Tag Archives: Volume 40 Issue 2

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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Retain the Brains: Using a Conditional Residence Requirement to Keep the Best and Brightest Foreign Students in the United States

In the growing global competition for talent and human capital, the United States is losing the race.  After the September 11, 2001 terrorist attacks (“9/11”), where some of the hijackers were granted F-1 visas,  the government has made it increasingly … Continue reading

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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

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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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Resolving the Modern Day Esau Problem Amongst Structured Settement Recipients

In 1990, a New York City subway train hit Raymond White. As a result of the accident, White lost his leg.  White, who was homeless, brought a civil suit against New York City and won.  New York City rewarded White … Continue reading

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Who is Poking Around Your Facebook Profile?: The Need to Reform the Stored Communications Act to Reflect a Lack of of Privacy on Social Networking Websites

Although the social networking phenomenon has helped individuals communicate more efficiently, it has also presented ―a new set of challenges.  Since social networking websites have become a popular method of communication, attorneys and law enforcement officials now review these websites … 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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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

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Those Lost But Not Forgotten: Applicants with Severe Disabilities, Title I of the ADA, and Retail Corporations

Throughout American history, individuals with severe disabilities have been seen as “inauthentic workers,” thereby automatically denied consideration in employment opportunities.  With the enactment of the Americans with Disabilities Act (the “ADA”) Congress sought to eliminate the misconceptions prevalent among employers. … Continue reading

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