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Articles 1 - 30 of 82
Full-Text Articles in Law
We're All Originalists Now… Or Are We?: Bostock's Misperceived Quest To Distinguish Title Vii's Meaning From The Public's Expectations, Steven Semeraro
We're All Originalists Now… Or Are We?: Bostock's Misperceived Quest To Distinguish Title Vii's Meaning From The Public's Expectations, Steven Semeraro
Hofstra Law Review
Two principal tenets underlie originalism-textualism: First, judicial interpreters of a statute should not use modern values to supplant original meaning because the law should change only through democratic processes. Second, original meaning is limited to the intersubjective original understanding that a reasonable reader would draw from a statute’s text. Meaning does not include anyone’s extratextual subjective expectations about how a statute should apply.
The divided Bostock Court’s decision that Title VII prohibits sexual orientation and gender identity discrimination reveals a contradiction between originalism-textualisms dual tenets. The mid-1960s public’s expectations about how Title VII would apply to sexual orientation and gender …
The Final Act: Deportation By Ice Air, Deborah M. Weissman, Angelina Godoy, Havan M. Clark
The Final Act: Deportation By Ice Air, Deborah M. Weissman, Angelina Godoy, Havan M. Clark
Hofstra Law Review
No abstract provided.
The Case For Abolishing Absolute Prosecutorial Immunity On Equal Protection Grounds, Samantha M. Caspar, Artem M. Joukov
The Case For Abolishing Absolute Prosecutorial Immunity On Equal Protection Grounds, Samantha M. Caspar, Artem M. Joukov
Hofstra Law Review
No abstract provided.
Baseball's Minor Leaguers Call Foul: How The Save America's Pastime Act Strikes Out Within State Lines, Daniel Ryan Axelrod
Baseball's Minor Leaguers Call Foul: How The Save America's Pastime Act Strikes Out Within State Lines, Daniel Ryan Axelrod
Hofstra Law Review
No abstract provided.
Turning Orphans For A Profit: The Orphan Drug Act Is Due For An Overhaul, Kelly L. Mckinney
Turning Orphans For A Profit: The Orphan Drug Act Is Due For An Overhaul, Kelly L. Mckinney
Hofstra Law Review
No abstract provided.
Express Dispute Assessment: A Much-Welcomed Form Of Expert Neutral Evaluation (Ene) At The Stockholm Chamber Of Commerce, Ylli Dautaj, William F. Fox
Express Dispute Assessment: A Much-Welcomed Form Of Expert Neutral Evaluation (Ene) At The Stockholm Chamber Of Commerce, Ylli Dautaj, William F. Fox
Journal of International Business and Law
No abstract provided.
The Global Relevance Of The Eu Single Market On Insurance After The Insurance Distribution Directive (Idd), Pierpaolo Marano
The Global Relevance Of The Eu Single Market On Insurance After The Insurance Distribution Directive (Idd), Pierpaolo Marano
Journal of International Business and Law
The amount of insurance premiums collected within the European Union places this market among the world leaders. Although insurance regulation is still partly national, the European Union's effort to introduce harmonized rules between the Member States has intensified since the financial crisis. This essay intends to highlight the global relevance assumed by the regulatory framework of the European Union. The introduced set of rules arises from the principles established internationally and, in turn, influences these principles. Thus, the EU regulatory framework on insurance is relevant to understand the potential evolution of the international standards on insurance. The analysis focuses on …
The Mar-Portugal Plan: How Portugal's Action Plan To Transition Into A Maritime Economy May Prove Challenging Witihn The Current International Regulatory Framework For Deep Sea Mining, Sebastian Blanco
Journal of International Business and Law
No abstract provided.
Holding Everyone Accountable: The Need For The Creation Of An International Securities Class Action Venue In The Age Of Globalized Economies, Emily Fallon
Journal of International Business and Law
No abstract provided.
Walking The Tightrope Between National Security Threats And Foreign Policy: How The United States Can Protect Its Citizens From Foreign Threats On The Internet And Social Media Without Hurting The Economy, Sean Zvi
Journal of International Business and Law
No abstract provided.
In Vitro Fertilization, Fertility Frustrations, And The Lack Of Regulation, Delores V. Chichi
In Vitro Fertilization, Fertility Frustrations, And The Lack Of Regulation, Delores V. Chichi
Hofstra Law Review
No abstract provided.
Points About Cedar Point: What Labor Access Survives, And What Should Survive (Or Be Restored), Michael J. Hayes
Points About Cedar Point: What Labor Access Survives, And What Should Survive (Or Be Restored), Michael J. Hayes
Hofstra Labor & Employment Law Journal
No abstract provided.
Nlrb Jurisdiction Over Charter Schools, David B. Schwartz
Nlrb Jurisdiction Over Charter Schools, David B. Schwartz
Hofstra Labor & Employment Law Journal
No abstract provided.
Utilizing Telehealth To Practice Medicine Across State Lines: The Enforceability Of Physician Non-Compete Agreements And Non-Solicitation Clauses, Alexia Willis
Hofstra Labor & Employment Law Journal
No abstract provided.
Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman
Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman
Hofstra Labor & Employment Law Journal
No abstract provided.
Severe Or Pervasive Should Not Mean Impossible And Unattainable: Why The "Severe Or Pervasive" Standard For A Claim Of Sexual Harassment And Discrimination Should Be Replaced With A Less Stringent And More Current Standard, Kristy D'Angelo-Corker
Hofstra Law Review
No abstract provided.
Don't Always Believe What You See: Shallowfake And Deepfake Media Has Altered The Perception Of Reality, Samuel D. Hodge Jr.
Don't Always Believe What You See: Shallowfake And Deepfake Media Has Altered The Perception Of Reality, Samuel D. Hodge Jr.
Hofstra Law Review
No abstract provided.
The Politics Of Bar Admission: Lessons From The Pandemic, Leslie C. Levin
The Politics Of Bar Admission: Lessons From The Pandemic, Leslie C. Levin
Hofstra Law Review
The controversy over how and whether to administer the July 2020 bar examination during the COVID-19 pandemic upended the usual process of lawyer regulation. New actors—including bar applicants—very publicly challenged regulators’ decisions and questioned the safety and fairness of plans for the bar exam. Some advocated for emergency admission without the need to satisfy the bar examination requirement. Joined by law school deans and faculty, the advocacy occurred against the backdrop of the politicization of COVID-19, street protests over police misconduct and racial inequality, and long-standing skepticism about the value and fairness of the bar exam. Regulators throughout the United …
The Big Short: How The Big Step Of The Small Business Reorganization Act Fell Short, Nicole C. Cipriano
The Big Short: How The Big Step Of The Small Business Reorganization Act Fell Short, Nicole C. Cipriano
Hofstra Law Review
No abstract provided.
Don't Hate The Player, Hate The Game: Video Game Loot Boxes, Gambling, And A Call For Administrative Regulation, Jason Egielski
Don't Hate The Player, Hate The Game: Video Game Loot Boxes, Gambling, And A Call For Administrative Regulation, Jason Egielski
Hofstra Law Review
No abstract provided.
Food For Thought: Increasing Access To And Coverage Of Eating Disorder Treatment In New York State By Amending The Definition Of "Substance Use Disorder", Meagan R. Nolan
Food For Thought: Increasing Access To And Coverage Of Eating Disorder Treatment In New York State By Amending The Definition Of "Substance Use Disorder", Meagan R. Nolan
Hofstra Law Review
No abstract provided.
Denial Of Jury Trials For Employees With Disabilities: The High Bar Of Proving Discrimination Intent, Stacy Hickox, Maya Stevelinck
Denial Of Jury Trials For Employees With Disabilities: The High Bar Of Proving Discrimination Intent, Stacy Hickox, Maya Stevelinck
Hofstra Labor & Employment Law Journal
Employees with disabilities face stigma and stereotypes associated with their impairment. Revelation of a disability to obtain an accommodation can lead to negative consequences including harassment, retaliation, or even discharge, as documented by a survey of employees who requested accommodations at a university. This paper explores how difficult it is for employees facing such negative consequences to prove discriminatory intent under the Americans with Disabilities Act (hereinafter "ADA"). An extensive review of court decisions reveals that the ADA's protection against discrimination rarely provides relief to employees who suffer those negative consequences because the courts defer to employers' reasons for adverse …
The Identity Criterion: Resuscitating A Cardozian, Relational Approach To Duty Of Care In Negligence, Tim Kaye
The Identity Criterion: Resuscitating A Cardozian, Relational Approach To Duty Of Care In Negligence, Tim Kaye
Hofstra Law Review
Everyone agrees that the canonical case in American negligence law is Palsgraf v. Long Island Railroad Co. In his famous majority opinion in the New York Court of Appeals, Chief Judge Benjamin Cardozo held that the outcome of the case turned on whether the plaintiff, Mrs. Palsgraf, had been owed a duty of care by the Long Island Railroad. He declared that the answer to this question depended on whether the parties had a relevant relationship at the time of the conduct under consideration. “Negligence, like risk,” he said, is “a term of relation. Negligence in the abstract, apart from …