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Articles 1 - 30 of 48
Full-Text Articles in Law
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Hofstra Law Review
In her article Prof. Bartlett focuses on race and sex, not where they cross, but what they look like side by side using child custody as a starting point for a more detailed assessment of the similarities and differences between sex and race discrimination. The author focuses on the operation of, and attempts to eliminate, race and sex discrimination in child custody law, using a methodology of moving back and forth between examples of race discrimination and sex discrimination, showing how looking at one in relation to the other contributes to a better understanding of both.
Victims Of Abuse And Discrimination: Protecting Battered Homosexuals Under Domestic Violence Legislation, Pamela M. Jablow
Victims Of Abuse And Discrimination: Protecting Battered Homosexuals Under Domestic Violence Legislation, Pamela M. Jablow
Hofstra Law Review
No abstract provided.
State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher
State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher
Hofstra Labor & Employment Law Journal
No abstract provided.
Employment Benefits: Will Your Significant Other Be Covered?, Renee M. Scire, Christopher A. Raimondi
Employment Benefits: Will Your Significant Other Be Covered?, Renee M. Scire, Christopher A. Raimondi
Hofstra Labor & Employment Law Journal
No abstract provided.
The Struggle For Human Rights, Harry Wu
The Struggle For Human Rights, Harry Wu
Hofstra Labor & Employment Law Journal
No abstract provided.
The Use (Or Abuse) Of Expert Witnesses In Post-Daubert Employment Litigation, Bruce D. Black
The Use (Or Abuse) Of Expert Witnesses In Post-Daubert Employment Litigation, Bruce D. Black
Hofstra Labor & Employment Law Journal
No abstract provided.
Convocation Inaugurating The Samuel M. Kaynard Distinguished Visiting Professorship In Labor And Employment Law, Stuart Rabinowitz, Eric J. Schmertz, Shuart M. James, John D. Feerick, Meryl R. Kaynard, Ann Kaynard
Convocation Inaugurating The Samuel M. Kaynard Distinguished Visiting Professorship In Labor And Employment Law, Stuart Rabinowitz, Eric J. Schmertz, Shuart M. James, John D. Feerick, Meryl R. Kaynard, Ann Kaynard
Hofstra Labor & Employment Law Journal
No abstract provided.
Conceptions Of Fairness And The Fair Labor Standards Act, Seth D. Harris
Conceptions Of Fairness And The Fair Labor Standards Act, Seth D. Harris
Hofstra Labor & Employment Law Journal
This article uses the history of the Fair Labor Standards Act's minimum wage provisions to examine how statutes that benefit interests that are comparatively weak in the political market become law. The article tracks the history of the American debate over fairness in wages beginning with the demise of slavery through the passage of the Fair Labor Standards Act in 1938 in search of an answer. The search yields two answers. The first answer is that bargaining power is dynamic, not static. The article discusses the socio-economic crises and effective political advocacy by living wage proponents that changed the political …
The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco
The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco
Hofstra Labor & Employment Law Journal
No abstract provided.
Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller
Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller
Hofstra Labor & Employment Law Journal
Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" …
Striking Bargains: The At-Will Employment Of Permanent Strike Replacements, Michael D. Moberly
Striking Bargains: The At-Will Employment Of Permanent Strike Replacements, Michael D. Moberly
Hofstra Labor & Employment Law Journal
No abstract provided.
The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin
The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin
Hofstra Labor & Employment Law Journal
No abstract provided.
The Perils Of Public Opinion, Deborah W. Denno
The Perils Of Public Opinion, Deborah W. Denno
Hofstra Law Review
This article discusses the significance of Paul Robinson’s and John Darley’s book, Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”), and why the book is an excellent springboard for further research comparing community standards and legal codes. However, contrary to Justice’s conclusions, this article particularly emphasizes the perils of incorporating public opinion into the law based upon three major sources: (1) this article's own study of national and New Jersey demographic and political affiliation data, (2) the results presented in Justice, and (3) the results of public opinion research.
This article suggests that public opinion research may …
The 1999 Amendments To The Ethical Considerations In New York's Code Of Professional Responsibility, Roy Simon
The 1999 Amendments To The Ethical Considerations In New York's Code Of Professional Responsibility, Roy Simon
Hofstra Law Review
I will focus tonight only on the 1999 Amendments to the Ethical Considerations ("ECs") in New York's Code of Professional Responsibility. There has not been a lot of attention paid to these Amendments, partly because the ECs are adopted only by the New York State Bar Association. They are not adopted by the courts. As such, they do not have Part 1200 numbers and are not part of the official compilation of New York Codes, Rules and Regulations ("NYCRR"). Therefore, when the stories came out in mid-July about the Amendments to the Code of Professional Responsibility, they generally did not …
Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson
Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson
Hofstra Law Review
Part I of this Article summarizes the arguments as to why lay intuitions of justice are important for criminal law rule-makers. Part II sketches the challenges at reliably determining those intuitions and describes methodology worked out to meet those challenges. Part III looks briefly at one simple study to illustrate the methodology, which has been used on a wide variety of issues, as described in Part IV.
The Curious Incident Of The Workers In The Boardroom, Brett H. Mcdonnell
The Curious Incident Of The Workers In The Boardroom, Brett H. Mcdonnell
Hofstra Law Review
No abstract provided.
Foreword: Is Justice Just Us?, Christopher Slobogin
Foreword: Is Justice Just Us?, Christopher Slobogin
Hofstra Law Review
No abstract provided.
Lay Perceptions Of Justice Vs. Criminal Law Doctrine: A False Dichotomy?, Dan M. Kahan
Lay Perceptions Of Justice Vs. Criminal Law Doctrine: A False Dichotomy?, Dan M. Kahan
Hofstra Law Review
No abstract provided.
The Relevance Of Community Values To Just Deserts: Criminal Law, Punishment Rationales, And Democracy, Kenneth W. Simons
The Relevance Of Community Values To Just Deserts: Criminal Law, Punishment Rationales, And Democracy, Kenneth W. Simons
Hofstra Law Review
No abstract provided.
The Inapplicability Of The Parol Evidence Rule To The United Nations Convention On Contracts For The International Sale Of Goods, Peter J. Calleo
The Inapplicability Of The Parol Evidence Rule To The United Nations Convention On Contracts For The International Sale Of Goods, Peter J. Calleo
Hofstra Law Review
No abstract provided.
When Winning Isn't Everything: The Lawyer As Problem Solver, Carrie J. Menkel-Meadow
When Winning Isn't Everything: The Lawyer As Problem Solver, Carrie J. Menkel-Meadow
Hofstra Law Review
This essay presents the elements of a problem solving approach to legal practice, taken from Professor Menkel-Meadow's work on legal negotiation. The article reviews different orientations and approaches to legal problem solving, suggests some different questions to be asking about legal and social problems and briefly explores the role of creativity in legal problem solving.
Defending Defending: The Case For Unmitigated Zeal On Behalf Of People Who Do Terrible Things, Abbe Smith
Defending Defending: The Case For Unmitigated Zeal On Behalf Of People Who Do Terrible Things, Abbe Smith
Hofstra Law Review
No abstract provided.
Neil T. Shayne Memorial Lecture: Foreword, Chris Mcdonough
Neil T. Shayne Memorial Lecture: Foreword, Chris Mcdonough
Hofstra Law Review
No abstract provided.
Can Anyone Stop Big Brother? New York's Drunk Driving Laws Do Not Pass The Constitutional Test, Michael J. Langer
Can Anyone Stop Big Brother? New York's Drunk Driving Laws Do Not Pass The Constitutional Test, Michael J. Langer
Hofstra Law Review
No abstract provided.
In What Often Appears To Be A Crapshoot Legislative Process, Congress Throws Snake Eyes When It Enacts The Indian Gaming Regulatory Act, Neil Scott Cohen
In What Often Appears To Be A Crapshoot Legislative Process, Congress Throws Snake Eyes When It Enacts The Indian Gaming Regulatory Act, Neil Scott Cohen
Hofstra Law Review
No abstract provided.
Standardized Tests: The Continuation Of Gender Bias In Higher Education, Andrea L. Silverstein
Standardized Tests: The Continuation Of Gender Bias In Higher Education, Andrea L. Silverstein
Hofstra Law Review
No abstract provided.
"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner
"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner
Hofstra Labor & Employment Law Journal
No abstract provided.
Deconstructing The Framers' Right To Property: Liberty's Daughters And Economic Rights, Barbara Stark
Deconstructing The Framers' Right To Property: Liberty's Daughters And Economic Rights, Barbara Stark
Hofstra Law Review
Deconstruction is a method for exposing hidden assumptions, that which is taken for granted, unquestioned. This Article draws on this method first to explain how the right to property, as understood by the Framers, became the hidden, unquestioned assumption of the Bill of Rights. Second, this Article draws on deconstruction to "unpack" the right to property to reveal the lesser-subsumed economic rights it takes for granted. It argues that the right to property and economic rights are iterations of the same rights, from the perspectives of the "haves" and the "have-nots," respectively. Recent work by women's historians makes it possible …
The Constitutionality Of Racial Classifications In Public School Admissions, Kevin Brown
The Constitutionality Of Racial Classifications In Public School Admissions, Kevin Brown
Hofstra Law Review
No abstract provided.
The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond
The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond
Hofstra Law Review
No abstract provided.