Tag Archives: Volume 40

Safe Localities Through Cooperation: Why the Secure Communities Program Violates the Constitution

An undocumented immigrant and a single mother, Tatiana arrived in the United States almost eleven years ago. Since then, she has been working very hard to support her three minor children, all of whom are U.S. citizens. She is a … Continue reading

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The U.S. Supreme Court Upholds the Health Care Reform Law: What’s Next for Employer-Sponsored Group Health Plans?

In March of 2010, President Barack Obama signed into law the Patient Protection and Affordable Care Act (commonly referred to as the health care reform law and hereinafter as the “Affordable Care Act” or “PPACA”).  Despite its stated dual intent … Continue reading

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Enforcing Self-Regulatory Organization’s Penalties and the Nature of Self-Regulation

Few issues are as poorly understood and under-theorized as the concept of “industry self-regulation.” The Second Circuit recently raised important issues about the nature of such self-regulations when it held that the industry’s self-regulatory agency, the Financial Industry Regulatory Authority … Continue reading

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The Gamification of Work

Ender’s Game and its element of attack by a hostile alien species are, thankfully, wholly within the realm of science fiction. However, the idea that people could be working while they play a video game—in some instances without even knowing … Continue reading

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A Prescription for Excess: Using Prescriptive Comity to Limit the Extraterritorial Reach of the Sherman Act

The United States aggressively pursues antitrust violations perpetrated by foreign defendants. Of the fines collected by the Department of Justice (“DOJ”) for Sherman Act violations, eighteen of the twenty largest fines have been levied against foreign corporations. Private plaintiffs, too, … Continue reading

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Intervention of Right in Judicial Proceedings to Review Informal Federal Rulemakings

The codification of the Federal Rules of Civil Procedure in 1938 (the “Federal Rules”) created not only a more transactional approach to litigation, but also the flexible party structure that was necessary for “public law litigation” to flourish. Indeed, many … Continue reading

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The Rise of Institutional Law Practice

For generations, the legal profession has assumed that only individual lawyers practice law. Ethical standards have been largely, if not exclusively, directed at individuals, and practice organizations have been regulated to prevent limiting individual lawyer professional judgment. The world in … Continue reading

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Faulkner’s Voting Rights Act: The Sound and Fury of Section Five

In its most recent examination of the Voting Rights Act (the “VRA”), the Supreme Court told a story about the South. Although the Court ultimately did not rule on the continued constitutionality of section 5, the VRA provision that singles … Continue reading

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Trix Are Not Just For Kids: The Supreme Court’s Clumsy Handling of the Public-Private Distinction and its Legislative Impact on Breakfast and Beyond

“Silly Rabbit, Trix are for kids.”  It is more than just a slogan: General Mills believes it is constitutionally protected speech under the First Amendment.  But if Trix are for kids, recent Supreme Court decisions granting expansive constitutional protections to … Continue reading

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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

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