Tag Archives: Volume 40

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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The Adam Walsh Act as Applied to Juveniles: One Size Does Not Fit All

Imagine a nine-year-old boy who is forced to watch pornography and who is subjected to uninvited touching by his relatives. For some, that is a nightmare, but for Tony Washington, that was his reality. When Tony was twelve, his father … Continue reading

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Nearly Toothless: Why the Speech Act is Mostly Bark, With a Little Bite

In 1990, after his first appearance as the title character in The Terminator, and before his stint as the thirty-eighth Governor of California, Arnold Schwarzenegger found himself trying to squelch a public relations nightmare. Two years earlier, celebrity journalist Wendy … Continue reading

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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

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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

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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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