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Full-Text Articles in Law

Model Draft Of A Rule 502(D) Order, Symposium Participants Mar 2013

Model Draft Of A Rule 502(D) Order, Symposium Participants

Fordham Law Review

No abstract provided.


Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett Mar 2013

Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett

Fordham Law Review

No abstract provided.


The Rulemakers’ Laments, Richard Marcus Mar 2013

The Rulemakers’ Laments, Richard Marcus

Fordham Law Review

No abstract provided.


Is It Safe? The Need For State Ethical Rules To Keep Pace With Technological Advances, Ann M. Murphy Mar 2013

Is It Safe? The Need For State Ethical Rules To Keep Pace With Technological Advances, Ann M. Murphy

Fordham Law Review

No abstract provided.


Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter Mar 2013

Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter

Fordham Law Review

No abstract provided.


Night Of The Living Dead Hand: The Individual Mandate And The Zombie Constitution, Gary Lawson Mar 2013

Night Of The Living Dead Hand: The Individual Mandate And The Zombie Constitution, Gary Lawson

Fordham Law Review

No abstract provided.


Avoiding Double Recovery: Assessing Liquidated Damages In Private Wage And Hour Actions Under The Fair Labor Standards Act And The New York Labor Law, Alexander J. Callen Mar 2013

Avoiding Double Recovery: Assessing Liquidated Damages In Private Wage And Hour Actions Under The Fair Labor Standards Act And The New York Labor Law, Alexander J. Callen

Fordham Law Review

Wage and hour cases are common in New York, yet courts calculate damages inconsistently when plaintiffs pursue their unpaid wages under both federal and state law. Overlapping provisions of the Fair Labor Standards Act and the New York Labor Law both authorize private actions for the recovery of certain unpaid wages, and each also provides an additional 100 percent of the unpaid wages as liquidated damages unless the employer establishes a good-faith defense. Given these similarities, New York wage and hour cases regularly flirt with the double recovery doctrine, which prevents plaintiffs from receiving duplicative awards.

Historically, courts in the …


Let The Punishment Fit The Crime: Sanctioning Absent Class Members For Failure To Respond To Postcertification Discovery Requests, Elizabeth A. Kalenik Mar 2013

Let The Punishment Fit The Crime: Sanctioning Absent Class Members For Failure To Respond To Postcertification Discovery Requests, Elizabeth A. Kalenik

Fordham Law Review

Courts rarely allow defendants to take discovery of absent class members after class action certification. However, if a court does permit such discovery and some absentees fail to respond, should the court sanction the nonresponsive absentees? Under what circumstances should the court dismiss the nonresponsive absentees? When considering whether and what sanctions to impose, courts make a decision about the rights and role of absentees in class actions.

This Note examines postcertification absentee discovery sanctions through a discussion of group litigation. Next, it analyzes the reasoning of courts that have dismissed absentees, declined to dismiss absentees, and imposed other sanctions …


Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire Mar 2013

Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire

Fordham Law Review

No abstract provided.