Digital Commons Network^™

Are Law Firm Partners “Employers” For Purposes Of Discrimination Law?: A Federal Court Of Appeals Suggests They May Not Be, Joanna Grossman

Hofstra Law Faculty Scholarship

No abstract provided.

Must States Follow A Federal Statute Mandating Unpaid Leave For Employees To Care For Sick Family Members And Newborns?: The Supreme Court Will Soon Decide, Joanna Grossman

Hofstra Law Faculty Scholarship

No abstract provided.

Rational Actors, Self-Defense, And Duress: Making Sense, Not Syndromes, Out Of The Battered Woman, Alafair S. Burke

Hofstra Law Faculty Scholarship

Current advocacy on behalf of battered women accused of criminal offenses focuses on the now familiar battered woman syndrome theory. Although the battered woman syndrome theory has enjoyed broad support when asserted by defendants claiming self-defense, the earnestness of the theory's judicial acceptance is questionable. First, in light of both empirical and analytical flaws in the battered woman syndrome theory, the overwhelming judicial acceptance of the theory is inconsistent with courts' growing tendency to scrutinize scientific evidence. Second, courts have been reluctant to extend the battered woman syndrome theory to the defense of duress, where the theory would excuse battered …

What Defines “Business Necessity” In The Discrimination Context?: A Federal Appellate Case Grapples With How Fast Transit Police Officers Must Run, Joanna Grossman

Hofstra Law Faculty Scholarship

No abstract provided.

Should Employers Be Held Responsible For Sexual Harassment Of Employees By Customers If They Were Aware Of It? A California Court Says No, But Gets It Wrong, Joanna Grossman

Hofstra Law Faculty Scholarship

No abstract provided.

Dual Resident Voting: Traditional Disenfranchisement And Prospects For Change, Ashira Ostrow

Hofstra Law Faculty Scholarship

In modern times, a large and growing number of Americans qualify as bona fide residents of two or more locales. These dual residents are subject to local taxes and ordinances and are profoundly affected by policies that concern their second-home community. Yet, in most states, individuals are prohibited from voting in more than one location through voting statutes that equate residence with domicile. Recently, the Second Circuit upheld a New York election law that prevents second-home owners from voting in both of their residential districts. This Note argues that extending the franchise in local elections to individuals who qualify as …

Bad Acts In Search Of A Mens Rea: Anatomy Of A Rape, Robin Charlow

Hofstra Law Faculty Scholarship

This article explores the problem of seemingly bad acts that go unpunished because the actor lacked knowledge of some fact necessary for conviction, most particularly in circumstances in which the harm done and the actor involved seem precisely those that the crime was intended to address. It first dissects an emotionally compelling rape case in which courts used a variety of theories to inculpate a defendant who did not have the mens rea required for the crime. In this first part, it explores the very confused state of the law regarding the mens rea of rape. In the second part, …

Can A Gay Man Targeted By Co-Workers Sue For Sexual Harassment? A Recent Federal Appeals Decision Says Yes, Joanna Grossman

Hofstra Law Faculty Scholarship

No abstract provided.

Sustainable Development And Postmodern International Law: Greener Globalization?, Barbara Stark

Hofstra Law Faculty Scholarship

The second session of the Global Preparatory Committee for the World Summit on Sustainable Development opened on January 28, 2002, in New York. Three observations emerge from ten days of plenary meetings and “side events,” cacophony and sound bites, visions of a vibrant, pristine world in the dimly lit United Nations (“UN”) basement, dingy with cigarette smoke. First, there was no big picture, no meta-narrative of sustainable development. There is no grand theory, no neat framework to which a coherent set of rules can be applied, and under which subcategories can be organized and responsibilities allocated.

These three observations correspond …

A Partial Legal Victory Against Continuing Discrimination: The New Supreme Court Ruling In Amtrak V. Morgan, Joanna L. Grossman

Hofstra Law Faculty Scholarship

This June, the U.S. Supreme Court decided a technical, but important case interpreting Title VII of the Civil Rights Act of 1964. The case–National Railroad Passenger Corp. (Amtrak) v. Morgan- was a victory for victims of sexual and other forms of harassment, but a loss for victims of other forms of illegal workplace discrimination. The issue was whether incidents of discrimination that occurred outside the statute of limitations could nevertheless form the basis for a suit pursuant to the “continuing violations” doctrine. The answer from the Court, in a decision authored by Justice Clarence Thomas, was “Yes and no.”

Should Employers Be Automatically Liable When Supervisors Coerce Sexual Favors From Subordinates?: The Second Circuit Says Yes, And It's Right, Joanna Grossman

Hofstra Law Faculty Scholarship

No abstract provided.

Digitized Pornography Meets The First Amendment, Eric M. Freedman

Hofstra Law Faculty Scholarship

As the professor on the panel, I feel that I should start by putting our subject into a bit of context. Then I will focus on the criminalization of depictions of imaginary children before saying a few words about the overbreadth of this statute.

By way of context, then, the problem that we are discussing is one that is characteristic of the introduction of new communications technologies.

At the end of the nineteenth century, when movies were first shown, people came running out of the theaters in panic when they saw a picture of a locomotive bearing down upon them-the …

A Recent Supreme Court Decision Gives A Boost To Sexual Harassment Victims, But Not To Other Victims Of Discrimination, Joanna Grossman

Hofstra Law Faculty Scholarship

No abstract provided.

The Bush Military Tribunals: Where Have We Been? Where Are We Going?, Eric M. Freedman

Hofstra Law Faculty Scholarship

On November 13, 2001, President George W. Bush issued the military order "Detention, Treatment, and Trial of Certain Non-citizens in the War Against Terrorism." One of its provisions authorizes the trial by military commission of any non-citizen as to whom the president determines "that there is reason to believe that such individual ... has engaged in, aided or abetted, or conspired to commit, acts of international terrorism, or acts in preparation therefor, that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States, its citizens, national security, foreign policy, …

Special Issue: Papers Celebrating The 25th Anniversary Of The Family Court Of Australia, Andrew Schepard

Hofstra Law Faculty Scholarship

The Family Court of Australia was born in an era of optimism in family law in the Westernized countries and at a time of great change in their political and social life. Traditional views of marriage and divorce and gender roles were in flux, and new institutions were needed to cope with the results. The resulting social upheaval sparked strong passions. The no-fault divorce legislation to which the creation of the Family Court of Australia was tied paqsed the Australian House of Representatives by a small margin on a conscience (nonparty) vote. Though a larger majority created the court itself, …

International Legal Developments In Review: 2001, Service Of Process Abroad, Katherine Birmingham Wilmore, Julian Ku

Hofstra Law Faculty Scholarship

No abstract provided.

Family Privacy And The Custody And Visitation Rights Of Adult Outsiders, John De Witt Gregory

Hofstra Law Faculty Scholarship

The subject of this symposium, custody law and practice, could not be more appropriate in light of Professor Robert J. Levy's grand contributions to the field as both a scholar and a lawyer. I first met Bob Levy some thirty years ago when I attended a three-week teaching conference sponsored by the Association of American Law Students, at which Professor Levy was a faculty member. During the ensuing three decades or so, he has been a generous, kind, and nurturing mentor for me. If a law professor can have a guru, then Bob Levy is certainly mine. More importantly, his …

Charity Considered As A Terrorist Tool, Norman I. Silber

Hofstra Law Faculty Scholarship

No abstract provided.

Women's Labor Rights Rulings In 2001: A Mixed Bag, Joanna L. Grossman

Hofstra Law Faculty Scholarship

Over the past year, federal and state courts issued a number of important decisions affecting the rights of working women. A review of these decisions reveals a mixed bag for women's rights. At the Supreme Court level, sex discrimination cases did not figure as prominently as they have in past year, yet the Court handed down a small but meaningful victory, and at least one significant defeat for female employees.

Foreword: Conference On Legal Ethics: "What Needs Fixing?", Roy D. Simon

Hofstra Law Review

The remarkable collection of papers in this special issue of the Hofstra Law Review grew out of Hofstra University School of Law's third major ethics conference, which was held at Hofstra from September 9 to September 11, 2001. The papers are linked together by the broad theme expressed in the conference's title: Legal Ethics: What Needs Fixing?

n this Foreword, I want to do three simple things. First, I want to talk about how Hofstra put the ethics conference together. Second, I want to comment on the connections between some of the papers. Third, I want to say a few …

End Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz

Hofstra Labor & Employment Law Journal

No abstract provided.

Workplace Mythologies And Unemployment Insurance: Exit, Voice And Exhausting All Reasonable Alternatives To Quitting, Deborah Maranville

Hofstra Law Review

This article argues that the requirement that workers exhaust alternatives to quitting in order to qualify for unemployment benefits is misguided. The requirement is premised on inaccurate assumptions about the world of work and the situation of employees. Albert Hirschman's Exit, Voice and Loyalty provides a theoretical framework for thinking about decisions to stay or leave in the economic and political realms. The exhaustion requirement is premised on a vision of employment as more like a political community than an economic marketplace. While this vision may be an attractive aspiration, it has little foundation in most twenty-first century workplaces.

Compensation For Victims Of Terror: A Specialized Jurisprudence Of Injury, Marshall S. Shapo

Hofstra Law Review

The legislation and Rules creating the September 11th Victim Compensation Fund (the "Fund") constitute a new entry in the "jurisprudence of injury." The Fund presents challenges that cut across traditional tort and compensation law, economic theory, philosophy, psychology and political science. This article combines analysis of the statute and the Rules with suggestions about their political significance, including brief summaries of heated public discussion about the Fund and a couple of personalized anecdotes, selected for their symbolic power.

Trying to "broker the politics of injury," Congress in establishing the Fund created a "unique form of public choice," with "something for …

Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins

Hofstra Law Review

No abstract provided.

Cheating Clients With The Percentage-Of-The-Gross Contigent Fee Scam, W. William Hodes

Hofstra Law Review

No abstract provided.

Toward Abandoning Organized Professionalism, Thomas D. Morgan

Hofstra Law Review

No abstract provided.

Expanding State Jurisdiction To Regulate Out-Of-State Lawyers, Charles W. Wolfram

Hofstra Law Review

No abstract provided.

Mandatory Pro Bono Publico For Law Students: The Right Place To Start, Christina M. Rosas

Hofstra Law Review

No abstract provided.

The Fair Housing Act And Insurance: An Update And The Question Of Disability Discrimination, John F. Stanton

Hofstra Law Review

No abstract provided.