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Full-Text Articles in Law

Lawyering At The Edge: Foreword, Roy D. Simon Jan 2007

Lawyering At The Edge: Foreword, Roy D. Simon

Hofstra Law Review

Lawyering can be humdrum and routine, or it can be exciting and dangerous (or anywhere in between). Hofstra's sixth major conference on legal ethics' focused on the exciting and dangerous parts. The title of the conference was "Lawyering at the Edge: Unpopular Clients, Difficult Cases, Zealous Advocates." The extraordinary roster of nineteen speakers featured both practicing lawyers and outstanding scholars. The practicing lawyers described their own personal experiences lawyering at the edge, while the scholars examined the inspiring stories of lawyers who have exhibited remarkable courage.


The Legality Of Using Employee Appearance Policies To Promote Organizational Culture, Dennis R. Kuhn, John A. Pearce Ii Jan 2007

The Legality Of Using Employee Appearance Policies To Promote Organizational Culture, Dennis R. Kuhn, John A. Pearce Ii

Hofstra Labor & Employment Law Journal

No abstract provided.


Bloggers Beware: A Cautionary Tale Of Blogging And The Doctrine Of At-Will Employment, Tracie Watson, Elisabeth Piro Jan 2007

Bloggers Beware: A Cautionary Tale Of Blogging And The Doctrine Of At-Will Employment, Tracie Watson, Elisabeth Piro

Hofstra Labor & Employment Law Journal

No abstract provided.


Void Agreements, Knocked-Out Terms, And Blue Pencils: Judicial And Legislative Handling Of Unreasonable Terms In Noncompete Agreements, Kenneth R. Swift Jan 2007

Void Agreements, Knocked-Out Terms, And Blue Pencils: Judicial And Legislative Handling Of Unreasonable Terms In Noncompete Agreements, Kenneth R. Swift

Hofstra Labor & Employment Law Journal

This article discusses the judicial and legislative handling of unreasonable terms in noncompete agreements. Section II provides a brief introduction to employer-employee noncompete agreement analysis and explores the preliminary issue of consideration. Section III analyzes the criteria and differing approaches courts use to determine the validity of a noncompete agreement, including the requirement of an employer’s legitimate business interest and the reasonableness of the occupational limitations as well as the geographic and temporal scope of the agreement. Section IV surveys the current judicial and statutory responses to unreasonable terms in a noncompete agreement. Section V and VI critique the varying …


Finding Worth In The New Workplace: The Implications Of Comparable Worth's Reemergence In The Global Economy, Daniel N. Kuperstein Jan 2007

Finding Worth In The New Workplace: The Implications Of Comparable Worth's Reemergence In The Global Economy, Daniel N. Kuperstein

Hofstra Labor & Employment Law Journal

No abstract provided.


The Employment Discrimination Provisions Of The Americans With Disabilities Act: Implementation And Impact, Scott Burris, Kathryn Moss Jan 2007

The Employment Discrimination Provisions Of The Americans With Disabilities Act: Implementation And Impact, Scott Burris, Kathryn Moss

Hofstra Labor & Employment Law Journal

Title I of the Americans with Disabilities Act prohibits employment discrimination on the basis of disability. Since its passage in 1990, debate has raged about whether the statute is doing any good. A steady stream of narrowing court decisions has led some to declare the law a failure. This article reviews the empirical evidence on the effectiveness of Title I. Many studies find a decline in employment rates among the disabled in the wake of the ADA, but the evidence that these declines were caused by the ADA is weak. Title I protects people who require no more than a …


Common Sense About Common Claims, David G. Karro Jan 2007

Common Sense About Common Claims, David G. Karro

Hofstra Labor & Employment Law Journal

No abstract provided.


Forty-Three And Counting: Eeoc's Challenges And Successes And Emerging Trends In The Employment Arena, Naomi C. Earp Jan 2007

Forty-Three And Counting: Eeoc's Challenges And Successes And Emerging Trends In The Employment Arena, Naomi C. Earp

Hofstra Labor & Employment Law Journal

No abstract provided.


The Creative Necessity Defense, Free Speech, And California Sexual Harassment Law, Thomas D. Brierton, Peter Bowal Jan 2007

The Creative Necessity Defense, Free Speech, And California Sexual Harassment Law, Thomas D. Brierton, Peter Bowal

Hofstra Labor & Employment Law Journal

No abstract provided.


Educating The Masses: Expanding Title Vii To Include Sexual Orientation In The Education Arena, Sheila Hatami, David Zwerin Jan 2007

Educating The Masses: Expanding Title Vii To Include Sexual Orientation In The Education Arena, Sheila Hatami, David Zwerin

Hofstra Labor & Employment Law Journal

No abstract provided.


More Than Just A Cool T-Shirt: What We Don't Know About Collective Bargaining-But Should-To Make Organizing Effective, Ellen Dannin, Gangaram Singh Jan 2007

More Than Just A Cool T-Shirt: What We Don't Know About Collective Bargaining-But Should-To Make Organizing Effective, Ellen Dannin, Gangaram Singh

Hofstra Labor & Employment Law Journal

No abstract provided.


The Criminal Element Of Neutrality Agreements, Mark A. Carter, Shawn P. Burton Jan 2007

The Criminal Element Of Neutrality Agreements, Mark A. Carter, Shawn P. Burton

Hofstra Labor & Employment Law Journal

No abstract provided.


The Discharge Of Sexual Harassment Judgments In Bankruptcy Court: An Attempt To Right A "Grave Injustice", David L. Adamson Jan 2007

The Discharge Of Sexual Harassment Judgments In Bankruptcy Court: An Attempt To Right A "Grave Injustice", David L. Adamson

Hofstra Labor & Employment Law Journal

No abstract provided.


Freedom Of The Press For Whom? The Question To Be Answered In Our Critical Juncture, Robert W. Mcchesney Jan 2007

Freedom Of The Press For Whom? The Question To Be Answered In Our Critical Juncture, Robert W. Mcchesney

Hofstra Law Review

No abstract provided.


Justice Scalia And His Meta-Cannon Of Absurdity, Ella Govshtein Jan 2007

Justice Scalia And His Meta-Cannon Of Absurdity, Ella Govshtein

Hofstra Law Review

No abstract provided.


Representing Capital Clients And The Elusive Quest For "Meaningful Access To Justice", Glenda G. Grace Jan 2007

Representing Capital Clients And The Elusive Quest For "Meaningful Access To Justice", Glenda G. Grace

Hofstra Law Review

No abstract provided.


Unethical Obedience By Subordinate Attorneys: Lessons From Social Psychology, Andrew M. Perlman Jan 2007

Unethical Obedience By Subordinate Attorneys: Lessons From Social Psychology, Andrew M. Perlman

Hofstra Law Review

This Article explores the lessons that we can learn from social psychology regarding a lawyer's willingness to comply with authority figures, such as senior partners or deep-pocketed clients, when they make unlawful or unethical demands. The Article reviews some of the basic literature in social psychology regarding conformity and obedience, much of which emphasizes the importance of context as a primary factor in predicting people's behavior. The Article then contends that lawyers frequently find themselves in the kinds of contexts that produce high levels of conformity and obedience and low levels of resistance to illegal or unethical instructions. The result …


Domestic Agreements, Brian Bix Jan 2007

Domestic Agreements, Brian Bix

Hofstra Law Review

No abstract provided.


Judges As Umpires, Theodore A. Mckee Jan 2007

Judges As Umpires, Theodore A. Mckee

Hofstra Law Review

No abstract provided.


Prosecutors And Corrupt Science, Kevin C. Mcmunigal Jan 2007

Prosecutors And Corrupt Science, Kevin C. Mcmunigal

Hofstra Law Review

No abstract provided.


Correcting Culture: Extraterritoriality And U.S. Employment Discrimination Law, Kathy Roberts Jan 2007

Correcting Culture: Extraterritoriality And U.S. Employment Discrimination Law, Kathy Roberts

Hofstra Labor & Employment Law Journal

No abstract provided.


Solidarity And Betrayal In The North Woods: A Review Of Strike! By Julius Getman, Cynthia Estlund Jan 2007

Solidarity And Betrayal In The North Woods: A Review Of Strike! By Julius Getman, Cynthia Estlund

Hofstra Labor & Employment Law Journal

No abstract provided.


Romance In The Workplace: When "Love" Becomes Litigation, Maureen S. Binetti Jan 2007

Romance In The Workplace: When "Love" Becomes Litigation, Maureen S. Binetti

Hofstra Labor & Employment Law Journal

No abstract provided.


Preamble Preemption And The Challenged Role Of Failure To Warn And Defective Design Pharmaceutical Cases In Revealing Scientific Fraud, Marketing Mischief, And Conflicts Of Interest, Teresa Curtin, Ellen Relkin Jan 2007

Preamble Preemption And The Challenged Role Of Failure To Warn And Defective Design Pharmaceutical Cases In Revealing Scientific Fraud, Marketing Mischief, And Conflicts Of Interest, Teresa Curtin, Ellen Relkin

Hofstra Law Review

No abstract provided.


Small Cap Companies And The Diamond In The Rough Theory: Dispelling The Ipo Myth And Following The Regulation A And Reverse Merger Examples, Gariel Nahoum Jan 2007

Small Cap Companies And The Diamond In The Rough Theory: Dispelling The Ipo Myth And Following The Regulation A And Reverse Merger Examples, Gariel Nahoum

Hofstra Law Review

No abstract provided.


Are We Still Americans?, Eric Lane Jan 2007

Are We Still Americans?, Eric Lane

Hofstra Law Review

No abstract provided.


Fighting Fire With Fire: Private Attorneys Using The Same Investigative Techniques As Government Attorneys: The Ethical And Legal Considerations For Attorneys Conducting Investigations, Gerald B. Lefcourt Jan 2007

Fighting Fire With Fire: Private Attorneys Using The Same Investigative Techniques As Government Attorneys: The Ethical And Legal Considerations For Attorneys Conducting Investigations, Gerald B. Lefcourt

Hofstra Law Review

No abstract provided.


The Chilling Effect That The Threat Of Sanctions Can Have On Effective Representation In Capital Cases, Richard P. Mauro Jan 2007

The Chilling Effect That The Threat Of Sanctions Can Have On Effective Representation In Capital Cases, Richard P. Mauro

Hofstra Law Review

No abstract provided.


Competitor And Other "Finite-Pie" Conflicts, Charles W. Wolfram Jan 2007

Competitor And Other "Finite-Pie" Conflicts, Charles W. Wolfram

Hofstra Law Review

No abstract provided.


Access To The Media - A Contemporary Appraisal, Jerome A. Barron Jan 2007

Access To The Media - A Contemporary Appraisal, Jerome A. Barron

Hofstra Law Review

No abstract provided.