Category Archives: Articles

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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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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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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Burden of Mental Illness Among Veterans Seen in VA Primary Care and the Positive Effects of Recent VHA Initiatives

In addition to the behavioral health collaborative care model, fellow panelists Keith Grant, Veterans Coordinator, Nassau County Department of Human Services, and the author explored some of the stressors facing our service members today both on and off the battlefield, … Continue reading

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Hofstra Mission Critical: The Unified Behavioral Health Center

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

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Health Care Issues for Veterans

As of September 2015, there were almost twenty-two million veterans living in the United States. A small percentage of these veterans have seen combat, and a much larger group have supported that combat effort. Almost all veterans, depending upon their … Continue reading

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