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Articles 1 - 3 of 3
Full-Text Articles in Law
The Limitation On Undocumented Workers’ Lost Earnings After Balbuena And Sanango: Crafting A Fair And Principled Balance Of Immigration Policy And New York State Labor Law § 240 Safety Goals, Meredith R. Miller
Scholarly Works
In December 2004, in a pair of cases, the Appellate
Division, First Department, held that under state labor
and tort laws, injured workers who are not legally permitted
to be present or employed in the United States
are only entitled to receive lost earnings reflecting what
they could have earned in their country of origin. This
article explores these First Department decisions by first
discussing the federal statutory and decisional backdrop
against which the cases arose. This article then
provides a discussion of the First Department cases and
the competing economic incentives they implicate.
Finally, this article posits that a …
Taxing The Promise To Pay, Gregg D. Polsky, Brant J. Hellwig
Taxing The Promise To Pay, Gregg D. Polsky, Brant J. Hellwig
Scholarly Works
The IRS recently disclosed that it has identified more than 100 executives at 42 leading public corporations that participated in a tax shelter designed to defer the recognition of income from the exercise of stock options. While the agency thus far has identified approximately $700 million in unreported gains from these shelters, it predicts that the revenue loss to the government will ultimately exceed $1 billion. Compared to most tax shelters, this particular transaction (commonly known as the "Executive Compensation Strategy" or "ECS") is remarkably simple. Rather than exercise the options individually, a participating executive instead transfers the options to …
Discrimination In Our Midst: Law School's Potential Liability For Employment Practices, Ann C. Mcginley
Discrimination In Our Midst: Law School's Potential Liability For Employment Practices, Ann C. Mcginley
Scholarly Works
Studies and articles examining tenured, tenure-track and contract faculty in law schools have exposed the inequalities that women face when compared with their male counterparts. This article asks the legal academic community to consider these conditions in light of established Title VII doctrine which forbids discrimination because of sex. This article offers a hypothetical about the fictitious National Law School, whose labor relationships mimic those of many real law schools in a number of ways. Based on the facts in this hypothetical, the article explores different possible causes of action, either systemic or individual, that employees could reasonably win against …