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Articles 1 - 30 of 70
Full-Text Articles in Law
The Ada Amendments Act: Dramatic Changes In Coverage, David K. Fram Esq.
The Ada Amendments Act: Dramatic Changes In Coverage, David K. Fram Esq.
Hofstra Labor & Employment Law Journal
No abstract provided.
Federalism's False Hope: How State Civil Rights Laws Are Systematically Under-Enforced In Federal Forums (And What Can Be Done About It), Steven Andrew Smith, Adam Hansen
Federalism's False Hope: How State Civil Rights Laws Are Systematically Under-Enforced In Federal Forums (And What Can Be Done About It), Steven Andrew Smith, Adam Hansen
Hofstra Labor & Employment Law Journal
No abstract provided.
Rethinking Information Privacy In An Age Of Online Transparency, Robert Sprague
Rethinking Information Privacy In An Age Of Online Transparency, Robert Sprague
Hofstra Labor & Employment Law Journal
No abstract provided.
The Emergence Of State Data Privacy And Security Laws Affects Employers, Joseph J. Lazzarotti
The Emergence Of State Data Privacy And Security Laws Affects Employers, Joseph J. Lazzarotti
Hofstra Labor & Employment Law Journal
No abstract provided.
Undignified In Defeat: An Analysis Of The Stagnation And Demise Of Proposed Legislation Limiting Video Surveillance In The Workplace And Suggestions For Change, Alexandra Fiore, Matthew Weinick
Undignified In Defeat: An Analysis Of The Stagnation And Demise Of Proposed Legislation Limiting Video Surveillance In The Workplace And Suggestions For Change, Alexandra Fiore, Matthew Weinick
Hofstra Labor & Employment Law Journal
No abstract provided.
Invasion Of Privacy Liability In The Electronic Workplace: A Laywer's Perspective, Christine E. Howard
Invasion Of Privacy Liability In The Electronic Workplace: A Laywer's Perspective, Christine E. Howard
Hofstra Labor & Employment Law Journal
No abstract provided.
Balancing The Red Cross: An Examination Of Hospital Malpractice And The Nursing Shortage, Lauren Kugielska, Melissa Linker
Balancing The Red Cross: An Examination Of Hospital Malpractice And The Nursing Shortage, Lauren Kugielska, Melissa Linker
Hofstra Labor & Employment Law Journal
No abstract provided.
From The Rat To The Mouse: How Secondary Picketing Laws May Apply In The Computer Age, Thomas Moyher, Robert T. Szyba
From The Rat To The Mouse: How Secondary Picketing Laws May Apply In The Computer Age, Thomas Moyher, Robert T. Szyba
Hofstra Labor & Employment Law Journal
No abstract provided.
Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg
Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg
Hofstra Labor & Employment Law Journal
No abstract provided.
A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen
A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen
Hofstra Labor & Employment Law Journal
Although employment law in America generally operates under the presumption that employment for an unspecified term is at-will, recently courts have been creating exceptions to this rule in order to afford employees more legal protections. This paper will focus on the judicially created handbook exception under which courts find that an employee handbook can be contractually binding on an employee and, therefore, may transform an employment relationship from one that is at-will to one that is for-cause. Specifically, the paper will examine cases where courts have analyzed employee handbooks which include a disclaimer enunciating that the handbook is, indeed, not …
Knowing When To Keep Quiet: Weingarten And The Limitations On Representative Participation, Jodie Meade Michalski
Knowing When To Keep Quiet: Weingarten And The Limitations On Representative Participation, Jodie Meade Michalski
Hofstra Labor & Employment Law Journal
No abstract provided.
Evolving Standards Of Decency: Advancing The Nature And Logic Of Capital Mitigation, Craig Haney
Evolving Standards Of Decency: Advancing The Nature And Logic Of Capital Mitigation, Craig Haney
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
The article builds on converging lines of research in the social sciences that have constructed a framework which conceptualizes the roots of violent behavior as extending beyond the personality or character structure of those people who perform it, connecting it historically to the brutalizing experiences they have commonly shared as well as the immediately precipitating situations in which their violence transpires.
The piece explains how to translate these insights into the collection and presentation of …
Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler
Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
As the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) detail, success in capital post-conviction proceedings will depend not just on the quality of the legal arguments counsel advance but, probably more critically, on counsel's skill at changing the picture that has previously been presented. The old facts and legal arguments - those which resulted in a conviction and imposition of …
A Clash Of Cultures: Immigration And Housing Code Enforcement On Long Island, Stefan H. Krieger
A Clash Of Cultures: Immigration And Housing Code Enforcement On Long Island, Stefan H. Krieger
Hofstra Law Review
In this Article, I will first review some of the literature on anti-immigrant biases in housing code enforcement in the United States. Then, I will describe issues of selective enforcement of housing codes in present-day Long Island using cases from the Hofstra Housing Rights Clinic as concrete illustrations. Finally, I will discuss ways that local governments both on Long Island and elsewhere can reconsider priorities in enforcing their housing codes to address the problems of cultural biases.
Understanding Defense-Initiated Victim Outreach And Why It Is Essential In Defending A Capital Client, Mickell Branham, Richard Burr
Understanding Defense-Initiated Victim Outreach And Why It Is Essential In Defending A Capital Client, Mickell Branham, Richard Burr
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
Effective capital defense lawyers must embrace, not suppress, human empathy. A defense team that demonstrates genuine compassion for the survivors - reaching out to get to know them, to listen to their stories, and to discern the interests the survivors hope to have met in the judicial proceedings - increases the possibility that the proceedings will end with compassion for their client. As a practical matter, this may well occur through some sort of agreed-upon …
Parents By The Numbers, Susan Frelich Appleton
Parents By The Numbers, Susan Frelich Appleton
Hofstra Law Review
This essay, an expanded version of the 2008 Siben Distinguished Professorship Lecture at Hofstra, explores the recent discourse - from case law, legal scholarship, and commentary - about whether children may have more than two legal parents. This discourse provides a lens for examining not only family law's current practices and trajectory but also family law's unfinished business, unspoken assumptions, and problematic inconsistencies.
Based on this examination, I largely ally myself with those who take a supportive approach to expanding parental numbers, but I include some significant points and elaborations missing from others' treatment of the topic. Specifically, I show …
United States Regulation Of Stem Cell Research: Recasting Government's Role And Questions To Be Resolved, Owen C.B. Hughes, Alan L. Jakimo, Michael J. Malinowski
United States Regulation Of Stem Cell Research: Recasting Government's Role And Questions To Be Resolved, Owen C.B. Hughes, Alan L. Jakimo, Michael J. Malinowski
Hofstra Law Review
No abstract provided.
Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases
Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases
Hofstra Law Review
No abstract provided.
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
Capital defense counsel have a duty at every stage of the case to take advantage of all appropriate opportunities to argue why death is not a suitable punishment for their particular client. But that duty can hardly be discharged effectively if the arguments are made in ignorance of available information concerning how persuasive they are likely to be to their audience.
Heeding that simple proposition we present lessons from the work of the Capital Jury …
Are You In Or Are You Out? The Effect Of A Prior Criminal Conviction On Bar Admission & A Proposed National Uniform Standard, Anthony J. Graniere, Hilary Mchugh
Are You In Or Are You Out? The Effect Of A Prior Criminal Conviction On Bar Admission & A Proposed National Uniform Standard, Anthony J. Graniere, Hilary Mchugh
Hofstra Labor & Employment Law Journal
No abstract provided.
The Internet- Disability Or Distraction? An Analysis Of Whether "Internet Addiction" Can Qualify As A Disability Under The Americans With Disabilities Act, Blake R. Bertagna
The Internet- Disability Or Distraction? An Analysis Of Whether "Internet Addiction" Can Qualify As A Disability Under The Americans With Disabilities Act, Blake R. Bertagna
Hofstra Labor & Employment Law Journal
No abstract provided.
The Sentencing Commission And Prosecutorial Discretion: The Role Of The Courts In Policing Sentence Bargains, John Gleeson
The Sentencing Commission And Prosecutorial Discretion: The Role Of The Courts In Policing Sentence Bargains, John Gleeson
Hofstra Law Review
No abstract provided.
Foreword: Biomedical Research And The Law-Embryonic Stem Cells, Clones, And Genes: Science, Law, Politics And Values, Janet L. Dolgin, Joel Weintraub
Foreword: Biomedical Research And The Law-Embryonic Stem Cells, Clones, And Genes: Science, Law, Politics And Values, Janet L. Dolgin, Joel Weintraub
Hofstra Law Review
The articles presented in this symposium issue developed from papers delivered at the second in a series of conferences at Hofstra University devoted to the study of "Biomedical Research and the Law." The first conference, held in October 2006, focused on conflicts occasioned by industry funding of biomedical research. The second conference, the subject of this issue, occurred in March 2008 and was dedicated to the study of "Embryonic Stem Cells, Clones, and Genes: Science, Law, Politics and Values." This conference provided a productive context for debate among lawyers, physicians, scientists, theologians, philosophers, journalists, and others about a set of …
Administrative Law: Immigration, Amnesty, And The Rule Of Law, 2007 National Lawyers Convention Of The Federalist Society, Kris W. Kobach
Administrative Law: Immigration, Amnesty, And The Rule Of Law, 2007 National Lawyers Convention Of The Federalist Society, Kris W. Kobach
Hofstra Law Review
No abstract provided.
The Boyle Test Is An Insufficient Standard For Determining Whether To Allow Private Military Contractors To Assert The Government Contractor Defense, Justin A. Jacobs
The Boyle Test Is An Insufficient Standard For Determining Whether To Allow Private Military Contractors To Assert The Government Contractor Defense, Justin A. Jacobs
Hofstra Law Review
No abstract provided.
Heightened Notice Means Heightened Problems: Due Process Notice Concerns When Discharging Student Loan Debts Under Chapter 13, Nickolas Karavolas
Heightened Notice Means Heightened Problems: Due Process Notice Concerns When Discharging Student Loan Debts Under Chapter 13, Nickolas Karavolas
Hofstra Law Review
No abstract provided.
Embryonic Stem Cells, Intellectual Property, And Patents: Ethical Concerns, Samuel Packer
Embryonic Stem Cells, Intellectual Property, And Patents: Ethical Concerns, Samuel Packer
Hofstra Law Review
No abstract provided.
Capital Guidelines And Ethical Duties: Mutually Reinforcing Responsibilities, Lawrence J. Fox
Capital Guidelines And Ethical Duties: Mutually Reinforcing Responsibilities, Lawrence J. Fox
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
It is counsel, and not any non-lawyer member of the multidisciplinary defense team which needs to be assembled to provide competent representation in a capital case, who bears ultimate responsibility for the team's performance and for decisions affecting the client and the case. This article describes the many respects in which counsel's specific obligations under both the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra …
Cultural Competency In Capital Mitigation, Scharlette Holdman, Christopher Seeds
Cultural Competency In Capital Mitigation, Scharlette Holdman, Christopher Seeds
Hofstra Law Review
Cultural factors so pervasively influence the interactions of the client with other people - including all of those with whom he comes into contact at significant times in his life (e.g. in educational, medical, and correctional institutions), those surrounding him in the community in which he develops, and, critically, the members of the defense team - that it is imperative for the defense team to have the talents necessary to conduct a mitigation investigation that is culturally competent. The investigation must recognize and surmount an array of barriers, overt and subtle, to obtaining information from people of variegated backgrounds. As …
The Importance Of Recognizing Trauma Throughout Capital Mitigation Investigations And Presentations, Kathleen Wayland
The Importance Of Recognizing Trauma Throughout Capital Mitigation Investigations And Presentations, Kathleen Wayland
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
A PhD. in psychology, the author formerly served on the faculty of Duke University Medical Center, where her primary emphasis was on traumatic stress syndromes and the psychological consequences of chronic exposure to interpersonal violence. For the last fifteen years she has been assisting capital defender organizations in integrating mental health themes into mitigation narratives. This article presents the current state of scientific knowledge about trauma, treating the subject from these dual perspectives.
The inevitable …