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Maurice A. Deane School of Law at Hofstra University

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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 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 ...


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 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 ...


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.


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.


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.


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 ...


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.


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 ...


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.


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 ...


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.


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.


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.


Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert Jan 2011

Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert

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.


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.


Those Lost But Not Forgotten: Applicants With Severe Disabilities, Title I Of The Ada, And Retail Corporations, Charles P. Mileski Jan 2011

Those Lost But Not Forgotten: Applicants With Severe Disabilities, Title I Of The Ada, And Retail Corporations, Charles P. Mileski

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 ...


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.


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.


"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.


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.


The Crisis Exposed By Pari Passu, Preston M. Torbert Jan 2011

The Crisis Exposed By Pari Passu, Preston M. Torbert

Hofstra Law Review

This article is one practitioner's reaction to Gulati and Scott's The Three and A Half Minute Transaction: Boilerplate and the Limits of Contract Design. It notes that current contract drafting practices, especially for sovereign debt instruments, create a crisis: that is, a danger and an opportunity. The danger is the offshoring of contract drafting. The opportunity is to substantially improve contract drafting by establishing in a law school a laboratory program for creative innovation in contract drafting. The article suggests issues that such a program could adddress: the implications of the canons of interpretation for drafting, the problem ...


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.


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.


Wall Street As Yossarian: The Other Effects Of The Rajaratnam Insider Trading Conviction, J. Scott Colesanti Jan 2011

Wall Street As Yossarian: The Other Effects Of The Rajaratnam Insider Trading Conviction, J. Scott Colesanti

Hofstra Law Review

Without warning, the patient sat up in bed and shouted, ‘I see everything twice!’

And thus Yossarian, the war-weary bomber pilot of the masterful novel, Catch-22, was able to malinger in an Italian hospital even longer while nervous doctors attended to the strange malady of his neighbor.

The storied literary diversion may highlight the good fortune of those evading government prosecution of financial crimes in 2011, a year that fulfilled the promise that observers of hedge fund discipline would similarly see things twice. To wit, in May 2011, a Manhattan jury convicted billionaire hedge fund entrepreneur Raj Rajaratnam of fourteen ...


Dominance, Innovation, And Efficiency: Modifying Antitrust And Intellectual Property Doctrines To Further Welfare, Daniel J. Gifford Jan 2011

Dominance, Innovation, And Efficiency: Modifying Antitrust And Intellectual Property Doctrines To Further Welfare, Daniel J. Gifford

Hofstra Law Review

No abstract provided.