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Scholarly Commons at Hofstra Law Maurice A. Deane School of Law at Hofstra University

    Content Posted in 2023

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    ABA Model Rule 8.4(g), Discriminatory Speech, and the First Amendment, Bruce A. Green and Rebecca Roiphe

     

    Abortion and State Constitutional Guarantees: The Next Battleground, Mark Strasser

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    A Defense of Perpetual Trusts, Danny Fein

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    Adult Guardianship Privacy, Redaction, and Professional Responsibility, Alberto B. Lopez

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    Anti-Discrimination Ethics Rules and the Legal Profession, Micahel Ariens

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    Are Human Rights Violations Finally Bad for Business? The Impact of Magnitsky Sanctions on Policing Human Rights Violations, Adam Gomes-Abreu

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    Artificial Intelligence in the Criminal Justice System: The Ethical Implications of Lawyers Using AI, Taylor Brodsky

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    As Long As There is Money Involved in Justice, There Will Be No Justice: The United States' Criminalization of Poverty and the Need to Demonitize our Criminal "Justice" System, Amanda Piccione

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    Beyond Dusky: Developing A Statutory Affirmative Defense For Individuals With Autism Spectrum Disorder, Sara Murphy

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    Beyond the Toolbox: Values-Based Models Of Mediation Practice, Robert A. Baruch Bush

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    Biden Could Protect Tens of Thousands of Abused Immigrant Children from Deportation With One Small Fix, Theo Liebmann, Lauren Aronson, and Andrea Ramos

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    Borrowings and Boomerangs: A Comparative Law Perspective on Resonance in Transnational Anti-Corruption Law Enforcement, Fred Einbinder

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    "Breathing Space to Survive"--The Missing Component of Model Rule 8.4(g), Margaret Tarkington

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    Built for Business: The Commercial Need for Aggregate Litigation, Jack Zarin-Rosenfeld

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    Campaign Finance Reform, Union Dues, and the First Amendment: The Collision of Politics and Rights, Mark L. Adams

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    Can You Be a Legal Ethics Scholar and Have Guts?, Cynthia Godsoe, Abbe Smith, and Ellen Yaroshefsky

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    Choosing Death, Shaping Death: Assumptions About Disabilities, Race, and Death, Janet L. Dolgin

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    Common Law Business Trusts, Anonymity, and Inclusion, Eric C. Chaffee

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    Conceiving Consistency: Giving Birth to a Uniform "Best Interests of the Child" Standard, Victoria L. Pepe

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    Considering the Consequences of an Unchecked Presidential Recognition Power for U.S. Taiwan Policy, Julian G. Ku

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    Constitutional Adjudication in the United States as a Means of Advancing the Equal Stature of Men and Women Under the Law, Ruth Bader Ginsburg

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    Cooperation with Federal Prosecutors: Experiences of Truth Telling and Embellishment, Ellen Yaroshefsky

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    Corporate Entanglement with Religion and the Suppression of Expression, Ronald J. Colombo

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    Corporate Governance and Bankruptcy, Daniel J.H. Greenwood

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    Designing Related-To Bankruptcy Jurisdiction, Jack Zarin-Rosenfeld

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    Expanding the Federal Work Product Doctrine to Unrepresented Litigants, Jennifer A. Gundlach and Zeus Smith

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    Express Dispute Assessment: A Much-Welcomed Form of Expert Neutral Evaluation (ENE) at the Stockholm Chamber of Commerce, Ylli Dautaj and William F. Fox

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    Family Limited Partnerships, Bona Fide Sales, and Inadequate Consideration, Grayson M.P. McCouch

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    Fan to Fan, They're Cheating You: American Fans' Collective Nightmare and the Need for Uniform Regulation of America's Secondary Ticketing Market, Irini Christina Tsounakas

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    FCRA-Divergent Employment Laws, Public Policy, and the Doctrine of Preemption, Lawrence D. Bernfeld

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    First You Buy the Moisturizer, Then You Pay the Price: An Overview of the United States' Lack of Cosmetic Market Regulations and How it Harms the Consumers, Megan Scime

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    Flexible Beneficiary Trusts: Reducing Income Tax on Non-Grantor Trusts, Jonathan G. Blattmachr and Martin M. Shenkman

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    Forensic Science; Far From "Scientific Certainty", Kathleen Dewitt

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    Fourteenth Amendment Confrontation, Evan D. Bernick

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    #FreeBritney: A Social Media Movement Shining a Light on Guardianship Abuse and Oversight, Nicole C. Palas

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    Fringe Inheriting: Probate Avoidance at Both Ends of the Wealth Spectrum, Allison Tait

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    Functional Siblings, Donor-Conceived People -- And Intestacy, Naomi R. Cahn

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    Girl-bossing Too Close to the FTC Regulations: How MLMs Avoid FTC Enforcement Actions and the Need for More Stringent Regulation, Theresa J. Kelley

     

    "Heavy is the Crown": King Amazon May Tighten Their Rules for Third-Party Sellers. How can Amazon Remain the Most Attractive Markeplace for Roll-up Companies, Amidst a Sea of International Marketplace?, Owen Daly

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    Holding Everyone Accountable: The Need for the Creation of an International Securities Class Action Venue in the Age of Globalized Economies, Emily Fallon

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    How did Amazon Reach its Prime?, Mary Serene Carino

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    Identity Appropriation and Wealth Transfer: Twain, Cord, and the Post-Mortem Right of Publicity, Alyssa A. DiRusso and Timothy J. McFarlin

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    Joining the Global Community in the Fight Against Financial Secrecy: Congress Enacts the Corporate Transparency Act to Mandate Beneficial Ownership reporting in the United States, Glenn G. Fox, Raj A. Malviya, Michael A. Breslow, and Kevin L. Shepherd

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    Legislation's Culture, Richard K. Neumann Jr.

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    Lies, Gaslighting and Propaganda, G. Alex Sinha

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    Married, with Children at Death, Emily S. Taylor Poppe

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    Mitigation Works: Empircal Evidence of Highly Aggravated Cases Where the Death Penalty Was Rejected at Sentencing, Russell Stetler, Maria McLaughlin, and Dana Cook

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    Nestlé vs. Dow and the Humanitarian Slavery Crisis in the Cocoa Industry, Christopher Cartier

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    Of Privacy and Publicity: Symbiotic Rights (Or Wellspring of Obfuscation), Jeffrey L. Carson and Trace Brooks

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    On a Scale From 1 to 1557, How Much Justice is Too Much Justice For Healthcare Entities Evading Disparate Impact Accountability?, Vanessa Giunta

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    Orienting Toward Party Choice: A Simple Self-Determination Tool for Mediators, Robert A. Baruch Bush and Dan Berstein

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    Original(ism) Sin, G. Alex Sinha

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    Pennsylvania Lawyers Behaving Badly: Is 8.4(g) a Solution?, Ellen Brotman and Amy Coco

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    Person, State, or Not: The Place of Business Corporations in Our Constitutional Order, Daniel J.H. Greenwood

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    Privacy in Plain Sight: How Blockchain Assets and Decentralized Technology Can Increase Privacy in Inheritance, Tye J. Cressman

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    Privacy, Probate, and Nazi-Plundered Art, Alex Swanson

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    Progressive Taxation and a Conservative Supreme Court: Reading the Tea Leaves, Mitchell M. Gans

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    Psychiatry in the Courtroom: Relying on the American Psychiatric Association's Manuals to Resolve Disputes About Personal Status, Janet L. Dolgin

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    Put Down the Phone! The Standard for Witness Interviews is In-Person, Face-To-Face, One-On-One, Sean D. O'Brien, Quinn C. O'Brien, and Dana Cook

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    Recovery from the COVID-19 Pandemic: The Case of Vietnam's Foreign Trade, Nguyen Thi Thu Hoan

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    Redefining the Lawyer's Role in Calls for a Dignified Death, Patricia Bober

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    Re-directing the 50-Year-Long War on Drugs in the United States: Safe Injection Sites as the Necessary Weapons, Tessa Ptucha

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    Relational Contracting in International Commercial Trade, Kathryn St. John

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    See Something; Say Something: Model Rule 8.4(g) is not OK, William Hodes

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    Terroir and Tannins: How to Amend 27 C.F.R. to Bring French-Style Quality to the American Wine Consumer, Zachary Mike

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    Textualism's Immigration Problem: Stabilizing Interpretive Rules on Noncitizens' Rights and Remedies, Peter Margulies

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    The Best Offense is a Good Defense: Fourth Amendment Implications of Geofence Warrants, Brian L. Owsley

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    The Complexities of International Cybercrime and Security: Updating Laws for a New Digital Age, Jesslyn Bracco

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    The D'Oench Doctrine of "Common-Law Equitable Estoppel" and 12 U.S.C. § 1823(e): Reinterpreting the Federal Policy Designed to Protect Bank Regulators to the Detriment of Innocent Borrowers, Christopher Picciano

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    The Elephant in the Room in Clinical Scholarship: Ethical Guardrails and Case Histories, Theo Liebmann and Stefan H. Krieger

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    The Global Relevance of the EU Single Market on Insurance after the Insurance Distribution Directive (IDD), Pierpaolo Marano

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    The Housing Loophole: Housing Discrimination's Impact on Long Island's Public School System, Leyna Brostowski

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    The International Illegal Trade of Organs on the "Red" Market: How the Will to Live can Become the Recipe to Die by Invoking Ethical, Criminal and Property Implications Around the Globe, Arianna L. Bianchino

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    The Long Road to New York's Anti-Discrimination and Anti-Harassment Ethics Rule, Ellen Yaroshefsky

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    The Mar-Portugal Plan: How Portugal's Action Plan to Transition into a Maritime Economy May Prove Challenging witihn the Current International Regulatory Framework for Deep Sea Mining, Sebastian Blanco

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    The Post-Mortem Right of Publicity: Defining It, Valuing It, Defending It ad Planning for It, Sharon L. Klein and Jenna M. Cohn

     

    The Province of the Law: Foundations and Limits of Legal Interpretation, Neomi Rao

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    The Spear and Shield: Governmental Intervention in White-Collar Crimes and Defendants' Privileges, Harry Chen

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    The Thin Blue Line Between Virtue and Vice: Confronting the Moral Harms of Policing, G. Alex Sinha

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    The World is Not Flat: Conference Planning and Presentation as Part of a Multidimensional Understanding of Scholarship, Iselin Gambert, Amy R. Stein, and Karen Thorton

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    The World's Big Threat That is Not being Taken seriously: Ecocide and the Inadequacies of International Environmental Law, Kelsey Ferris

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    Title VII Trials - and Tribulations: Examining the Divergent Roles of Judge and Jury Under the Act's Enhanced Remedial Scheme, Michael D. Moberly

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    To My Children in Equal Shares: The Flaw of Estate Planning When Property is Devised to Beneficiaries as Tenants in Common, Camille M. Davidson

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    Understanding the Metacognitive "Space" and its Implications for Law Students' Learning, Jennifer A. Gundlach and Jessica R. Santangelo

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    Use of the NFLPA's Collective Bargaining Agreement to Tackle Health and Safety Issues Plaguing Active and Retired NFL Players, Kelly Fitzgerald

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    Violations During the Pandemic of Law School Faculties' Authority to Decide Methods of Instruction, Richard K. Neumann Jr.

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    Virtual Art and Non-Fungible Tokens, Lawrence J. Trautman

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    Voiceless Victims: Addressing the Issues of Prosecuting Intimate Partner Violence Without Victim Cooperation, Carolyn Powers

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    Voting Rights or Voting Entitlements?, James J. Sample

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    WADA: Wasting Efforts on the Wrong Dopes, Kyle Facibene

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    Walking the Tightrope between National Security Threats and Foreign Policy: How the United States Can Protect Its Citizens from Foreign Threats on the Internet and Social Media Without Hurting the Economy, Sean Zvi

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    What 2020 Really Needed: A New Standard for Impeachment, Erin Daley

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    When Exemptions Discriminate: Unlawfully Narrow Religious Exemptions to Vaccination Mandates by Private Colleges and Universities, Ronald J. Colombo

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    Who Benefits?: How the AIA Hurt Deceptively Non-Joined Inventors, Jordana R. Goodman

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    Wrongful Imprisonment and Coerced Moral Degradation, G. Alex Sinha and Janani Umamaheswar

 
 
 

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