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Maurice A. Deane School of Law at Hofstra University

Articles 1 - 30 of 37

Full-Text Articles in Law

Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski Jan 2013

Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski

Hofstra Labor & Employment Law Journal

U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the ...


The Gamification Of Work, Miriam A. Cherry Jan 2012

The Gamification Of Work, Miriam A. Cherry

Hofstra Law Review

In the language of cyberspace, introducing elements of fun or game-playing into everyday tasks or through simulations is known as the process of “gamification.” The idea that people could be working while they play a video game – in some instances without even knowing that they are working – is becoming part of our reality. Gamification is an important element of what in previous writing I have termed “virtual work,” that is, work that is taking place wholly online, in crowdsourcing arrangements, or in virtual worlds. The gamification of work is an important trend with important implications for employment law. This short ...


Intervention Of Right In Judicial Proceedings To Review Informal Federal Rulemaking, Michael Ray Harris Jan 2012

Intervention Of Right In Judicial Proceedings To Review Informal Federal Rulemaking, Michael Ray Harris

Hofstra Law Review

The codification of the Federal Rules of Civil Procedure in 1938 (the “Federal Rules”) created not only a more transactional approach to litigation, but also the flexible party structure that was necessary for “public law litigation” to flourish. Indeed, many argue that intervention by non-parties in public law cases is essential to ensure that the court can hear from and protect the wide range of interests likely to be impacted by its decision. This Article seeks to make a case for limiting intervention as of right in a specific subset of public law proceedings –– those brought to review the legality ...


Enforcing Self-Regulatory Organization's Penalties And The Nature Of Self-Regulation, Jonathan Macey, Caroline Novogrod Jan 2012

Enforcing Self-Regulatory Organization's Penalties And The Nature Of Self-Regulation, Jonathan Macey, Caroline Novogrod

Hofstra Law Review

No abstract provided.


Fits And Starts For Mandatory Arbitration, Roger B. Jacobs Jan 2012

Fits And Starts For Mandatory Arbitration, Roger B. Jacobs

Hofstra Labor & Employment Law Journal

No abstract provided.


Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio Jan 2012

Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio

Hofstra Labor & Employment Law Journal

No abstract provided.


The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth Glenn Dau-Schmidt, Winston Lin Jan 2012

The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth Glenn Dau-Schmidt, Winston Lin

Hofstra Labor & Employment Law Journal

American public sector unions and collective bargaining have been subjected to a vicious attack under the auspices of balancing government budgets, promoting "equity" between private and public employees and limiting the impact of "special interests" on government policy. The American and world financial crisis of 2007 resulted in the Great Recession of 2008 and substantial budget shortfalls for local and national governments world-wide. This financial crisis and the resulting disintegration of aggregate demand and employment are eerily similar to the financial crisis and collapse that led to the Great Depression of the 1930’s. However, unlike the calamity of the ...


The U.S. Supreme Court Upholds The Health Care Reform Law: What's Next For Employer-Sponsored Group Health Plans?, Stephen J. Mogila, Daniel L. Saperstein Jan 2012

The U.S. Supreme Court Upholds The Health Care Reform Law: What's Next For Employer-Sponsored Group Health Plans?, Stephen J. Mogila, Daniel L. Saperstein

Hofstra Law Review

No abstract provided.


Faulkner's Voting Rights Act: The Sound And Fury Of Section Five, Joel Heller Jan 2012

Faulkner's Voting Rights Act: The Sound And Fury Of Section Five, Joel Heller

Hofstra Law Review

In its most recent examination of the Voting Rights Act, the Supreme Court told a story about the South. Although the Court ultimately did not rule on the continued constitutionality of § 5, the VRA provision that singles out certain jurisdictions with a history of racially discriminatory voting practices for additional regulation, its opinion expressed significant doubt that the measure was still justified. In this tale of progress and redemption, the Court concluded that “things have changed in the South.”

One body of commentary that was not considered in this story was the region’s literature. Yet many of these works ...


The Rise Of Institutional Law Practice, Thomas D. Morgan Jan 2012

The Rise Of Institutional Law Practice, Thomas D. Morgan

Hofstra Law Review

For generations, the legal profession has assumed that only individual lawyers practice law. Ethical standards have been largely, if not exclusively, directed at individuals, and practice organizations have been regulated to prevent limiting individual lawyer professional judgment. The world in which lawyers now practice makes the individualized model obsolete. The complexity of modern law narrows the breadth of any individual lawyer's practice and makes law firms and other practice organizations inevitable. Firms, in turn, must maintain both ethical compliance and a high level of service quality that is inconsistent with lawyers behaving idiosyncratically. The article explores these developments and ...


Trix Are Not Just For Kids: The Supreme Court's Clumsy Handling Of The Public-Private Distinction And Its Legislative Impact On Breakfast And Beyond, David Gerardi Jan 2012

Trix Are Not Just For Kids: The Supreme Court's Clumsy Handling Of The Public-Private Distinction And Its Legislative Impact On Breakfast And Beyond, David Gerardi

Hofstra Law Review

No abstract provided.


Safe Localities Through Cooperation: Why The Secure Communities Program Violates The Constitution, Ana Getiashvili Jan 2012

Safe Localities Through Cooperation: Why The Secure Communities Program Violates The Constitution, Ana Getiashvili

Hofstra Law Review

No abstract provided.


A Prescription For Excess: Using Prescriptive Comity To Limit The Extraterritorial Reach Of The Sherman Act, Stephen D. Piraino Jan 2012

A Prescription For Excess: Using Prescriptive Comity To Limit The Extraterritorial Reach Of The Sherman Act, Stephen D. Piraino

Hofstra Law Review

No abstract provided.


Nearly Toothless: Why The Speech Act Is Mostly Bark, With Little Bite, Elizabeth J. Elias Jan 2011

Nearly Toothless: Why The Speech Act Is Mostly Bark, With Little Bite, Elizabeth J. Elias

Hofstra Law Review

No abstract provided.


Out Of The Channel And Into The Swamp: How Family Law Fails In A New Era Of Class Division, June Carbone Jan 2011

Out Of The Channel And Into The Swamp: How Family Law Fails In A New Era Of Class Division, June Carbone

Hofstra Law Review

No abstract provided.


"Sometimes A Cigar Is Just A Cigar": The Simple Story Of Pari Passu, Robert A. Cohen Jan 2011

"Sometimes A Cigar Is Just A Cigar": The Simple Story Of Pari Passu, Robert A. Cohen

Hofstra Law Review

No abstract provided.


Behind Prison Walls: The Failing Treatment Choice For Mentally Ill Minority Youth, Simone S. Hicks Jan 2011

Behind Prison Walls: The Failing Treatment Choice For Mentally Ill Minority Youth, Simone S. Hicks

Hofstra Law Review

No abstract provided.


Who Is Poking Around Your Facebook Profile? The Need To Reform The Stored Communications Act To Reflect A Lack Of Privacy On Social Networking Websites, Lindsay S. Feuer Jan 2011

Who Is Poking Around Your Facebook Profile? The Need To Reform The Stored Communications Act To Reflect A Lack Of Privacy On Social Networking Websites, Lindsay S. Feuer

Hofstra Law Review

No abstract provided.


Horseshoes And Hand Grenades: The Dodd-Frank Act's (Almost) Attack On Credit Rating Agencies, Allana M. Grinshteyn Jan 2011

Horseshoes And Hand Grenades: The Dodd-Frank Act's (Almost) Attack On Credit Rating Agencies, Allana M. Grinshteyn

Hofstra Law Review

No abstract provided.


The Adam Walsh Act As Applied To Juveniles: One Size Does Not Fit All, Richard A. Paladino Jan 2011

The Adam Walsh Act As Applied To Juveniles: One Size Does Not Fit All, Richard A. Paladino

Hofstra Law Review

No abstract provided.


Whistleblowers Cash In, Unwary Corporations Pay, John Ashcroft, Catherine Hanaway, Claudia L. Onate Griem Jan 2011

Whistleblowers Cash In, Unwary Corporations Pay, John Ashcroft, Catherine Hanaway, Claudia L. Onate Griem

Hofstra Law Review

No abstract provided.


Resolving The Modern Day Esau Problem Amongst Structured Settlement Recipients, Michelle M. Marcellus Jan 2011

Resolving The Modern Day Esau Problem Amongst Structured Settlement Recipients, Michelle M. Marcellus

Hofstra Law Review

No abstract provided.


Invested In Politics: Gun Jumping, Corporate Political Speech, And Citizens United, Alexander F.L. Sand Jan 2011

Invested In Politics: Gun Jumping, Corporate Political Speech, And Citizens United, Alexander F.L. Sand

Hofstra Law Review

No abstract provided.


Which "Client-Centered Counselors"?: A Reply To Professor Freedman, Robert F. Cochran, Jr. Jan 2011

Which "Client-Centered Counselors"?: A Reply To Professor Freedman, Robert F. Cochran, Jr.

Hofstra Law Review

In this article, Professor Cochran responds to Professor Freedman's comments concerning Cochran’s criticism of client-centered lawyering for its tendency to focus exclusively on the interests of clients, often at the expense of other people. Professor Freedman and his co-author, Professor Abbe Smith, appear to be alone among the client-centered counselors in supporting the idea of moral counsel as an integral part of the decision-making process. In this response, Cochran attempts to generate a conversation among those who identify themselves as client-centered lawyers as to the very significant differences between them in the matter of lawyer-client moral discourse. Under ...


Client-Centered Lawyering-What It Isn't, Monroe H. Freedman Jan 2011

Client-Centered Lawyering-What It Isn't, Monroe H. Freedman

Hofstra Law Review

No abstract provided.


Retain The Brains: Using A Conditional Residence Requirement To Keep The Best And Brightest Foreign Students In The United States, Katherine L. Porter Jan 2011

Retain The Brains: Using A Conditional Residence Requirement To Keep The Best And Brightest Foreign Students In The United States, Katherine L. Porter

Hofstra Law Review

No abstract provided.


Notes On The Margins Of Lawyering, In Three And A Half Minutes, Stewart Macaulay Jan 2011

Notes On The Margins Of Lawyering, In Three And A Half Minutes, Stewart Macaulay

Hofstra Law Review

No abstract provided.


The Future Of The Legal Profession: The New York City Corporation Counsel's Perspective On The Challenges And Opportunities Ahead, Michael A. Cardozo Jan 2011

The Future Of The Legal Profession: The New York City Corporation Counsel's Perspective On The Challenges And Opportunities Ahead, Michael A. Cardozo

Hofstra Law Review

No abstract provided.


Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness Jan 2011

Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness

Hofstra Law Review

No abstract provided.


Opt-Out Voting, Michael J. Pitts Jan 2011

Opt-Out Voting, Michael J. Pitts

Hofstra Law Review

This article proposes a new system of casting ballots at elections: opt-out voting. Opt-out voting would change the default rule for voting. Currently most registered voters go to a polling place to select a candidate. In contrast, opt-out voting would randomly pre-select a candidate for each registered voter and then allow the registered voter to switch the ballot to his or her preferred candidate. This article theorizes that switching to opt-out voting could lead to an increase in voter turnout, especially in local elections. This article argues that increasing participation, particularly on the local level, would be a positive change ...