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Maurice A. Deane School of Law at Hofstra University

2014

Gender

Articles 1 - 2 of 2

Full-Text Articles in Law

Plastic Injuries, Anne Bloom Jan 2014

Plastic Injuries, Anne Bloom

Hofstra Law Review

Perceptions of injuries are culturally mediated, mutable, plastic. In tort litigation, however, the cultural plasticity with which we perceive and experience injuries is often ignored. This Article explores the cultural plasticity with which we perceive injuries through the lens of plastic surgery litigation. It argues that determinations of injury in plastic surgery litigation turn on the culturally biased — and highly mutable — perceptions of medical professionals. More broadly, the Article argues that culture shapes perceptions of injuries in tort litigation as a whole. To make these points, the Article examines a prototypical plastic surgery case and surveys a range …


Finding A Fix For The Fmla: A New Perspective, A New Solution, Nicole Buonocore Porter Jan 2014

Finding A Fix For The Fmla: A New Perspective, A New Solution, Nicole Buonocore Porter

Hofstra Labor & Employment Law Journal

When the Family and Medical Leave Act was enacted in 1993, it was considered landmark legislation, as the first statute that contained an affirmative obligation on some employers to provide up to twelve weeks of unpaid leave for certain enumerated reasons, including for the birth or adoption of a baby, to care for a family member with a serious health condition, or because of the employee’s own serious health condition. Yet, despite the promise of the FMLA, many scholars argue that its faults outweigh its benefits. Critics complain about: the large percentage of the population not covered by the FMLA; …