Category Archives: Ideas

New Directions in American Health Care: Innovations from Home and Abroad

The articles in this issue stem from a health policy conference that occurred at Hofstra University in March 2010. An interdisciplinary focus defined the conference, “New Directions in American Health Care: Innovations from Home and Abroad.” The School of Law; … Continue reading

Posted in Ideas | Tagged , , | Leave a comment

Law, Economics, and Society

Lawrence M. Friedman It might seem a little bold for an outsider to talk about the status and future of law and economics. (It is probably more than a little bold to talk about the future of anything, if the … Continue reading

Posted in Ideas | Tagged , , , | Leave a comment

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

Posted in Ideas | Tagged , , , , , | Leave a comment

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

Posted in Ideas | Tagged , , , | Leave a comment

Which “Client-Centered Counselors”?: A Reply to Professor Freedman

I am honored to have been asked to participate in the fortieth anniversary issue of the Hofstra Law Review and to respond to the comments of Professor Monroe Freedman. I have long admired Professor Freedman. Teresa Collett and I use … Continue reading

Posted in Ideas | Tagged , , , | Leave a comment

Contracts Meet Henry Ford

It takes less than twenty-four hours to assemble a car. We all know about automobile assembly lines, so this fact comes as no surprise. Why then are we aghast to hear that a complex contract can be produced in “three … Continue reading

Posted in Ideas | Tagged , , , , | Leave a comment

The Crisis Exposed by Pari Passu

To this practitioner, The Three and a Half Minute Transaction by Mitu Gulati and Robert E. Scott describes a “crisis” in the Chinese sense of a situation that presents a danger and an opportunity. The danger is that the clients’ … Continue reading

Posted in Ideas | Tagged , , , , , | Leave a comment

“Sometimes a Cigar is Just a Cigar”: The Simple Story of Pari Passu

In an oft-told, but perhaps apocryphal, story, a student of Sigmund Freud, the father of psychoanalysis, asked Freud the significance of his fondness for cigars. Freud allegedly responded that “[s]ometimes a cigar is just a cigar,” suggesting that some things … Continue reading

Posted in Ideas | Tagged , , , , | Leave a comment

Notes on the Margins of Lawyering, In Three and a Half Minutes

Mitu Gulati and Robert E. Scott have given us a wonderful study. They tell us about how elite lawyers practice law, and they tell us about the transformation of the process of producing all of the standard form contract terms that govern so … Continue reading

Posted in Ideas | Tagged , , , , | Leave a comment

Sticky Forms, Property Rights, and Law

Mitu Gulati and Robert E. Scott have written a fascinating study that touches on some of the most important issues in lawyering and law. A Belgian court rendered a judgment that highlights a significant risk in a common sovereign bond … Continue reading

Posted in Ideas | Tagged , , , , | Leave a comment