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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 Dec 2021

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 …


Front Matter Dec 2021

Front Matter

Hofstra Law Review

No abstract provided.


End Matter Dec 2021

End Matter

Hofstra Law Review

No abstract provided.


The Final Act: Deportation By Ice Air, Deborah M. Weissman, Angelina Godoy, Havan M. Clark Dec 2021

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 Dec 2021

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 Dec 2021

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 Dec 2021

Turning Orphans For A Profit: The Orphan Drug Act Is Due For An Overhaul, Kelly L. Mckinney

Hofstra Law Review

No abstract provided.


Front Matter Dec 2021

Front Matter

Journal of International Business and Law

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 Dec 2021

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 Dec 2021

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 Dec 2021

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 Dec 2021

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 Dec 2021

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.


End Matter Dec 2021

End Matter

Journal of International Business and Law

No abstract provided.


In Vitro Fertilization, Fertility Frustrations, And The Lack Of Regulation, Delores V. Chichi Dec 2021

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 Sep 2021

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 Sep 2021

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 Sep 2021

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.


Front Matter Sep 2021

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.


Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman Sep 2021

Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman

Hofstra Labor & Employment Law Journal

No abstract provided.


Front Matter Sep 2021

Front Matter

Hofstra Law Review

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 Sep 2021

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. Sep 2021

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 Sep 2021

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 Sep 2021

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 Sep 2021

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 Sep 2021

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 Sep 2021

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 …


End Matter Sep 2021

End Matter

Hofstra Law Review

No abstract provided.


The Identity Criterion: Resuscitating A Cardozian, Relational Approach To Duty Of Care In Negligence, Tim Kaye Jun 2021

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 …