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1 Hofstra Law Review Volume 5 Issue 1 Article Front Matter Follow this and additional works at: Recommended Citation (1976) "Front Matter," Hofstra Law Review: Vol. 5: Iss. 1, Article 13. Available at: This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact lawcls@hofstra.edu.

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3 2 The first place to look for the law in New York the RIGHT place to go every time you have a need to KNOW SHEPARD'S NEW YORK LAW LOCATOR ONE modern INDEX to ALL SOURCES of the law of NEW YORK, New York Constitution, New York statutes, New York court rules, Codes, Rules, and Regulations of the State of New York, New York cases (modern and currently cited, Attorney General's opinions and Law reviews published in New York * 7 Volumes, $ (includes first year's pocket parts) * 1976 Pocket Parts $40.00 Hard Bound *7 x 10 *650 to 925 pages per volume * Updated Semi - annually. Compiled, Published and Sold by Shepard's Citations Post Off ice Box 1235 Colorado Springs, Colorado m (303) Hofstra Law Review, Vol. 5, Iss. 1 [1976], Art. 13

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5 4 Hofstra Law Review Volume 5, No. 1 Fall 1976 HEMPSTEAD, NEW YORK Hofstra Law Review, Vol. 5, Iss. 1 [1976], Art. 13

6 et al.: Front Matter Cite as 5 HOFSTRA L. REV. Published by Scholarly Commons at Hofstra Law,

7 6 Hofstra Law Review MEMBER, NATIONAL CONFERENCE OF LAW REVIEWS Volume 5, No. 1 Fall 1976 Editor-in-Chief FRED D. HEATHER Managing Editors WILLIAM F. MCCARTIN WENDY G. SINGLEY Recent Developments Editor JACK M. PLATT Research Editors JONATHAN FALK BRAD ERIC SCHELER NORMA JEAN BLUMENFELD BRIAN S. CONNEELY MICHAEL B. FRANK MARVIN ITZKOWITZ SAN FORD M. ADLER WAYNE W. BASTEDO JANET E. BELKIN ROBERTA BENDER JAMES A. BERNS STEWART M. CASPER HARRIS N. COGAN DAVID M. COHEN STEVEN M. COHEN TERRI S. FEINSTEIN Notes & Comments Editors KAREN G. CROCKETT JEFFREY D. FIELDS STACEY MORITZ EDMOND P. MURPHY Associate Editors MONTE Z. JACKEL ROBERT JOHNSON SUSAN KANE MICHAEL W. ROSEN Staff MICHAEL RICKY GOLDEN SCOTT M. HIMES JOAN A. KING CAROL A. LIEB RENEE G. MAYER NANCY B. MCALLISTER SUSAN A. MILLS NESSA E. MOLL MICHAEL DONALD PATRICK NEAL ROBERT PLATT Articles Editors CHARLES M. CHERNICK MIRIAM HYMAN Book Review Editor LAWRENCE N. MULLMAN DORIA SALETSKY ARTHUR DAVID SANDERS MERYL ANN SILVERMAN BARRY C. WEISS RANDI B. ROSENBLATT LYNN F. SAMUELS JULIE D. SCHWARTZ SARA SILL MARGARET A. SIMONOFF EZRA D. SINGER STEVEN C. SPRONZ RANDYE BETH STEIN BRUCE R. THAW MARILYN LABB ZEITLAN LEON FRIEDMAN Faculty Advisors AARON D. TWERSKI EUGENE M. WYPYSKI Hofstra Law Review, Vol. 5, Iss. 1 [1976], Art. 13

8 et al.: Front Matter HOFSTRA UNIVERSITY SCHOOL OF LAW ADMINISTRATIVE OFFICERS Monroe H. Freedman, A.B., LL.B., LL.M., Dean and Professor of Law Aaron D. Twerski, B.S., J.D., Associate Dean and Professor of Law Stuart Rabinowitz, B.A., J.D., Associate Dean and Associate Professor of Law Marilyn Monter, B.A., J.D., Assistant Dean Eugene M. Wypyski, LL.B., M.L.S., Law Librarian and Professor of Law Luciana Chee, B.A., M.A., M.L.S., Cataloger David Weiss, B.A., J.D., Assistant Law Librarian Saul A. Miller, B.A., J.D., Placement Officer Etta Fafarman, Administrative Assistant For Admissions Lore Furst, Assistant to the Dean Charlotte Z. Hoffer, Assistant to the Dean FACULTY Burton C. Agata, B.A., J.D., LL.M., Professor of Law Marina Angel, B.A., J.D., Associate Professor of Law Joseph J. Bianco, B.A., J.D., Assistant Professor of Law Linda K. Champlin, B.A., LL.B., Associate Professor of Law David A. Diamond, A.B., LL.B., LL.M., Associate Professor of Law Stuart J. Filler, B.B.A., M.B.A., J.D., Professor of Law and Director of Clinical Programs Leon Friedman, A.B., LL.B., Associate Professor of Law William R. Ginsberg, B.A., J.D., Associate Professor of Law John DeWitt Gregory, B.A., J.D., Professor of Law Herman D. Hillman, B.A., J.D., Professor of Law Linda Hirschson, A.B., LL.B., LL.M., Associate Professor of Law David K. Kadane, B.A., LL.B., Professor of Law Lawrence W. Kessler, B.A., J.D., Associate Professor of Law Malachy T. Mahon, B.A., J.D., Professor of Law Sheila Rush Okpaku, B.A., J.D., Professor of Law Abraham P. Ordover, B.A., J.D., Professor of Law Daniel Q. Posin, Jr., B.A., M.A., J.D., LL.M., Associate Professor of Law Alan N. Resnick, B.A., J.D., LL.M., Associate Professor of Law Eric J. Schmertz, B.A., J.D., Professor of Law Ronald H. Silverman, B.A., J.D., Associate Professor of Law Brenda S. Soloff, A.B., LL.B., Associate Professor of Law Eric Lane, B.A., M.A., J.D., Visiting Professor of Law Steven Porter, B.A., J.D., Research Fellow David N. Brainin, A.B., J.D., Special Professor of Law The Honorable Karen S. Burstein, A.B., J.D., Special Professor of Law Charles Cummings, B.A., J.D., Special Professor of Law Nathan Z. Dershowitz, B.A., J.D., Special Professor of Law Victor Futter, B.A., LL.B., Special Professor of Law Lawrence Kurland, B.E.E., J.D., Special Professor of Law Eric D. Offner, B.B.A., J.D., Special Professor of Law L. Peter Parcher, B.A., LL.B., Special Professor of Law David G. Sacks, B.A., LL.B., Special Professor of Law Harvey W. Spizz, B.A., J.D., Special Professor of Law William J. McKeough, A.B., M.S., Ph.D., Associate Professor of Philosophy, Hofstra University Leonard Stark, B.A., C.P.A., LL.B., Associate Professor of Accounting, Hofstra University Jacob Weissman, A.B., J.D., Ph.D., Professor of Economics, Hofstra University Melvin Wulf, B.S., LL.B., Distinguished Visiting Professor of Constitutional Litigation Joel Carlson, B.A., J.D., Clinical Instructor and Staff Attorney, Community Legal Assistance Corporation Jonathan E. Gradess, B.A., J.D., Clinical Instructor and Staff Attorney, Community Legal Assistance Corporation Sondra R. Harris, A.B., J.D., Clinical Instructor and Staff Attorney, Tax Clinic Community Legal Assistance Corporation Susan Kluewer, A.B., J.D., Clinical Instructor and Staff Attorney, Community Legal Assistance Corporation Charles J. McEvily, A.B., J.D., Clinical Instructor and Executive Director of Community Legal Assistance Corporation Majorie H. Mintzer, A.B., J.D., Clinical Instructor and Staff Attorney, Community Legal Assistance Corporation Leonard L. Rivkin, A.B., LL.B., Clinical Instructor and Staff Attorney, Community Legal Assistance Corporation Published by Scholarly Commons at Hofstra Law,

9 8 Hofstra Law Review Volume 5, No. 1 Fall 1976 CONTENTS SYMPOSIUM ON THE FEDERAL RULES OF EVIDENCE INTRODUCTION Margaret A. Berger 1 THREE ESSAYS ON CHARACTER AND CREDIBILITY UNDER THE FEDERAL RULES or EVIDENCE Irving Younger 1 THE FEDERAL RULES OF EVIDENCE: RULE 501, Klaxon AND THE CON- STITUTION David E. Seidelson 21 SURPRISE! THAT DAMAGING TURNCOAT WITNESS is STILL WITH Us: AN ANALYSIS OF FEDERAL RULES OF EVIDENCE 607, 801(d)(l)(A) AND 403 Abraham P. Ordover 65 THE TREATMENT OF PRELIMINARY ISSUES OF FACT IN CONSPIRACY LITI- GATIONS: PUTTING THE CONSPIRACY BACK INTO THE COCONSPIRATOR RULE Lawrence W. Kessler 77 THE COCONSPIRATORS' EXCEPTION: DEFINING THE STANDARD OF THE INDEPENDENT EVIDENCE TEST UNDER THE NEW FEDERAL RULES OF EVIDENCE Paul B. Bergman 99 ARTICLE AN ESSAY IN SUPPORT OF THE SECOND CIRCUIT'S DECISIONS IN MARSHEL v. AFW FABRIC CORP. AND GREEN v. SANTA FE INDUSTRIES Mordecai Rosenfeld 111 NOTES AND COMMENTS INEVITABLE DISCOVERY: THE HYPOTHETICAL INDEPENDENT SOURCE EXCEPTION TO THE EXCLUSIONARY RULE 137 SECTIONS AND OF THE UNIFORM COMMERCIAL CODE: PARTIAL SOLUTIONS TO THE PROBLEM OF EXCUSE- 167 RECENT DEVELOPMENTS PAUL v. DAVIS Fourteenth Amendment Defamation- Procedural due process guarantees are not required when public officials seek to characterize a private citizen as a criminal 96 S. CT (1976) 199 Hofstra Law Review, Vol. 5, Iss. 1 [1976], Art. 13

10 et al.: Front Matter BOOK REVIEWS JUSTICE BY CONSENT: PLEA BARGAINS IN THE AMERICAN COURTHOUSE. BY ARTHUR ROSETT & DONALD R. CRESSEY. reviewed by Steven F. Cillers 217 reviewed by Robert L. Clarey 222 BOOKS RECEIVED 229 Cover designed by Andy Romano The HOFSTRA LAW REVIEW is published quarterly by students of the Hofstra University School of Law. The current subscription rate is ten dollars per volume. Individual issues are available at four dollars per copy. Subscription renewals will be automatic unless notice to the contrary is received. All communications should be addressed to: HOFSTRA LAW REVIEW, Hofstra University School of Law, Hempstead, New York » Copyright 1976 by the HOFSTRA LAW REVIEW. Published by Scholarly Commons at Hofstra Law,