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Redefining 'Employee' In The Gig Economy: Shielding Workers From The Uber Model, Ben Z. Steinberger
Redefining 'Employee' In The Gig Economy: Shielding Workers From The Uber Model, Ben Z. Steinberger
Fordham Journal of Corporate & Financial Law
Increasingly, companies in the gig-economy utilize independent contractors, rather than traditional employees, as a means to cut costs and decrease employment related liability. These companies rely on independent contractors for work and retain control over work typically performed by employees. But there are significant legal distinctions between employees and independent contractors; namely employees are protected in ways that independent contractors are not. Traditionally, employees are defined as workers over whom an employer exerts or retains the right to control the manner and means of the work. While the traditional test to determine whether an individual is an employee is set …
Introduction: Examining White Collar Crime With Trifocals, Ellen S. Podgor
Introduction: Examining White Collar Crime With Trifocals, Ellen S. Podgor
Fordham Urban Law Journal
No abstract provided.
Blue Skies For America In The Securities Industry… Except For New York: New York's Martin Act And The Private Right Of Action, Adam J. Gana, Michael Villacres
Blue Skies For America In The Securities Industry… Except For New York: New York's Martin Act And The Private Right Of Action, Adam J. Gana, Michael Villacres
Fordham Journal of Corporate & Financial Law
No abstract provided.
Dodd-Frank's Impact On Sec Enforcement Actions In Light Of Janus Capital Group Inc. V. First Derivative Traders, Alexander Marton
Dodd-Frank's Impact On Sec Enforcement Actions In Light Of Janus Capital Group Inc. V. First Derivative Traders, Alexander Marton
Fordham Journal of Corporate & Financial Law
No abstract provided.
Making Impossible Tax Reform Possible, Susannah Camic Tahk
Making Impossible Tax Reform Possible, Susannah Camic Tahk
Fordham Law Review
The United States has long struggled to reform its federal income tax code. Despite enthusiastic and widespread bipartisan support for tax reform laws that would eliminate special–interest loopholes, the legislative process has been paralyzed when it comes to passing these laws. This Article proposes a solution to this seemingly intractable federal tax lawmaking paralysis. This paralysis arises because tax reform spreads its benefits among broad groups while concentrating its costs on narrow ones. Political science theory accurately predicts that laws with this cost–benefit allocation will fail. However, federal lawmakers can overcome tax lawmaking paralysis by distributing tax reform’s costs and …
Hola Preemption And The Original Intent Of Congress: Are Federal Thrifts Necessary To Stabilize The Housing Market?, Carliss N. Chatman
Hola Preemption And The Original Intent Of Congress: Are Federal Thrifts Necessary To Stabilize The Housing Market?, Carliss N. Chatman
Fordham Journal of Corporate & Financial Law
This article studies legislation, regulations, and case law to analyze whether the Homeowners Loan Act, as well as other measures taken to stabilize federal thrifts in the last forty years, have served their original purpose. It also examines the impact of federal intervention on states and homeowners and the role that federally-chartered institutions such as banks and savings and loan associations played in the 2008 market collapse. Over the course of this analysis, particular attention is given to Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This act has numerous goals including implementing stronger consumer protections, …
The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter
The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter
Fordham Journal of Corporate & Financial Law
No abstract provided.
Backdoor Bailout Disclosure: Must The Federal Reserve Disclose The Identities Of Its Borrowers Under The Freedom Of Information Act?, Alexander Sellinger
Backdoor Bailout Disclosure: Must The Federal Reserve Disclose The Identities Of Its Borrowers Under The Freedom Of Information Act?, Alexander Sellinger
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Attorney-Client Privilege Protection Act: The Prospect Of Congressional Intervention Into The Department Of Justice's Corporate Charging Policy, Andrew Gilman
Fordham Urban Law Journal
This Note analyzes the Privilege Protection Act, focusing on how it might change corporate white-collar prosecutions. Part I of this Note explores the mechanics of the corporate privilege, the development of the DOJ's waiver policy, and the structure of the Privilege Protection Act. Part II addresses the conflicting views on whether the Privilege Protection Act will bolster corporate attorney-client privilege, provide for the effective and efficient prosecution of white-collar crime, and promote ethical prosecutorial practices. Finally, Part III argues that the Privilege Protection Act is a misguided attempt to correct a greater systemic problem with the corporate attorney-client privilege and …
Federal Regulation And Legislation In The Wake Of The Subprime Mortgage Meltdown: A Legal Philosophical Analysis Of Federal Government Responses To Market Bubbles, Joshua Wirth
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Political Dynamics Of Corporate Legislation: Lessons From Israel, Yael T. Ben-Zion
The Political Dynamics Of Corporate Legislation: Lessons From Israel, Yael T. Ben-Zion
Fordham Journal of Corporate & Financial Law
No abstract provided.
Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman
Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman
Fordham Law Review
No abstract provided.
Who Should Win The Garbage Wars? Lessons From The Low-Level Radioactive Waste Policy Act, Jane Chuang
Who Should Win The Garbage Wars? Lessons From The Low-Level Radioactive Waste Policy Act, Jane Chuang
Fordham Law Review
No abstract provided.
The Private Securities Law Reform Act: Is It Working?, Hon. Edward R. Becker, Hon. Milton I. Shadur, Jill E. Fisch, Gregory P. Joseph
The Private Securities Law Reform Act: Is It Working?, Hon. Edward R. Becker, Hon. Milton I. Shadur, Jill E. Fisch, Gregory P. Joseph
Fordham Law Review
No abstract provided.
Legislating With Integrity, Jeremy Waldron
Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman
Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Regulations Governing Drugs And Performance Enhancers In Sports, Edward Jurith, Adolpho A. Birch, Robert Housman, Ronald Klempner
Regulations Governing Drugs And Performance Enhancers In Sports, Edward Jurith, Adolpho A. Birch, Robert Housman, Ronald Klempner
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Leach Keynote Address, James A. Leach
Leach Keynote Address, James A. Leach
Fordham Journal of Corporate & Financial Law
No abstract provided.
But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White
But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White
Fordham Journal of Corporate & Financial Law
No abstract provided.
Panel Ii: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Private Sector Data, Jennifer Barrett, Evan Hendricks, Solveig Singleton, David Sobel
Panel Ii: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Private Sector Data, Jennifer Barrett, Evan Hendricks, Solveig Singleton, David Sobel
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Recent Changes In The Duration Of Copyright In The United States And European Union: Procedure And Policy, Lisa M. Brownlee
Recent Changes In The Duration Of Copyright In The United States And European Union: Procedure And Policy, Lisa M. Brownlee
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport
Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Antitrust And Baseball – A League Of Their Own, Y. Shukie Grossman
Antitrust And Baseball – A League Of Their Own, Y. Shukie Grossman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Patenting Life In The European Community: The Proposed Directive On The Legal Protection For Biotechnological Inventions, Janice Mccoy
Patenting Life In The European Community: The Proposed Directive On The Legal Protection For Biotechnological Inventions, Janice Mccoy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Question Of Class: Does 42 U.S.C. Section 1985(3) Protect Women Who Are Barred From Abortion Clinics, Mary F. Leheny
Question Of Class: Does 42 U.S.C. Section 1985(3) Protect Women Who Are Barred From Abortion Clinics, Mary F. Leheny
Fordham Law Review
No abstract provided.
The Question Of Family: Lesbians And Gay Men Reflecting A Redefined Society, Libby Post
The Question Of Family: Lesbians And Gay Men Reflecting A Redefined Society, Libby Post
Fordham Urban Law Journal
The cutting edge issue in the gay community is now the fight for domestic partnership rights. The absence of domestic partnership rights have resulted in the unequal treatment of an entire class of citizens, with gays and lesbians routinely denied jobs, housing, economic benefits such as health care, insurance, public accommodations, and may even result in these individuals being fired or facing eviction solely because of their sexual orientation. The author argues that to rectify these injustices, we must redefine the definition of family to be more in line with that used in New York's Braschi v. Stahl Assocs. Co., …
What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney
What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney
Fordham Urban Law Journal
Bankruptcy law regarding partnerships differs from the law pertaining to individuals and corporations. Only a partnership can be involuntarily petitioned into bankruptcy by individuals within the organization. Involuntary petitions can be used by general partners as bargaining chips, and may encourage partners who can personally benefit from filing to do so, even if the act would be detrimental to the partnership. Under present bankruptcy law, an involuntary petition may be commenced against a partnership by fewer than all of the general partners in such partnership. In comparison to prior bankruptcy provisions governing a partner's involuntary petition against the partnership, the …
Too Many Consonants And Not Enough Consonance: The Development Of The S&L Regulatory Framework, Lucia J. Mandarino
Too Many Consonants And Not Enough Consonance: The Development Of The S&L Regulatory Framework, Lucia J. Mandarino
Fordham Law Review
No abstract provided.
Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.
Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.
Fordham Law Review
No abstract provided.
The Office Of Thrift Supervision, Robert Cooper
The Office Of Thrift Supervision, Robert Cooper
Fordham Law Review
No abstract provided.