Category Archives: Articles

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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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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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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Whistleblowers Cash In, Unwary Corporations Pay

Tough whistleblowers can be paid handsomely for exposing the misdeeds of corporate America. Depending upon the statute under which they disclose, whistleblowers can be paid a windfall of as much as thirty percent of the total recovery. With corporate malfeasance … Continue reading

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Wall Street as Yossarian: The Other Effects of the Rajaratnam Insider Trading Conviction

―Without warning, the patient sat up in bed and shouted, I see everything twice!‟ And thus Yossarian, the war-weary bomber pilot of the masterful novel, Catch-22, was able to malinger in an Italian hospital even longer while nervous doctors attended to … Continue reading

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Justice Samuel A. Alito’s Lonely War Against Abhorrent, Low-Value Expression: A Malleable First Amendment Philosophy Privileging Subjective Notions of Morality and Merit

A trio of U.S. Supreme Court rulings during its most recent two terms demonstrates that Justice Samuel Anthony Alito, Jr. is no friend to expression that offends his personal sense of both morality and substantive merit. In fact, he might … Continue reading

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Special Purpose Vehicles in Bankruptcy Litigation

This Article reports on an investigation of the consequences of a parent corporation’s bankruptcy for its special purpose vehicles (“SPVs”). An SPV is designed under the law to be a bankruptcy-remote investment entity, such that if its parent is forced … Continue reading

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