Law Commons^™

Collateral Order - Knee-Deep In Confusion: Its Continuing Saga - Sell V. United States, 123 S. Ct. 2174 (2003), Joon H. Chung

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Beyond Market Share Liability: Theory Of Proportional Share Liability For Nonfungible Products, Allen K. Rostron

Faculty Works

Twenty-five years have passed since courts first adopted market share liability, a theory under which a plaintiff unable to identify the manufacturer of the product that caused his injury can recover on a proportional basis from each manufacturer that might have made the product. Courts have severely restricted the reach of this potentially powerful theory by insisting that it can apply only to products that are perfectly fungible. Most products vary from manufacturer to manufacturer, posing different levels of risk, and therefore do not satisfy the fungibility requirement. As a result, courts have applied market share liability to a very …

Mississippi College Law Review, Mc Law

MC Law Review

Note

Multidisciplinary Business Planning Firms: Expanding The Regulatory Tent Without Creating A Circus, Anthony J. Luppino

Faculty Works

Students studying business planning in an American law school should be told up front that a twenty-first century transactional lawyer rarely encounters a truly simple business transaction. Legal educators acknowledge the need to emphasize the complex, multidisciplinary nature of advising modern business clients. Law students must be introduced to the reality that transactional attorneys routinely collaborate with accountants, engineers, and other types of specialists and consultants to properly identify issues and address their clients' needs. Businesses - particularly firms comprised of entrepreneurs on tight budgets in terms of both time and money - benefit greatly when relevant information is accurately …

Use Of Secret Evidence By Government Lawyers: Balancing Defendants' Rights With National Security Concerns, Tracy L. Conn

Cleveland State Law Review

The ability to use secret evidence in trials involving national security matters is an extremely controversial power of the government lawyer. Although the use of secret evidence was a divisive issue before September 11, 2001, the terrorist attacks that day sparked the passage of new legislation that increased the power of the government lawyer to use classified evidence. By examining the cases involving secret evidence both before and after September 11, in particular the case of Zacarias Moussaoui, it becomes apparent that what is at stake is the appropriate balance between national security concerns and the constitutional rights of defendants. …

Sex And (Sexed By) The State, Taylor Flynn

Media Presence

This Article discusses how the law not only tries to discipline the body into traditional sex roles, but it also has the power to declare you to be a particular legal sex, even over your objection. The majority of jurisdictions follow the orthodoxy of sex as "genitalia-at-birth." Under this view, a male to female transgender woman (who, for example, has undergone surgery and is anatomically indistinguishable from someone born with female genitalia) is deemed in the majority of states to be legally male. In a handful of more progressive states, the law looks predominantly--although unfortunately, not exclusively--at an individual's gender …

"Don't Ask, Don't Tell": A Qualified Defense, Eugene R. Milhizer

Hofstra Labor & Employment Law Journal

Upon the 10th Anniversary of the so-called “Don’t Ask, Don’t Tell” policy, I was asked to reflect upon the policy by Hofstra University. This article presents my remarks at a symposium dedicagted to this topic. The article first reviews in detail the origins of the policy. It then explores the moral debate implicated by the policy, including the traditional arguments against homosexuality with special attention to the natural law, and latitudinarian arguments in favor of homosexuality or opposed to discrimination based on the basis of homosexuality. The article next surveys contemporary attitudes about homosexuality, focusing on military service by homosexuals. …

The Education Of A Sailor, Keith Taylor

Hofstra Labor & Employment Law Journal

No abstract provided.

Honing Our Kraft?: Reconciling Variations In The Remedial Treatment Of Weingarten Violations, Michael D. Moberly, Andrea G. Lisenbee

Hofstra Labor & Employment Law Journal

No abstract provided.

Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley

Hofstra Labor & Employment Law Journal

No abstract provided.

Something Every Lawyer Needs To Know: The Employer-Employee Distinction In The Modern Law Firm, Catherine Lovly, Matthew J. Mehnert

Hofstra Labor & Employment Law Journal

No abstract provided.

Liberty, Diversity, Academic Freedom, And Survival: Preferential Hiring Among Religiously-Affliated Institutions Of Higher Education, Jamie Darin Prenkert

Hofstra Labor & Employment Law Journal

This article discusses the exemptions given to religious educational institutions from the usual Title VII protections afforded employees. The author supports the use of such exemptions when they promote diversity and protecting the fundamental foundation of the institution itself, but warns that there is a point where the exemptions must not be used even when they are within the power of the institution to invoke. Such inappropriate instances include promoting faculty or granting tenure to faculty members who are not of the religious persuasion of the institution, or hiring the best and brightest faculty over the professor who simply agrees …

Same-Sex Marriage: The Evolving Landscape For Employee Benefits, Neal S. Schelberg, Carri L. Mitnick

Hofstra Labor & Employment Law Journal

This article deals with the aftermath of the Goodridge decision in terms of employment benefits for partners in a same-sex marriage, particularly in the interstate context. Because marriages in one state are generally recognized in all other states, the article focuses on how employers must treat a Massachusetts same-sex marriage in light of the Defense of Marriage Act and its prohibition of same-sex marriage for the purpose of federal employment benefits.

The Continuing Relevance Of Race-Concious Remedies And Prgrams In Integrating The Nation's Workforce, Michael L. Foreman, Kristin M. Dadey, Audrey J. Wiggins

Hofstra Labor & Employment Law Journal

The authors argue that achieving diversity should be one of the main legitimate justifications for affirmative action programs, in addition to the traditionally cited "remedy for past discrimination" justification. The authors describe the legal framework for affirmative action beginning with the Civil Rights Act of 1964. They discuss the various types of affirmative action plans - public and private, court ordered and voluntary. The article concludes with a discussion of Department of Justice and EEOC policies towards affirmative action, arguing that the federal government should be the biggest proponent of such programs.

Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien

Hofstra Labor & Employment Law Journal

This article deals with the issue of whether alcoholism should qualify as a disability under the Americans with Disabilities Act. Under this theoretical category, an employee or potential employee would have a cause of action once he shows his disability no longer interferes with his ability to perform his job. One example of a prospective plaintiff is a recovering alcoholic. The author addresses the difference between a disparate impact claim and a disparate treatment claim and asserts what employers should do to ensure they do not run afoul of the ADA.

Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa

Hofstra Labor & Employment Law Journal

No abstract provided.

Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal

Hofstra Labor & Employment Law Journal

No abstract provided.

Dirty Dancing: Attributing The Moral Right Of Attribution To American Copyright Law: The Work For Hire Doctrine And The Usurping Of The Ultimate Grand Dame And Founder Of Modern Dance, Martha Graham, Sarah Kutner, Holly Rich

Hofstra Labor & Employment Law Journal

No abstract provided.

The Non-Merger Virtual Merger: Is Corporate Law Ready For Virtual Reality?, Stuart R. Cohn

UF Law Faculty Publications

The term virtual mergers describes the relatively recent phenomenon of companies entering into contractual arrangements that are functionally, but not legally, equivalent to mergers prescribed by corporate statutes. Virtual mergers usually involve the shared use of assets contributed by each of the companies. A central element of the transaction is that the two companies remain legally independent, each with its own directors, officers, and shareholders. The arrangements can usually be terminated by either party, allowing each company to return to the status quo ante or exercise buyout rights if contractually provided.

Although virtual mergers have occurred among public companies in …

The Folly Of Uniformity? Lessons From The Restatement Movement, Kristen David Adams

Hofstra Law Review

This article examines the unique application of the Restatements as de facto common law in the Virgin Islands. Applying an evolutionary biology metaphor, the article examines the way in which this decision by the Virgin Islands Senate may have made a substantive difference in the common law as it developed in the Virgin Islands. Part of the point of this article is that the Senate's decision may have implications that reach beyond the Virgin Islands. The purpose of this article is to provide some guidance to judges so that they may act more purposefully in choosing to follow the Restatements, …

Preface, Tanina Rostain, Donald H. Zeigler

NYLS Law Review

No abstract provided.

Unpatriotic Acts: An Introduction, Sadiq Reza

NYLS Law Review

No abstract provided.

The Material Witness Statute Post September 11: Why It Should Not Include Grand Jury Witnesses, Robert Boyle

NYLS Law Review

No abstract provided.

The Jose Padilla Story, Donna R. Newman

NYLS Law Review

No abstract provided.

Turning The Tables: Using The Government’S Secrecy And Security Arsenal For The Benefit Of The Client In Terrorism Prosecutions, Sam A. Schmidt, Joshua L. Dratel

NYLS Law Review

No abstract provided.

Creating A Public Defender System In The Shadow Of The Israeli – Palestinian Conflict, Kenneth Mann, David Weiner

NYLS Law Review

No abstract provided.

Eyes Tied Shut: Litigating For Access Under Cipa In The Government’S “War On Terror”, Cameron Stracher

NYLS Law Review

No abstract provided.

The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz

NYLS Law Review

No abstract provided.

Are Your Eyes Deceiving You?: The Evidentiary Crisis Regarding The Admissibility Of Computer Generated Evidence, Betsy S. Fiedler

NYLS Law Review

No abstract provided.

Rethinking The Role Of Expert Testimony Regarding The Reliability Of Eyewitness Identifications In New York, Scott Woller

NYLS Law Review

No abstract provided.