use of the Internet, has caused a breakdown of privacy norms. Erin Andrews, a sports news journalist, has provided a face to the victimization of the masses … Continue reading

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Modifying the Filibuster: A Means to Foster Bipartisanship While Reigning in its Most Egregious Abuses

Over the past few years, a parliamentary maneuver in the U.S. Senate known as the filibuster has been the subject of considerable debate. Defined as a “deliberate use of prolonged debate and procedural delaying tactics to block action supported by … Continue reading

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On Madison, Muslims, and the New York City Police Department

An exchange of letters between James Madison and Thomas Jefferson frames this Article. In October of 1787, Madison, the intellectual and political force behind the successful adoption of the Constitution in September of that year, had forwarded a copy of … Continue reading

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Constitutional Branding

When the Hofstra Law Review began over forty years ago, the Senate had just rejected President Richard Nixon’s nominations of Clement Haynsworth and Harold Carswell to the U.S. Supreme Court. In the ensuing years, Supreme Court selection does not appear … Continue reading

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Executing Equity: The Broad Judicial Discretion to Stay the Execution of Death Sentences

Stays of executions of sentences are equitable remedies provided to defendants to allow them full and fair consideration of their sentences. The courts’ exercise of their power to stay executions is often crucial for the proper administration of justice. However, … Continue reading

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Dominance, Innovation, and Efficiency: Modifying Antitrust and Intellectual Property Doctrines to Further Welfare

This Article examines a number of problematic areas in which the antitrust and intellectual property laws fail, or have failed, to attain the efficiency and welfare goals that underlie them. Although some of the areas in question have been separately … Continue reading

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Retain the Brains: Using a Conditional Residence Requirement to Keep the Best and Brightest Foreign Students in the United States

In the growing global competition for talent and human capital, the United States is losing the race.  After the September 11, 2001 terrorist attacks (“9/11”), where some of the hijackers were granted F-1 visas,  the government has made it increasingly … Continue reading

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Client-Centered Lawyering— What It Isn’t

Several years ago, I happened to sit in on part of a colleague‟s class in family law. The professor showed clips from Kramer vs. Kramer, a movie involving a custody litigation between the divorced mother and father of a young … Continue reading

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