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Articles 1 - 30 of 40
Full-Text Articles in Law
Baseball, Kenesaw Mountain Landis, And The Judicial Strike Zone - Home Run Or Foul On The Play?, Jan L. Jacobowitz
Baseball, Kenesaw Mountain Landis, And The Judicial Strike Zone - Home Run Or Foul On The Play?, Jan L. Jacobowitz
Articles
Babe Ruth, Lou Gehrig, Micky Mantle, and Shoeless Joe Jackson—There are many well-known baseball legends, but perhaps less well-known is the story of Kenesaw Mountain Landis, a judge turned baseball commissioner who inspired not only baseball fans, but also the American Bar Association’s first Judicial Canon of Ethics. The parallel stories of baseball’s greatest scandal, the judge appointed to be the first baseball commissioner, and the development of the judicial canons, provide context for the current controversial judicial prohibition--the appearance of impropriety.
Freedom From Speech, Mary Anne Franks
Freedom From Speech, Mary Anne Franks
Articles
The importance of freedom of speech in a democratic society is usually taken as a given, but freedom from speech is no less important in safeguarding the values of truth, autonomy, and democracy. Freedom from speech includes both the right of the individual to not be forced to speak and the freedom to avoid the speech of others. This essay attempts to highlight the significance of freedom from speech in order to clarify the importance of the First Amendment right against compelled speech; provide an explanation for when the right of free speech yields to other rights; and offer a …
Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi
Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi
Articles
No abstract provided.
Regulating Mobility Limitations In The Franchise Relationship As Dependency In The Joint Employment Doctrine, Andrew Elmore
Regulating Mobility Limitations In The Franchise Relationship As Dependency In The Joint Employment Doctrine, Andrew Elmore
Articles
Franchisors often impose exhaustive operational standards on franchisees, and enforce those standards by restricting the mobility of their franchisees and their franchisees' employees. But courts often ignore mobility limits when applying joint employer doctrine. This Article argues that courts and agencies should be more likely to find, and presume, that franchisors and their franchisees are joint employers under federal and state employment law based on proof that a franchisor restricts the mobility of franchisees or their employees. In so doing, this Article traces how the Chicago School's efficiency arguments in favor of relaxing antitrust law enforcement of vertical restraints developed …
Labor’S New Localism, Andrew Elmore
Labor’S New Localism, Andrew Elmore
Articles
Millions of workers in the United States, disproportionately women, immigrants, and people of color, perform low-paid, precarious work. Few of these workers can improve their workplace standards because the National Labor Relations Act ("NLRA") does not sufficiently protect their right to form unions and collectively bargain. Lacking sufficient influence in federal and state government to strengthen labor and employment law, unions and worker centers have increasingly sought to build power in cities. The shift to local labor lawmaking has delivered local minimum wage, paid sick leave, and fair scheduling ordinances covering millions of low-wage workers, as well as groundbreaking unionization …
Restorative Approaches To Intimate Partner Violence And Sexual Harm, Donna Coker (Ed.)
Restorative Approaches To Intimate Partner Violence And Sexual Harm, Donna Coker (Ed.)
Articles
No abstract provided.
Franchisor Power As Employment Control, Andrew Elmore, Kati L. Griffith
Franchisor Power As Employment Control, Andrew Elmore, Kati L. Griffith
Articles
Labor and employment laws are systematically underenforced in low-wage, franchised workplaces. Union contracts, and the benefits and protections they provide, are nonexistent. The Fight for Fifteen movement has brought attention to the low wages, systemic violations of workers' rights, and lack of collective representation in fast-food franchises. Given that franchisees can be judgment-proof and cannot set industry standards, the deterrence, remedial, and collective bargaining goals of labor and employment laws can depend on holding the franchisor (the brand) responsible under the joint employer doctrine. In a series of cases, however, a dominant approach has emerged that essentially foreclosed the possibility …
Labor Redemption In Work Law, Andrew Elmore
Labor Redemption In Work Law, Andrew Elmore
Articles
People with criminal records are not a protected class under Title VII, and many employers fear that hiring people with criminal records invites negligent hiring liability. Ban the Box privacy laws delay but may not deter overbroad criminal background checks. This Article challenges this standard account by shifting focus to the state in imposing arbitrary barriers to work. I expose a dignity interest in the removal of these unnecessary barriers, or "labor redemption." I find foundations of labor redemption in successful constitutional challenges to denials of public employment and occupational licenses. Labor redemption is also, increasingly, a statutory right, in …
Exploring The Esports Approach Of America's Three Major Leagues, Peter A. Carfagna
Exploring The Esports Approach Of America's Three Major Leagues, Peter A. Carfagna
Articles
No abstract provided.
Selling Out, Andrew B. Dawson
Selling Out, Andrew B. Dawson
Articles
When bankruptcy policy competes with other federal and state regulatory policies, which should take priority? Bankruptcy law, provided it is used to save a struggling business from having to close its doors. Bankruptcy's supremacy, then, can preserve the debtor's going concern value, save jobs, and limit the collateral damage from a business failure. But should this bankruptcy supremacy apply only when the debtor is pursuing a traditional reorganization under chapter 11, or should it also apply when bankruptcy is used to bring about a quick sale of substantially all of the debtor's assets?
This Article addresses this question in the …
The State Qui Tam To Enforce Employment Law, Andrew Elmore
The State Qui Tam To Enforce Employment Law, Andrew Elmore
Articles
No abstract provided.
Deploying Mindfulness To Gain Cognitive Advantage: Considerations For Military Effectiveness And Well-Being, Amishi P. Jha, Scott L. Rogers, Eric Schoomaker, Edward Cardon
Deploying Mindfulness To Gain Cognitive Advantage: Considerations For Military Effectiveness And Well-Being, Amishi P. Jha, Scott L. Rogers, Eric Schoomaker, Edward Cardon
Articles
Mindfulness involves paying attention to present moment experience without discursive commentary or emotional reactivity. Mindfulness training (MT) programs aim to promote this mental mode via introduction to specific mindfulness exercises, related in-class discussion, and ongoing engagement in mindfulness exercises. MT is being increasingly offered to high-demand, high-stress military/uniformed and civilian cohorts with a wide array of reported benefits. Herein, we begin by discussing recent theoretical models regarding MT’s mechanisms of action from a cognitive training/cognitive neuroscience perspective, which propose that MT engages and strengthens three key processes [e.g., 1]. These are: 1) attentional orienting, which is the ability to select …
Collaborative Enforcement, Andrew Elmore
Collaborative Enforcement, Andrew Elmore
Articles
Labor standards enforcement in the low-wage workplace has long suffered from a lack of capacity, expertise and remedies that blunt the impact of public and private enforcers alike. The question of how to address these pathologies in state and local workplace regulation has gained new urgency with the virtual explosion of regional labor lawmaking and the deregulatory impulses of the new federal administration.
This Article identifies collaboration between state and local agencies and private, public interest organizations ("PIOs") as one pathway to address these enforcement gaps, by amplifying the deterrent effect of public and private enforcement and by improving legal …
Franchise Regulation For The Fissured Economy, Andrew Elmore
Franchise Regulation For The Fissured Economy, Andrew Elmore
Articles
No abstract provided.
The Future Of Fast Food Governance, Andrew Elmore
Fifty Years After The Passage Of Title Vii: Is It Time For The Government To Use The Bully Pulpit To Enact A Status-Blind Harassment Statute, Marcia Narine
Articles
No abstract provided.
Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore
Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore
Articles
No abstract provided.
Labor Activism In Bankruptcy, Andrew B. Dawson
Labor Activism In Bankruptcy, Andrew B. Dawson
Articles
This article analyzes the role of labor unions in corporate reorganizations and argues that labor union participation can improve corporate governance in the bankruptcy context. Generally, when a unionized corporation seeks to reorganize in bankruptcy, it does so with an eye towards obtaining concessions from its labor unions. The Bankruptcy Code permits corporate debtors to reject their collective bargaining agreements and to impose reduced wages and benefits, thus placing labor unions in a position of bargaining over concessions in bankruptcy. Such concession bargaining is vitally important to the labor union and to the debtor's reorganization efforts; however, the focus on …
Pensioners, Bondholders, And Unfair Discrimination In Municipal Bankruptcy, Andrew B. Dawson
Pensioners, Bondholders, And Unfair Discrimination In Municipal Bankruptcy, Andrew B. Dawson
Articles
Detroit recently confirmed its plan of debt adjustment under which the city has endeavored to adjust its pension obligations. The court's confirmation order and oral opinion on the record present what is perhaps the most significant decision regarding a key question facing any city attempting to adjust pensions in bankruptcy: can a city propose to pay its pension claimants significantly more than its other unsecured creditors? This question involves interpreting the Bankruptcy Code's unfair discrimination rule.
The Detroit bankruptcy court applied a novel interpretation of unfair discrimination, eschewing the relatively thin body of case law interpreting this rule, and suggesting …
"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer
"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer
Articles
No abstract provided.
Community Syndicalism For The United States: Democratic Production In Resisting Hegemonic Globalization And Law, Kenneth M. Casebeer
Community Syndicalism For The United States: Democratic Production In Resisting Hegemonic Globalization And Law, Kenneth M. Casebeer
Articles
No abstract provided.
Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer
Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer
Articles
No abstract provided.
Egalitarianism And Exclusion: U.S. Guest Worker Programs And A Non-Subordination Approach To The Labor-Based Admission Of Nonprofessional Foreign National, Andrew Elmore
Articles
No abstract provided.
Challenging Ethnic Citizenship: German And Israeli Perspectives On Citizenship, David Abraham
Challenging Ethnic Citizenship: German And Israeli Perspectives On Citizenship, David Abraham
Articles
No abstract provided.
In Memory Of Joni Cesta, Neil D. Levin, Thomas Crane Wales, Glenn J. Winuk, David Yellen
In Memory Of Joni Cesta, Neil D. Levin, Thomas Crane Wales, Glenn J. Winuk, David Yellen
Articles
Volume 30 of the Hofstra Law Review is dedicated to members of the Hofstra community, including four graduates of the Law School, who were violently taken from us during the past year. Of the four Law School graduates, Joni Cesta '91, Neil D. Levin '81, and Glenn J. Winuk '87 were lost in the September 1 1th terrorist attacks on the World Trade Center. Thomas Crane Wales '79 was murdered in Seattle, Washington on October 11, 2001. The Hofstra Law Review presents the following biographical sketches to honor the memory of these four distinguished alumni.
State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore
State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore
Articles
No abstract provided.
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks
Articles
No abstract provided.
Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias
Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias
Articles
No abstract provided.
Title Vii Arbitration, Patrick O. Gudridge
Title Vii Arbitration, Patrick O. Gudridge
Articles
Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agreements should pre-empt judicial remedies for parties already covered by employment and labor legislation. First, in cases like Gilmer v. Interstate/Johnson Corp., the Supreme Court espouses a procedural analysis: the Court considers the extent to which the arbitration procedures reflect judicial processes. In Alexander v. Gardner-Denver and its successors, on the other hand, the Court examines whether the applicable statutes explicitly pre-empt the arbitration agreement. This article argues that neither approach is helpful. Rather, 'courts should consider whether the relevant statute applies standards derived essentially from "inside" …
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Articles
No abstract provided.