Hofstra Law Review Volume 6 Issue 4 Article 13 1978 Front Matter Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Recommended Citation (1978) "Front Matter," Hofstra Law Review: Vol. 6: Iss. 4, Article 13. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol6/iss4/13 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.
et al.: Front Matter Nobody can read all the new law, but with... THE UNITED STATES LAW WEEK you can keep up with the really significant new law You know that thousands of decisions and rulings pour from the courts and federal agencies every year. LAW WEEK guards you against missing a single development of legal importance... yet saves you time by reducing your reading load! To do this, LAW WEEK'S staff of lawyer-editors research hundreds of opinions and rulings every week to find the precedent-setting few that make new law. These significant cases are digested for you under quick reference topic headings in the appropriate sections designated: 1.) New Court Decisions; 2.) Federal Agency Rulings; 3.) Supreme Court Opinions. To save even more of your time, the more significant opinions and rulings appearing in all sections of LAW WEEK are highlighted in a special Summary and Analysis section a five-minute, terse evaluation of the effect of these developments on current law. A key feature of LAW WEEK is its high-speed reporting of U.S. Supreme Court opinions in full text accompanied by crisp and accurate summary digests. Mailed the same day they are handed down, these exact photographic reproductions of the Court's opinions eliminate the possibility of printing errors. LAW WEEK also gives you full texts of all federal statutes of general interest, immediately after the President signs them. And for easy reference, LAW WEEK is fully indexed by topic and by case title both for general law and Supreme Court actions. Practicing attorneys: Write for details about our no-risk, 45-day approval offer. THE BUREAU OF NATIONAL AFFAIRS, INC. 1231 25th Street, N.W., Washington, D.C. 20037 Telephone: 202 452-4500 Published by Scholarly Commons at Hofstra Law, 1978 1
2 GET LOST! When you're looking for quick answers from the Government, When your client needs to know more about his opponent or competitor, When your client's group needs to see what the FBI or CIA have on file about them, When the cause of that accident Is locked in a federal agency file somewhere out of reach... A Federal Agency will tell you: GET LOST But get FEDERAL INFORMATION DISCLOSURE Instead (by James T. O'Reilly) For the first time, in one comprehensive and reliable sourcebook, a complete guide to getting information out of the government's files and protecting your client's right to keep his file information safe from competitors! The costs of trade secret protection don't matter if your client's secrets are being given away; the costs of a piece of information not available to you before trial may be more than you think. In one clearly-written, comprehensive and readable text, you'll find the solutions to getting, using and even protecting information under the Freedom of Information Act, the Privacy Act, and the new Government in the Sunshine Act. As lawyers participate more in federal decision-making and as your clients come to realize their need for government information without long delays and without getting lost in the maze Federal Information Disclosure is a book for today's attorney. (Accident Reports^ FBI Some topics: * Getting into closed meetings that decide your client's financial future, inside the federal agency. * Getting access to the FBI's file on your client... * Protecting your client's trade secrets from dissemination by federal agencies... * Finding out competitors' plans and future movements... * The Freedom of Information Act * The Privacy Act * Government in the Sunshine * Other Federal Disclosure and Secrecy Laws ABOUT THE AUTHOR JAMES T. O'REILLY is Counsel for Food. Drug & Product Safety for Procter & Gamble Co. He is the author of eleven articles, in such journals as Business Lawyer, Labor Law Journal, and Virginia Bar News, and has spoken at conferences on the business impact of the Freedom of Information Act. A graduateof the University of Virginia, he has worked as law clerk for an administrative law judge in a large federal agency, and is a member of the Virginia and Ohio Bars. G Please send me Federal Information Disclosure at the $50.00 price plus $1.50 postage & handling. Purchase includes my order for all future upkeep service. D Please notify me of availability of future upkeep service. n I would like to examine for 30 days without obligation. D Have your representative call on me. D Charge my Shepard's account number D Check enclosed Shepard's pays postage & handling. n Bill me D Bill Firm Ship to: Name Address.. City.Zip. Ordered By Signature Orders subject 10 until paid for in ft cceplance in Colorado Springs Title Terms available No carrying chare Aporox. 600 p*gn, loots Int. 1977 Copyright, SSO.OO To be supplemented annually. Published and for sale by SHEPARD'S, Inc. of Colorado Springs Post Office Box 1235 Colorado Springs, Colorado 80901 (303) 633-5521 Hofstra Law Review, Vol. 6, Iss. 4 [1978], Art. 13 http://scholarlycommons.law.hofstra.edu/hlr/vol6/iss4/13
et al.: Front Matter The Hofstra Law Review is proud to announce the election of the following students to the Board of Editors for Volume 7: Editor-in-Chief Managing Editors Articles Editors Articles & Book Review Editor Recent Developments Editor Notes & Comments Editors Research Editors Thomas C. Wales Andrea Bayer Felder John Pacht Carol Ann Pisano Catherine Samuels Patti Ann Alleva Deborah C. Moritz Shirley Jay Lesley Beth Magaril Neal Steven Schelberj; Julie Wachs Michael I. Friedman Clifford M. Gerber Published by Scholarly Commons at Hofstra Law, 1978 3
4 HOFSTRA IAW REVIEW Volume 6, No. 4 Summer 1978 HEMPSTEAD, NEW YORK 11550 Hofstra Law Review, Vol. 6, Iss. 4 [1978], Art. 13 http://scholarlycommons.law.hofstra.edu/hlr/vol6/iss4/13
et al.: Front Matter Cite as 6 HOFSTRA L. REV. Published by Scholarly Commons at Hofstra Law, 1978 5
6 HOFSTRA IAW REVIEW MEMBER, NATIONAL CONFERENCE OF LAW REVIEWS Volume 6, No. 4 Summer 1978 Editor-in-Chief SCOTT M. HIMES NEAL ROBERT PLATT Articles Editors JOAN A. KING CAROL A. LIEB Articles ir Book Reviews Editor NANCY B. MCALLISTER Managing Editors Notes >Lr Comments Editors STEVEN M. COHEN JULIE D. FAY TERRI S. FEINSTEIN SARA SILL SUSAN A. MILLS Recent Developments Editor RENEE G. MAYER Research Editors SANFORD M. ADLER ROBERTA BENDER JANET E. BELKIN JAMES A. BERNS STEWART M. CASPER HARRIS N. COGAN DAVID M. COHEN Associate Editors MICHAEL RICKY GOLDEN NESSA E. MOLL MICHAEL DONALD PATRICK RANDI B. ROSENBLATT LYNN F. SAMUELS EZRA D. SINGER STEVEN C. SPRONZ RANDYE BETH STEIN LIAM FIONNBARRA TWOMEY MARILYN LABB ZEITLAN PATTI ANN ALLEVA GARY A. BARASH SHARON F. CARTON DEBRA L. DINOWITZ MARTHA T. EIDEH-ORLEY KIM FASS ANDREA BAYER FELDER MARC S. FLEISHER MICHAEL I. FRIEDMAN CAROLYN GELLER Staff CLIFFORD M. GERBER TIMOTHY GILBERT NANCY E. GOLD JEFFREY GROSSMAN SHIRLEY JAY LESLEY BETH MAGARIL BARBARA BROOKE MANNING DEBORAH C. MORITZ JOHN PACHT ABIGAIL I. PETERSEN CAROL ANN PISANO MARGOT RAU CATHERINE SAMUELS NEAL STEVEN SCHELBERG KATHE J. TYRRELL JULIE WACHS THOMAS C. WALES PETER G. WARREN DEBORAH BLACK ZWANY LEON FRIEDMAN Faculty Advisors AARON D. TWERSKI EUGENE M. WYPYSKI Hofstra Law Review, Vol. 6, Iss. 4 [1978], Art. 13 http://scholarlycommons.law.hofstra.edu/hlr/vol6/iss4/13
et al.: Front Matter HOFSTRA UNIVERSITY SCHOOL OF LAW ADMINISTRATIVE OFFICERS Aaron D. Twerski, B.S., J.D., Interim 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 Karen Bragg, B.A., M.S., J.D., Reference Librarian Richard P. Cronin, B.A., J.D., Director of Placement Etta Fafarman, Administrative Assistant for Admissions Lore Furst, Assistant to the Dean Deborah Goldstein, B.A., M.L.S., Acquisitions Librarian Charlotte Z. Hoffer, B.S., Assistant to the Dean Ellen Mawhinney, B.S., M.L.S., Head Cataloger David Weiss, B.A., J.D., Assistant Law Librarian FACULTY Burton C. Agata, B.A., J.D., LL.M., Professor of Law Marina Angel, B.A., J.D., Associate Professor of Law Leonard B. Boudin, B.S.S., LL.B., Distinguished Visiting Professor Linda K. Champlin, B.A., LL.B., Associate Professor of Law Howard I. Cohen, B.S., M.A., LL.B., Special 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 Monroe H. Freedman, A.B., LL.B., LL.M., Professor of Law Leon Friedman, A.B., LL.B., Associate Professor of Law Victor Futter, B.A., LL.B., Special Professor of Law William R. Ginsberg, B.A., J.D., Associate Professor of Law John DeWitt Gregory, B.A., J.D., Professor of Law Linda Hirschson, A.B., LL.B., LL.M., Associate Professor of Law (on leave 1977-78) David K. Kadane, B.A., LL.B., Professor of Law Susan M. Kane, A.B., J.D., Research Fellow Lawrence W. Kessler, B.A., J.D., Associate Professor of Law Eric Lane, B.A., M.A., J.D., Associate Professor of Law Malachy T. Mahon, 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 Sheila Rush, B.A., J.D., Professor of Law David G. Sacks, B.A., LL.B., Special Professor of Law Eric J. Schmertz, B.A., J.D., Professor of Law Stephen R. Senie, B.A., LL.B., Special 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 Harvey W. Spizz, B.A., J.D., Special Professor of Law Jacob Weissman, A.B., J.D., Ph.D., Professor of Economics Victor J. Ambrose, B.A., J.D., Clinical Instructor and Staff Attorney, Community Legal Assistance Corporation Susan J. Bryant, B.A., J.D., Clinical Instructor and Staff Attorney, Community Legal Assistance Corporation Sondra R. Harris, B.A., 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 Marjorie H. Mintzer, A.B., J.D., Clinical Instructor and Staff Attorney, Community Legal Assistance Corporation Published by Scholarly Commons at Hofstra Law, 1978 7
Hofstra Law Review, Vol. 6, Iss. 4 [1978], Art. 13 HOFSTRA JAW REVIEW Volume 6, No. 4 Summer 1978 CONTENTS ARTICLES TOWARDS A HUMAN RIGHTS THEORY OF CPIMINAL LAW: A HUMANISTIC PERSPECTIVE... John Delaney TAX SHELTERS: THE CONTINUING STRUGGLE... D aniel Q. Posin 831 919 NOTES RETURN TO THE CUCKOO'S NEST: AN EXAMINATION OF THE NATIONAL COMMISSION REPORT ON PSYCHOSURGERY.. DELAWARE REEXAMINES ITS MERGER LAWS: NEW PROTEC- TION FOR MINORITY SHAREHOLDERS?.... 941 973 THE FREE PRESS-FAIR TRIAL DILEMMA: NEW DIMENSIONS IN A CONTINUING STRUGGLE... 1013 STANDING TO CHALLENGE INTERNAL REVENUE SERVICE DE- CISIONMAKING: THE NEED FOR A BETTER RATION- ALE... 1041 THE AFFIRMATIVE DUTY OF FEDERAL DEPARTMENTS AND AGENCIES TO RESTORE ENDANGERED AND THREATENED SPECIES... 1067 COMMENTS MOORE V. CITY OF EAST CLEVELAND--Zoning-Due Process and Restrictive Definitions of "Family"-A municipal or- http://scholarlycommons.law.hofstra.edu/hlr/vol6/iss4/13 8
et al.: Front Matter dinance limiting residential occupancy to a restricted family unit comprised of certain categories of related individuals violates the due process clause of the fourteenth amendment-97 S. Ct. 1932 (1977)... 1087 BOARD OF CURATORS V. HoROWTZ-Constitutional Law- Procedural Due Process-Dismissals from public educational institutions for academic as opposed to disciplinary reasons do not mandate a hearing before the school's decisionmaking body-98 S. Ct. 948 (1978)... 1101 BOOK REVIEW DEVELOPMENTS IN TENDER OFFERS FOR CORPORATE CON- TROL. By EDWARD R. ARANow, HERBERT A. EINHORN, AND GEORGE BERLSTEIN reviewed by J. William Robinson... 1129 BOOKS RECEIVED... 1143 Published quarterly by the Hofstra Law Review Association. The current subscription rate is twelve 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 Association, Hofstra University School of Law, Hempstead, New York 11550. Copyright 1978 by the Hofstra Law Review Association. Published by Scholarly Commons at Hofstra Law, 1978 9
Hofstra Law Review, Vol. 6, Iss. 4 [1978], Art. 13 IN MEMORIAM Jonathan Falk 1952-1978 Jonathan Falk died last September in the San Diego aviation disaster. He was 25 years old, a 1977 graduate of Hofstra Law School, and Research Editor for Volume 5 of the Review. We mark his death with the sense of a great absence, so much that was here is now gone. When the pain of this loss has lessened, our memory of Jon will provide great strength. What follows was written by Fred D. Heather, Editor-in-Chief for Volume 5, on behalf of all members of the Review who knew and worked with Jon. Jonathan Falk brought to Hofstra a precious ability to study law. On the basis of his academic achievement, he became a member of the Law Review at the end of his first year. The following year he was elected to the Board of Editors. Jon was justly proud of these honors. In return, he gave his talents, his energy, and his love to the School and to the Review. While Jon succeeded in law school, he refused to forsake his other passions or to limit his joy in the variety of life. He wrote a sports column for the law school newspaper. We will remember his glee at receiving a press pass to the New York Jets practice facilities at Hofstra. Jon served on the admissions http://scholarlycommons.law.hofstra.edu/hlr/vol6/iss4/13 10
et al.: Front Matter committee. There he sifted through countless applications to champion qualified applicants who would have been overlooked by traditional admission formulas. It would be unfair to Jon, however, to measure our memory of him by the honors he received or by the diversity of his interests. Above all, Jon was blessed with the gift of friendship. He was never too burdened or too tired for his friends. Whatever fears and challenges we confronted in law school, we weathered them easier because of Jon. He shared with us, he encouraged us, and he joked with us through the toughest times. Jon was a giver, not a taker. Perhaps our best tribute to him would be for us to give to others some of the friendship he so willingly gave to us. Many friends and acquaintances have asked if there is some special way they can show their affection for Jon. If they wish they can contribute to the Jonathan Falk Memorial Scholarship Fund which will be used to assist one student each year who exemplifies Jon's outstanding qualities. Checks may be sent to JONATHAN FALK MEMO- RIAL SCHOLARSHIP FUND, Office of the Dean, Hofstra University School of Law, Hempstead, New York 11550. Published by Scholarly Commons at Hofstra Law, 1978 11