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Full-Text Articles in Law

Arbitral Views Of Sexual Harassment: An Analysis Of Arbitration Cases, 1990-2000, Carrie G. Donald, John D. Ralston Jan 2003

Arbitral Views Of Sexual Harassment: An Analysis Of Arbitration Cases, 1990-2000, Carrie G. Donald, John D. Ralston

Hofstra Labor & Employment Law Journal

No abstract provided.


Choosing Competition: A Proposal To Modify Article Xx Of The Afl-Cio Constitution, Brian Petruska Jan 2003

Choosing Competition: A Proposal To Modify Article Xx Of The Afl-Cio Constitution, Brian Petruska

Hofstra Labor & Employment Law Journal

No abstract provided.


Many Paths To Justice: The Glass Ceiling, The Looking Glass, And Strategies For Getting To The Other Side, M. Neil Browne, Andrea Giampetro-Meyer Jan 2003

Many Paths To Justice: The Glass Ceiling, The Looking Glass, And Strategies For Getting To The Other Side, M. Neil Browne, Andrea Giampetro-Meyer

Hofstra Labor & Employment Law Journal

No abstract provided.


The Tort Of Intentional Infliction Of Emotional Distress In The Private Employment Sector, Frank J. Cavico Jan 2003

The Tort Of Intentional Infliction Of Emotional Distress In The Private Employment Sector, Frank J. Cavico

Hofstra Labor & Employment Law Journal

No abstract provided.


Recent Supreme Court Decisions Affecting The Employer-Employee Relationship: Arbitration Of Employment Disputes, The Scope And Remedies Of The Americans With Disabilities Act, And Affirmative Action, Paula Alexander Becker, Susan A. O'Sullivan, Karen A. Prelich Passaro Jan 2003

Recent Supreme Court Decisions Affecting The Employer-Employee Relationship: Arbitration Of Employment Disputes, The Scope And Remedies Of The Americans With Disabilities Act, And Affirmative Action, Paula Alexander Becker, Susan A. O'Sullivan, Karen A. Prelich Passaro

Hofstra Labor & Employment Law Journal

No abstract provided.


Cross-Employee Redistribution Effects Of Mandated Employee Benefits, Sharon Rabin-Margalioth Jan 2003

Cross-Employee Redistribution Effects Of Mandated Employee Benefits, Sharon Rabin-Margalioth

Hofstra Labor & Employment Law Journal

Whether mandated employee benefit policies are efficient, depends on the ratio of aggregate value attached by employees to the benefit, compared to the aggregate employer cost of providing the benefit. The higher the aggregate value/cost ratio is, the stronger is the justification for implementing the policy. High value/cost ratios are indicative of the existence of market failures in the voluntary provision of the benefit. Mandated benefits, efficient or not, do not entail employer-employee redistributive outcomes. The fact that no employment rate changes can be traced following the enforcement of a mandate program is usually indicative of full employer cost shifting. …


Living In Harmony? Reasonable Accommodations, Employee Expectations And Us Airways, Inc. V. Barnett, Sandy Andrikopoulos, Theo E. M. Gould Jan 2003

Living In Harmony? Reasonable Accommodations, Employee Expectations And Us Airways, Inc. V. Barnett, Sandy Andrikopoulos, Theo E. M. Gould

Hofstra Labor & Employment Law Journal

No abstract provided.


The Potential For State Labor Law: The New York Greengrocer Code Of Conduct, Matthew T. Bodie Jan 2003

The Potential For State Labor Law: The New York Greengrocer Code Of Conduct, Matthew T. Bodie

Hofstra Labor & Employment Law Journal

While labor law academics bemoan the ossification of federal labor law, the potential for state labor law has just begun to be explored. This Article takes a closer look at the New York Greengrocer Code of Conduct, a unique approach to the problem of industry-wide employment law violations. The Code, negotiated by the New York Attorney General's Office in conjunction with groups representing workers and greengrocers, provides a set of minimum terms and conditions for grocers which to some extent go beyond statutory requirements. In return for agreeing to the Code, grocers can avoid liability for past state employment law …


International Law Issues In Death Penalty Defense, Richard J. Wilson Jan 2003

International Law Issues In Death Penalty Defense, Richard J. Wilson

Hofstra Law Review

No abstract provided.


State Interest And Marriage - The Theoretical Perspective, Brian H. Bix Jan 2003

State Interest And Marriage - The Theoretical Perspective, Brian H. Bix

Hofstra Law Review

No abstract provided.


Defamed But Retained Public Employees: Addressing A Gap In Due Process Jurisprudence, Nat Stern Jan 2003

Defamed But Retained Public Employees: Addressing A Gap In Due Process Jurisprudence, Nat Stern

Hofstra Law Review

No abstract provided.


Making Sense Of Successor Liability, Marie T. Reilly Jan 2003

Making Sense Of Successor Liability, Marie T. Reilly

Hofstra Law Review

No abstract provided.


Congressional Oversight: Interpreting The Phrase "Financial Statements" Within Section 10a Of The Securities Exchange Act Of 1934, Jamie A. Barber Jan 2003

Congressional Oversight: Interpreting The Phrase "Financial Statements" Within Section 10a Of The Securities Exchange Act Of 1934, Jamie A. Barber

Hofstra Law Review

No abstract provided.


Establishing Information Privacy Violations: The New York Experience, Lawrence Friedman Jan 2003

Establishing Information Privacy Violations: The New York Experience, Lawrence Friedman

Hofstra Law Review

No abstract provided.


The Defense Team In Capital Cases, Jill Miller Jan 2003

The Defense Team In Capital Cases, Jill Miller

Hofstra Law Review

No abstract provided.


"Making Marriage And Divorce Safe For Women" Revisited, Herman Hill Kay Jan 2003

"Making Marriage And Divorce Safe For Women" Revisited, Herman Hill Kay

Hofstra Law Review

No abstract provided.


Ending Marriage As We Know It, Nancy D. Polikoff Jan 2003

Ending Marriage As We Know It, Nancy D. Polikoff

Hofstra Law Review

No abstract provided.


The Importance Of Private International Law For Family Issues In An Era Of Globalization: Two Case Studies-International Child Abduction And Same-Sex Unions, Linda Silberman, Karin Wolfe Jan 2003

The Importance Of Private International Law For Family Issues In An Era Of Globalization: Two Case Studies-International Child Abduction And Same-Sex Unions, Linda Silberman, Karin Wolfe

Hofstra Law Review

No abstract provided.


Why Progressives Lost The War When They Lost The Draft, Diane H. Mazur Jan 2003

Why Progressives Lost The War When They Lost The Draft, Diane H. Mazur

Hofstra Law Review

No abstract provided.


Quo Vadis Latin America? (Part Dois), Jose M. Barrionuevo Jan 2003

Quo Vadis Latin America? (Part Dois), Jose M. Barrionuevo

Journal of International Business and Law

No abstract provided.


Think Before You Click: Online Anonymity Does Not Make Defamation Legal, Orit Goldring, Antonia L. Hamblin Jan 2003

Think Before You Click: Online Anonymity Does Not Make Defamation Legal, Orit Goldring, Antonia L. Hamblin

Hofstra Labor & Employment Law Journal

No abstract provided.


The Disparate Impact Hostile Environment Claim: Sexual Harassment Scholarship At A Crossroads, Robert A. Kearney Jan 2003

The Disparate Impact Hostile Environment Claim: Sexual Harassment Scholarship At A Crossroads, Robert A. Kearney

Hofstra Labor & Employment Law Journal

No abstract provided.


Executive Power, National Security & Federal Employee Collective Bargaining Rights: The New Department Of Homeland Security, Taryn M. Byrne, Gary L. Tomasulo Jan 2003

Executive Power, National Security & Federal Employee Collective Bargaining Rights: The New Department Of Homeland Security, Taryn M. Byrne, Gary L. Tomasulo

Hofstra Labor & Employment Law Journal

No abstract provided.


Is Pepsico The Choice Of The Next Generation: The Inevitable Disclosure Doctrine And Its Place In New York Jurisprudence, James J. Mulcahy, Joy M. Tassin Jan 2003

Is Pepsico The Choice Of The Next Generation: The Inevitable Disclosure Doctrine And Its Place In New York Jurisprudence, James J. Mulcahy, Joy M. Tassin

Hofstra Labor & Employment Law Journal

No abstract provided.


Add Resources And Apply Them Systemically: Governments' Responsibilities Under The Revised Aba Capital Defense Representation Guidelines, Eric M. Freedman Jan 2003

Add Resources And Apply Them Systemically: Governments' Responsibilities Under The Revised Aba Capital Defense Representation Guidelines, Eric M. Freedman

Hofstra Law Review

The death penalty is expensive. For many reasons-including the reality that if the prosecution insists on the death penalty there is essentially no chance of a guilty plea, and the fact that the bifurcation between guilt and penalty that uniquely characterizes capital cases imposes double costs throughout the process of investigation, trial, and appeals -a state's decision to have a criminal justice system in which death is available as a sanction necessarily entails substantially higher costs than the contrary decision does.


The Professional Obligation To Raise Frivolous Issues In Death Penalty Cases, Monroe H. Freedman Jan 2003

The Professional Obligation To Raise Frivolous Issues In Death Penalty Cases, Monroe H. Freedman

Hofstra Law Review

Lawyers are generally familiar with the ethical rule forbidding frivolous arguments, principally because of sanctions imposed under rules of civil procedure for making such arguments. Not all lawyers are aware, however, of two ways in which the prohibitions of frivolous arguments are restricted in both the rules themselves and in their enforcement. First, the ethical rules have express limitations with respect to arguments made on behalf of criminal defendants, and courts are generally loath to sanction criminal defense lawyers. Second, the term "frivolous" is narrowed, even in civil cases, by the way it is defined and explained in the ethical …


A Toast To The Dignity Of States: What Eleventh Amendment Jurisprudence Portends For Direct Shipment Of Wine, Eric L. Martin Jan 2003

A Toast To The Dignity Of States: What Eleventh Amendment Jurisprudence Portends For Direct Shipment Of Wine, Eric L. Martin

Hofstra Law Review

No abstract provided.


Intimate Affiliation And Democracy: Beyond Marriage?, Linda C. Mcclain Jan 2003

Intimate Affiliation And Democracy: Beyond Marriage?, Linda C. Mcclain

Hofstra Law Review

This article takes up the question: Should family law and policy move beyond marriage? It assesses a spectrum of answers to that question. Rejecting proposals, on the one hand, to shore up traditional marriage, and, on the other, to abolish marriage, it argues that family law and policy should not move wholly beyond marriage, but should support marriage in a way that better fosters greater equality within and among families. The article is part of a symposium on "Marriage, Families, and Democracy," published in 32 Hofstra Law Review 23-421 (2003).


Malicki V. Doe: Defining A Split Of Authority Based On The State Tort Claims Of Negligent Hiring And Supervision Of Roman Catholic Clergy And The First Amendment Conflict, Christopher L. Barbaruolo Jan 2003

Malicki V. Doe: Defining A Split Of Authority Based On The State Tort Claims Of Negligent Hiring And Supervision Of Roman Catholic Clergy And The First Amendment Conflict, Christopher L. Barbaruolo

Hofstra Law Review

No abstract provided.


The Discrepancy In Bankruptcy Code Section 330: Can A Chapter 7 Debtor's Attorney Collect Fees From The Bankruptcy Estate?, Frank Misiti Jan 2003

The Discrepancy In Bankruptcy Code Section 330: Can A Chapter 7 Debtor's Attorney Collect Fees From The Bankruptcy Estate?, Frank Misiti

Hofstra Law Review

No abstract provided.