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- Maurice A. Deane School of Law at Hofstra University (17)
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Articles 61 - 88 of 88
Full-Text Articles in Law
Timothy's Law: Introducing New York To Mental Health Parity, Desiree Busching, Simon Kapochunas
Timothy's Law: Introducing New York To Mental Health Parity, Desiree Busching, Simon Kapochunas
Hofstra Labor & Employment Law Journal
No abstract provided.
Undignified In Defeat: An Analysis Of The Stagnation And Demise Of Proposed Legislation Limiting Video Surveillance In The Workplace And Suggestions For Change, Alexandra Fiore, Matthew Weinick
Undignified In Defeat: An Analysis Of The Stagnation And Demise Of Proposed Legislation Limiting Video Surveillance In The Workplace And Suggestions For Change, Alexandra Fiore, Matthew Weinick
Hofstra Labor & Employment Law Journal
No abstract provided.
Are You In Or Are You Out? The Effect Of A Prior Criminal Conviction On Bar Admission & A Proposed National Uniform Standard, Anthony J. Graniere, Hilary Mchugh
Are You In Or Are You Out? The Effect Of A Prior Criminal Conviction On Bar Admission & A Proposed National Uniform Standard, Anthony J. Graniere, Hilary Mchugh
Hofstra Labor & Employment Law Journal
No abstract provided.
The Ada Amendments Act: Dramatic Changes In Coverage, David K. Fram Esq.
The Ada Amendments Act: Dramatic Changes In Coverage, David K. Fram Esq.
Hofstra Labor & Employment Law Journal
No abstract provided.
A Lower "Salt" Content For Employers, Katie A. Mabanta, Alyson B. Skloot
A Lower "Salt" Content For Employers, Katie A. Mabanta, Alyson B. Skloot
Hofstra Labor & Employment Law Journal
No abstract provided.
Compulsory Arbitration As Part Of A Broader Employment Dispute Resolution Process: The Anheuser-Busch Example, Richard A. Bales, Jason N.W. Plowman
Compulsory Arbitration As Part Of A Broader Employment Dispute Resolution Process: The Anheuser-Busch Example, Richard A. Bales, Jason N.W. Plowman
Hofstra Labor & Employment Law Journal
Federal and state reporters are filled with examples of lopsided arbitration agreements drafted by employers with the apparent intent of discouraging employees from successfully bringing valid claims. The case reporters contain far fewer examples of employment dispute resolution programs that are carefully designed to ensure that employees receive a fundamentally fair forum for the resolution of their employment disputes, for the obvious reason that employees are less likely to challenge these programs. Similarly, most scholarly commentary focuses on the overall merits and demerits of employment arbitration, or on problems posed by particular provisions often found in employment arbitration agreements, but …
Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg
Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg
Hofstra Labor & Employment Law Journal
No abstract provided.
Federalism's False Hope: How State Civil Rights Laws Are Systematically Under-Enforced In Federal Forums (And What Can Be Done About It), Steven Andrew Smith, Adam Hansen
Federalism's False Hope: How State Civil Rights Laws Are Systematically Under-Enforced In Federal Forums (And What Can Be Done About It), Steven Andrew Smith, Adam Hansen
Hofstra Labor & Employment Law Journal
No abstract provided.
A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen
A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen
Hofstra Labor & Employment Law Journal
Although employment law in America generally operates under the presumption that employment for an unspecified term is at-will, recently courts have been creating exceptions to this rule in order to afford employees more legal protections. This paper will focus on the judicially created handbook exception under which courts find that an employee handbook can be contractually binding on an employee and, therefore, may transform an employment relationship from one that is at-will to one that is for-cause. Specifically, the paper will examine cases where courts have analyzed employee handbooks which include a disclaimer enunciating that the handbook is, indeed, not …
Knowing When To Keep Quiet: Weingarten And The Limitations On Representative Participation, Jodie Meade Michalski
Knowing When To Keep Quiet: Weingarten And The Limitations On Representative Participation, Jodie Meade Michalski
Hofstra Labor & Employment Law Journal
No abstract provided.
From The Rat To The Mouse: How Secondary Picketing Laws May Apply In The Computer Age, Thomas Moyher, Robert T. Szyba
From The Rat To The Mouse: How Secondary Picketing Laws May Apply In The Computer Age, Thomas Moyher, Robert T. Szyba
Hofstra Labor & Employment Law Journal
No abstract provided.
Asymmetrical Warfare: The Cost Of Electronic Discovery In Employment Litigation, Rodney A. Satterwhite, Matthew J. Quatrara
Asymmetrical Warfare: The Cost Of Electronic Discovery In Employment Litigation, Rodney A. Satterwhite, Matthew J. Quatrara
Richmond Journal of Law & Technology
A fundamental tenet of the 2006 Amendments to the Federal Rules of Civil Procedure (the “2006 Amendments”) is the notion that parties can agree and cooperate on issues relating to electronic discovery. Many of the rule changes now either require parties to meet and confer about electronic discovery or presuppose a certain level of dialogue between the parties regarding such issues.
A Chain Of Inferences Proving Discrimination, Michael J. Zimmer
A Chain Of Inferences Proving Discrimination, Michael J. Zimmer
University of Colorado Law Review
There are three elements in a plaintiff's prima facie case of individual disparate treatment discrimination: (1) the plaintiff suffered an adverse employment action, (2) the action was linked to the defendant, and (3) the defendant's action was motivated by a protected characteristic of the plaintiff. The third element-the defendant's intent to discriminateis the most challenging to prove. Thus, most individual disparate treatment discrimination cases, and this Article, focus on this inquiry. Part of the difficulty is that the second element-the level of linkage between the plaintiff's harm and the defendant's action-has been tied up in the discussion of intent. After …
Accommodating The Female Body: A Disability Paradigm Of Sex Discriminatio, Jessica L. Roberts
Accommodating The Female Body: A Disability Paradigm Of Sex Discriminatio, Jessica L. Roberts
University of Colorado Law Review
This Article presents a novel approach for understanding sex discrimination in the workplace by integrating three distinct areas of scholarship: disability studies, employment law, and architectural design. Borrowing from disabilities studies, I argue that the built environment serves as a situs of sex discrimination. In the first Part, I explain how the concept of disability has progressed from a problem located within the body of an individual with a disability to the failings of the built environment in which that person functions. Using this paradigm, in the next Part, I reframe workplaces constructed for male workers as instruments of sex …
Mother Jones Meets Gordon Gekko: The Complicated Relationship Between Labor And Private Equity, Matthew T. Bodie
Mother Jones Meets Gordon Gekko: The Complicated Relationship Between Labor And Private Equity, Matthew T. Bodie
University of Colorado Law Review
In 2007, private equity firms came under increasing scrutiny for the favorable tax treatment accorded to their fund managers' compensation. Labor, particularly the Service Workers International Union ("SEIU), was instrumental in bringing this issue to the attention of the media and the public. However, SEIU's private equity campaign is just one way in which the union is pursuing its primary concern: increasing the ranks of its members. This Article examines the role that the SEIU private equity campaign plays both in the overall debate about private equity taxation as well as in the union's negotiations with private equity firms. It …
Litigating Labor Rights Across A Demilitarized Zone: The South Korean Constitutional Court As A Forum To Address Labor Violations In North Korea's Kaesong Special Economic Zone, Lavanga V. Wijekoon
Litigating Labor Rights Across A Demilitarized Zone: The South Korean Constitutional Court As A Forum To Address Labor Violations In North Korea's Kaesong Special Economic Zone, Lavanga V. Wijekoon
Washington International Law Journal
South Korea heralds North Korea’s Kaesong Special Economic Zone as a shining example of inter-Korean cooperation. South Korean corporations at Kaesong combine South Korean expertise with North Korean labor. However, Kaesong operations violate the North Korean workers’ labor rights. This Comment explores the legal mechanisms available in South Korea to hold violative South Korean Kaesong corporations accountable. The South Korean Constitutional Court should entertain a constitutional petition from the North Korean workers. Such petition will compel the South Korean government to recognize the North Korean workers’ rights under the South Korean Constitution and hold violative South Korean corporations at Kaesong …
Six Clicks Of Separation: The Legal Ramifications Of Employers Using Social Networking Sites To Research Applicants, Ian Byrnside
Six Clicks Of Separation: The Legal Ramifications Of Employers Using Social Networking Sites To Research Applicants, Ian Byrnside
Vanderbilt Journal of Entertainment & Technology Law
As social networking sites like Facebook.com and MySpace.com continue to grow in popularity, college students and other job applicants voluntarily divulge an increasing amount of personal information on them, often unaware of the potential negative effects it may have on their search for employment. Employers are beginning to take note of this trend and are increasingly using applicants' social networking profiles to supplement traditional application information. Many applicants feel that employers should not base employment decisions on social networking profiles in any way and believe that it is illegal for employers to do so. Yet, it appears that employers that …
The Fair Use Doctrine And Trackjacking: Beautiful Animal Or Destroyer Of Worlds?, S. Wayne Clemons, Jr.
The Fair Use Doctrine And Trackjacking: Beautiful Animal Or Destroyer Of Worlds?, S. Wayne Clemons, Jr.
Vanderbilt Journal of Entertainment & Technology Law
"Trackjacking" is the unauthorized replacement of the original soundtrack of an audiovisual recording, such as a movie or television show, with another that is designed to alter substantially the plot and/or characters of the original work. While trackjacking is a creative and entertaining form of art, it may also constitute copyright infringement if the original work is one that is copyrighted. However, if certain criteria are met, the "fair use" doctrine provides a mechanism for courts to excuse what otherwise would be considered copyright infringement. Because the unique nature of trackjacking allows the new work to be distributed in such …
Discrimination & (And) Deference: Making A Case For The Eeoc's Expertise With English-Only Rules, Robyn S. Stoter
Discrimination & (And) Deference: Making A Case For The Eeoc's Expertise With English-Only Rules, Robyn S. Stoter
Villanova Law Review
No abstract provided.
Cat’S In The Cradle: Tenth Circuit Provides Silver Spoon Of Subordinate Bias Liability In Eeoc V. Bci Coca-Cola Bottling Co. Of Los Angeles, Curtis J. Thomas
Cat’S In The Cradle: Tenth Circuit Provides Silver Spoon Of Subordinate Bias Liability In Eeoc V. Bci Coca-Cola Bottling Co. Of Los Angeles, Curtis J. Thomas
Oklahoma Law Review
No abstract provided.
A Square Peg In A Round Hole: Whether Traditional Trust Law "Make-Whole" Relief Is Available Under Erisa Section 502(A)(3), Susan Harthill
A Square Peg In A Round Hole: Whether Traditional Trust Law "Make-Whole" Relief Is Available Under Erisa Section 502(A)(3), Susan Harthill
Oklahoma Law Review
No abstract provided.
Retirement In A Defined Contribution Era: Making The Money Last, 41 J. Marshall L. Rev. 1091 (2008), David Pratt
Retirement In A Defined Contribution Era: Making The Money Last, 41 J. Marshall L. Rev. 1091 (2008), David Pratt
UIC Law Review
No abstract provided.
Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey
Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey
UIC Law Review
No abstract provided.
Foreword, 41 J. Marshall L. Rev. Xxxvii (2008), Jonathan Barry Forman
Foreword, 41 J. Marshall L. Rev. Xxxvii (2008), Jonathan Barry Forman
UIC Law Review
No abstract provided.
Case Note: Golden Gate Restaurant Association V. City And County Of San Francisco: Setting The Stage For Supreme Court Review Of The Most Important Preemption Matter In The History Of Erisa, 41 J. Marshall L. Rev. 995 (2008), Joshua Waldbeser
UIC Law Review
No abstract provided.
Baby Ka-Boom! Coming Developments In Erisa Litigation Due To Social, Demographic, And Financial Pressures From The Baby Boom Generation, 41 J. Marshall L. Rev. 1037 (2008), Craig C. Martin, Matthew J. Renaud, Douglas A. Sondgeroth
Baby Ka-Boom! Coming Developments In Erisa Litigation Due To Social, Demographic, And Financial Pressures From The Baby Boom Generation, 41 J. Marshall L. Rev. 1037 (2008), Craig C. Martin, Matthew J. Renaud, Douglas A. Sondgeroth
UIC Law Review
No abstract provided.
The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore
The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore
UIC Law Review
No abstract provided.
European And American Issues In Employee Benefits Law Compared, 41 J. Marshall L. Rev. 1189 (2008), Yves Stevens
European And American Issues In Employee Benefits Law Compared, 41 J. Marshall L. Rev. 1189 (2008), Yves Stevens
UIC Law Review
No abstract provided.