Category Archives: Articles

What’s in a Name?—The Tale of Louis Wolfson’s Affirmed

Why would someone choose to name a thoroughbred racehorse “Affirmed” after his conviction for federal securities laws violations had been affirmed on appeal? This inquiry is the basis for exploring the enigmatic life and spectacular career of Louis E. Wolfson, … Continue reading

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Punishing for the Injury: Tort Law’s Influence in Defining the Constitutional Limitations on Punitive Damage Awards

The proper limitations on a punitive damage award depend on the conception of punitive damages. Is the award a private law remedy, limited to resolving the dispute between the parties? Or is it a public law remedy, capable of addressing … Continue reading

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Engaged Client-Centered Representation and the Moral Foundations of the Lawyer-Client Relationship

Thank you for inviting me here to speak with you today about engaged client-centered representation. I am going to talk about the continuities and discontinuities between the way lawyers and clients are viewed in the two worlds in which I … Continue reading

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The Constitutional Politics of Presidential Succession

Imagine terror strikes the nation. As the President approaches the dais to deliver the annual State of the Union Address to a joint session of Congress, terrorists unleash the horror of a weapon of mass destruction in the heart of … Continue reading

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Behind Prison Walls: The Failing Treatment Choice for Mentally Ill Minority Youth

I. INTRODUCTION On the night of November 12, 2007, Khiel Coppin, eighteen, was killed in a hail of fifteen bullets fired by New York City Police Department (―NYPD‖) officers in front of his family‘s home in Brooklyn, New York. Many … Continue reading

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Horseshoes and Hand Grenades: The Dodd-Frank Act’s (Almost) Attack on Credit Rating Agencies

I. INTRODUCTION The economic crisis that culminated in panic in 2008 has brought both Wall Street and Main Street to their knees. Three of the largest Wall Street investment banks collapsed in a span of six months. Housing prices in … Continue reading

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Opt-Out Voting

I. INTRODUCTION Imagine for a moment that you are a registered voter casting a ballot in the U.S. presidential election. What generally happens in such an election today is that you acquire a ballot—either by making the journey to a … Continue reading

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Out of the Channel and into the Swamp: How Family Law Fails in a New Era of Class Division

June Carbone I.INTRODUCTION Carl Schneider’s 1992 article in the Hofstra Law Review, The Channelling Function in Family Law, is part of the canon of family law. It has earned a lasting place in the family law constellation, at least in … Continue reading

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Risky Business: Liability of Product Sellers Who Offer Safety Devices as Optional Equipment

Richard C. Ausness I. INTRODUCTION Manufacturers often offer their products in different grades of quality or provide some features as optional equipment. Motor vehicles provide a good example of this marketing practice. Typically, a consumer can choose from a wide … Continue reading

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The Future of the Legal Profession: The New York City Corporation Counsel’s Perspective on the Challenges and Opportunities Ahead

Michael A. Cardozo I. INTRODUCTION The legal profession is going through a profound change, one which will significantly alter both current and future lawyers’ careers, and one which the profession as a whole has yet to fully understand or address. … Continue reading

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