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Articles 1 - 30 of 82
Full-Text Articles in Law
Those Unpublished Opinions: An Appropriate Expedience Or An Abdication Of Responsibility?, Lawrence J. Fox
Those Unpublished Opinions: An Appropriate Expedience Or An Abdication Of Responsibility?, Lawrence J. Fox
Hofstra Law Review
No abstract provided.
Use, Liability, And The Structure Of Trademark Law, Uli Widmaier
Use, Liability, And The Structure Of Trademark Law, Uli Widmaier
Hofstra Law Review
No abstract provided.
Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien
Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien
Hofstra Labor & Employment Law Journal
This article deals with the issue of whether alcoholism should qualify as a disability under the Americans with Disabilities Act. Under this theoretical category, an employee or potential employee would have a cause of action once he shows his disability no longer interferes with his ability to perform his job. One example of a prospective plaintiff is a recovering alcoholic. The author addresses the difference between a disparate impact claim and a disparate treatment claim and asserts what employers should do to ensure they do not run afoul of the ADA.
A Ban By Any Other Name: Ten Years Of "Don't Ask, Don't Tell", Sharon E. Debbage Alexander
A Ban By Any Other Name: Ten Years Of "Don't Ask, Don't Tell", Sharon E. Debbage Alexander
Hofstra Labor & Employment Law Journal
No abstract provided.
Guilty As Charged, Jay Hatheway
Guilty As Charged, Jay Hatheway
Hofstra Labor & Employment Law Journal
No abstract provided.
Workplace Harassment: A Proposal For A Bright Line Test Consistent With The First Amendment, Debra D. Burke
Workplace Harassment: A Proposal For A Bright Line Test Consistent With The First Amendment, Debra D. Burke
Hofstra Labor & Employment Law Journal
No abstract provided.
Something Every Lawyer Needs To Know: The Employer-Employee Distinction In The Modern Law Firm, Catherine Lovly, Matthew J. Mehnert
Something Every Lawyer Needs To Know: The Employer-Employee Distinction In The Modern Law Firm, Catherine Lovly, Matthew J. Mehnert
Hofstra Labor & Employment Law Journal
No abstract provided.
Why Punitive Damages Should Be Awarded For Retaliatory Discharge Under The Fair Labor Standards Act, Carol Abdelmesseh, Deanne M. Diblasi
Why Punitive Damages Should Be Awarded For Retaliatory Discharge Under The Fair Labor Standards Act, Carol Abdelmesseh, Deanne M. Diblasi
Hofstra Labor & Employment Law Journal
No abstract provided.
The Education Of A Sailor, Keith Taylor
The Education Of A Sailor, Keith Taylor
Hofstra Labor & Employment Law Journal
No abstract provided.
Honing Our Kraft?: Reconciling Variations In The Remedial Treatment Of Weingarten Violations, Michael D. Moberly, Andrea G. Lisenbee
Honing Our Kraft?: Reconciling Variations In The Remedial Treatment Of Weingarten Violations, Michael D. Moberly, Andrea G. Lisenbee
Hofstra Labor & Employment Law Journal
No abstract provided.
Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley
Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley
Hofstra Labor & Employment Law Journal
No abstract provided.
Liberty, Diversity, Academic Freedom, And Survival: Preferential Hiring Among Religiously-Affliated Institutions Of Higher Education, Jamie Darin Prenkert
Liberty, Diversity, Academic Freedom, And Survival: Preferential Hiring Among Religiously-Affliated Institutions Of Higher Education, Jamie Darin Prenkert
Hofstra Labor & Employment Law Journal
This article discusses the exemptions given to religious educational institutions from the usual Title VII protections afforded employees. The author supports the use of such exemptions when they promote diversity and protecting the fundamental foundation of the institution itself, but warns that there is a point where the exemptions must not be used even when they are within the power of the institution to invoke. Such inappropriate instances include promoting faculty or granting tenure to faculty members who are not of the religious persuasion of the institution, or hiring the best and brightest faculty over the professor who simply agrees …
When Harry Met Larry And Larry Got Sick: Why Same-Sex Families Should Be Entitled Benefits Under The Family And Medical Leave Act, Alana M. Bell, Tamar Miller
When Harry Met Larry And Larry Got Sick: Why Same-Sex Families Should Be Entitled Benefits Under The Family And Medical Leave Act, Alana M. Bell, Tamar Miller
Hofstra Labor & Employment Law Journal
No abstract provided.
Introduction, James A. Garland
Introduction, James A. Garland
Hofstra Labor & Employment Law Journal
No abstract provided.
"Don't Ask, Don't Tell": A Qualified Defense, Eugene R. Milhizer
"Don't Ask, Don't Tell": A Qualified Defense, Eugene R. Milhizer
Hofstra Labor & Employment Law Journal
Upon the 10th Anniversary of the so-called “Don’t Ask, Don’t Tell” policy, I was asked to reflect upon the policy by Hofstra University. This article presents my remarks at a symposium dedicagted to this topic. The article first reviews in detail the origins of the policy. It then explores the moral debate implicated by the policy, including the traditional arguments against homosexuality with special attention to the natural law, and latitudinarian arguments in favor of homosexuality or opposed to discrimination based on the basis of homosexuality. The article next surveys contemporary attitudes about homosexuality, focusing on military service by homosexuals. …
How Do You Say Gay In Arabic? Being Essential Under "Don't Ask, Don't Tell", Alastair Gamble
How Do You Say Gay In Arabic? Being Essential Under "Don't Ask, Don't Tell", Alastair Gamble
Hofstra Labor & Employment Law Journal
No abstract provided.
The Continuing Relevance Of Race-Concious Remedies And Prgrams In Integrating The Nation's Workforce, Michael L. Foreman, Kristin M. Dadey, Audrey J. Wiggins
The Continuing Relevance Of Race-Concious Remedies And Prgrams In Integrating The Nation's Workforce, Michael L. Foreman, Kristin M. Dadey, Audrey J. Wiggins
Hofstra Labor & Employment Law Journal
The authors argue that achieving diversity should be one of the main legitimate justifications for affirmative action programs, in addition to the traditionally cited "remedy for past discrimination" justification. The authors describe the legal framework for affirmative action beginning with the Civil Rights Act of 1964. They discuss the various types of affirmative action plans - public and private, court ordered and voluntary. The article concludes with a discussion of Department of Justice and EEOC policies towards affirmative action, arguing that the federal government should be the biggest proponent of such programs.
Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal
Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal
Hofstra Labor & Employment Law Journal
No abstract provided.
Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam
Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam
Hofstra Law Review
No abstract provided.
To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison L. Lacroix
To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison L. Lacroix
Hofstra Law Review
The practice of dueling demolishes any happy notion that people are fundamentally the same regardless of the particular chronological moment in which they inhabit the world. Yet the duel flourished in the United States at least until the latter decades of the nineteenth century, when it died out in a regionally specific manner. This Article provides an antidote to static views of dueling by analyzing the duel as both a subject of legal regulation and a precursor to legal remedies for injuries to reputation. The duel carried profound public meaning; to duel was to perform the specific role of gentleman …
The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz
The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz
Hofstra Law Review
Prompted by the litany of complaints about corporate boards - as once again highlighted by recent corporate scandals - this paper seeks to add to the literature on why corporation laws in the United States (and, indeed, around the world) generally call for corporate governance by or under a board of directors. Moreover, this paper takes a very different approach in searching for an answer. Instead of theorizing, this paper examines historical sources in order to look at how and why an elected board of directors came to be the accepted mode of corporate governance. This will entail a reverse …
Judicial Attitudes Toward Confronting Attorney Misconduct: A View From The Reported Decisions, Judith A. Mcmorrow, Jackie A. Gardina, Salvatore Ricciardone
Judicial Attitudes Toward Confronting Attorney Misconduct: A View From The Reported Decisions, Judith A. Mcmorrow, Jackie A. Gardina, Salvatore Ricciardone
Hofstra Law Review
Over the last 20 years, a rich body of literature has emerged to describe the increasingly complex system of lawyer regulation in the United States. This article studies the available data from the Code of Judicial Conduct and federal and state court opinions to glean a richer understanding of how judges construct their individual and institutional role in this web of attorney regulation. The picture that emerges from the reported decisions in both state and federal court is a desire to maintain the integrity of the judicial process and a concern for the efficiency and fairness in the proceeding before …
A Look At The Causes, Impact And Future Of The Sarbanes-Oxley Act, Scott Green
A Look At The Causes, Impact And Future Of The Sarbanes-Oxley Act, Scott Green
Journal of International Business and Law
No abstract provided.
Service Member Experiences Roundtable, James A. Garland
Service Member Experiences Roundtable, James A. Garland
Hofstra Labor & Employment Law Journal
No abstract provided.
The Graduate Assistant Labor Movement, Nyu And Its Aftermath: A Study Of The Attitudes Of Graduate Teaching And Research Assistants At Seven Universities, Gerilynn Falasco, William J. Jackson
The Graduate Assistant Labor Movement, Nyu And Its Aftermath: A Study Of The Attitudes Of Graduate Teaching And Research Assistants At Seven Universities, Gerilynn Falasco, William J. Jackson
Hofstra Labor & Employment Law Journal
No abstract provided.
Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa
Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa
Hofstra Labor & Employment Law Journal
No abstract provided.
A Rational Constitutional Faith: Remarks In Response To Professor Amsterdam, Eric M. Freedman
A Rational Constitutional Faith: Remarks In Response To Professor Amsterdam, Eric M. Freedman
Hofstra Law Review
There are a few substantive thoughts about the future that I wanted to share before letting you get acquainted with each other at the reception. But in order to talk about the future, I will have to go back to the past.
On a beautiful spring day, April 5, 1588, there was a young woman in an advanced state of pregnancy strolling along a beach on the south coast of England when she had an experience that is directly comparable to sitting in your office at the World Trade Center and seeing an airplane heading for your window. She saw …
The Escalating Copyright Wars, Peter K. Yu
The Escalating Copyright Wars, Peter K. Yu
Hofstra Law Review
Piracy is one of the biggest threats confronting the entertainment industry today. Every year, the industry is estimated to lose billions of dollars in revenue and faces the potential loss of hundreds of thousands of jobs. To protect itself against Internet pirates, the entertainment industry has launched the latest copyright war. So far, the industry has been winning. Among its trophies are the enactment of the Digital Millennium Copyright Act, Vivendi Universal's defeat and purchase of MP3.com, the movie studios' victory in the DeCSS litigation, the bankruptcy and subsequent sale of Napster and its recent relaunch as a legitimate subscription-based …
Unauthorized Pop-Up Advertising And The Copyright And Unfair Competition Implications, Michael A. Leon
Unauthorized Pop-Up Advertising And The Copyright And Unfair Competition Implications, Michael A. Leon
Hofstra Law Review
No abstract provided.
Scraping Beneath The Surface: Finally Holding Lead-Based Paint Manufacturers Liable By Applying Public Nuisance And Market-Share Liability Theories?, Lisa A. Perillo
Scraping Beneath The Surface: Finally Holding Lead-Based Paint Manufacturers Liable By Applying Public Nuisance And Market-Share Liability Theories?, Lisa A. Perillo
Hofstra Law Review
No abstract provided.