Author Archives: Hofstra Law Review

Bringing Sentencing Into The 21st Century: Closing The Gap Between Practice And Knowledge By Introducing Expertise Into Sentencing Law

Sentencing law is the area of law where the state acts in its most coercive and authoritative manner against its citizens. It is fundamentally broken. There is no tenable rationale that can justify the shocking reality that there are currently … Continue reading

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Better Keep Your on the Wheel in That Autonomous Car: Examining Society’s Need to Navigate the Cybersecurity Roadblocks for Intelligent Vehicles

Envision your future self waking up Monday morning. You check the commute time to work on your app, which has been consistently thirty four minutes, and establish that this is just enough time to look over the materials for your … Continue reading

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The Ongoing Abuse of Unpaid Interns: How Much Longer Until I Get Paid

Anyone who has ever worked in the entertainment industry knows that to make it to the top, you have to start at the bottom. And starting at the bottom means jumping at any internship you are offered in the hope … Continue reading

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The Neglected History Behind Preble v. Maine Central Railroad Company: Lessons from the “Maine Rule” for Adverse Possession

Under the “Maine Rule” for adverse possession, only possessors who have the requisite intent can perfect an adverse possession claim. The Maine Rule has been consistently criticized. The history behind the adoption of the Maine Rule, however, and the purpose … Continue reading

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Expanding the Reach of the Commodity Exchange Act’s Antitrust Considerations

Many of the world’s largest banks have, over the past few years, paid billions of dollars to settle multiple civil and criminal government enforcement actions and private lawsuits alleging that bank employees conspired with their competitors to stifle competition in … Continue reading

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Brady v. Maryland, Attorney Discipline, and Materiality: Failed Investigations, Long-Chain Evidence, and Beyond

In Brady v. Maryland, the Supreme Court set the basic outlines of what has become known as the “Brady doctrine.” The government, according to this principle, has a general duty to disclose information in its possession that is favorable to … Continue reading

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Political Prosecutions in Ukraine: The Case of Yulia Tymoshenko

The winter of 2013 to 2014 made a mark in the history of Ukraine. It was a time of mourning for the heroes killed during the Revolution of Dignity, and a time of joy from the victory. It was a … Continue reading

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Tunnel Vision: Causes, Effects, and Mitigation Strategies

The recent spate of exonerations has alerted the public about the problem of intentional prosecutorial misconduct. However, an even more disturbing insight gained from the study of exonerations is that many of these wrongful convictions resulted from something shy of … Continue reading

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The Worst of the Worst: Heinous Crimes and Erroneous Evidence

The criminal justice system was once considered infallible. But we now know that innocent defendants are incarcerated and even executed. Indeed, the National Registry of Exonerations (“NRE”) provides a list of 1535 inmates who were exonerated and released from prison … Continue reading

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Strange Bedfellows: Can Insurers Play a Role in Advancing Gideon’s Promise?

Over fifty years ago, Gideon v. Wainwright resoundingly embraced the principle that public defenders are “necessities, not luxuries” and as such, are required to protect the accused person’s fundamental right to a fair trial. Fred Turner, Clarence Gideon’s lawyer on … Continue reading

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