Law Commons^™

Finding Common Ground: How Inclusive Language Can Account For The Diversity Of Sexual Minority Populations In The Employment Non-Discrimination Act, Meredith R. Palmer

Hofstra Law Review

No abstract provided.

Responsible Environmental Behavior, Energy Conservation, And Compact Fluorescent Bulbs: You Can Lead A Horse To Water, But Can You Make It Drink?, Hope M. Babcock

Hofstra Law Review

No abstract provided.

Foreward

Hofstra Labor & Employment Law Journal

No abstract provided.

The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky

Hofstra Labor & Employment Law Journal

No abstract provided.

Erisa Remedies, Welfare Benefits, And Bad Faith: Losing Sight Of The Cathedral, Peter K. Stris

Hofstra Labor & Employment Law Journal

Because of an annual tax subsidy that well exceeds $100 billion, most private healthcare expenses in the United States today are covered by employer-sponsored insurance. Like other important employee-welfare benefits, employer-sponsored health insurance is regulated by the Employee Retirement Income Security Act of 1974 (ERISA) - a landmark federal statute whose primary objective was the protection of private-sector retirement savings. A rich scholarly literature has developed which addresses the effects of federal tax and regulatory policy on the structure and performance of our healthcare industry. Within legal academia, however, one issue in particular has engendered much debate: to what extent …

Where Are We Going, And Where Should We Be In Ten Years?, Jonathan Barry Forman

Hofstra Labor & Employment Law Journal

No abstract provided.

It's About Time: A Proposal To Establish A Specialized International Agency For Coal Miner Safety And Health, Sara Mischner, Paula Rothfeld

Hofstra Labor & Employment Law Journal

No abstract provided.

Employer Reputation At Work, Samuel Estreicher

Hofstra Labor & Employment Law Journal

Employer reputational costs - that is, the loss in value of the firm's reputational assets if the firm reneges on its promises to workers, both express and implied, - has played an important role in the economic literature of employment contracts, but this factor has itself generated little sustained analysis. Reputation is often offered as a late-appearing deus ex machina explaining why opportunistic behavior by employers even in internal labor markets is likely to be relatively unimportant. This standard explanation for the enforceability of implicit labor contracts in internal labor markets is problematic for at least three reasons. It assumes …

Falling Through The Cracks: The Plight Of Domestic Workers And Their Continued Search For Legislative Protection, Adam J. Hiller, Leah E. Saxtein

Hofstra Labor & Employment Law Journal

No abstract provided.

The Next Generation Of Preemption Cases: State Regulation Of 401(K) Plans, Debra A. Davis

Hofstra Labor & Employment Law Journal

It is not uncommon for state legislatures and the federal government to enact laws that involve similar issues. However, the Employee Retirement Income Security Act of 1974, as amended (ERISA) provides that state laws are preempted to the extent they relate to employee benefit plans. Since its enactment in 1974, most of the state laws that have been preempted focused on health matters. However, this is likely to change. With many of their constituents lacking adequate retirement benefits as well as the increased attention being placed on 401(k) plans, states are likely to start attempting to legislate in the area …

The Second Circuit Takes A Second Look At The Non-Statutory Labor Exemption In Professional Sports: A Review Of Wood V. National Basketball Association, Caldwell V. American Basketball Association, National Basketball Association V. William, And Clarett V. National Football League, Walter T. Champion Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

A Regulatory Vacuum Leaves Gaping Wounds-Can Common Sense Offer A Better Way To Address The Pain Of Erisa Remedial Law, Andrew L. Oringer

Hofstra Labor & Employment Law Journal

The article provides an extensive look at the subject of preemption across the benefits spectrum. It addresses the question of whether there are gaps in ERISA relating to causes of action and remedies available to participants and beneficiaries that should be filled by the courts. Alvin Lurie notes, The age-old debate of strict construction versus judicial activism that has raged in so many sectors of the law in this country is now being replayed in this arena. [Reading Oringer's] article . . . on the 'pain of ERISA preemption' is compulsory of anyone wanting to engage in that debate or …

Erisa Misrepresentation And Nondisclosure Claims: Securities Litigation Under The Guise Of Erisa?, Clovis Trevino Bravo

Hofstra Labor & Employment Law Journal

No abstract provided.

Safeguarding Employee Stock Ownership Plans: Insurance As Assurance, Lauren E. Berson, Nicholas L. Cushing

Hofstra Labor & Employment Law Journal

No abstract provided.

On The Authority Of The Two-Member Nlrb: Statutory Interpretation Approaches And Judicial Choices, Ronald Turner

Hofstra Labor & Employment Law Journal

Is the National Labor Relations Board statutorily empowered by and under Section 3(b) of the National Labor Relations Act to issue decisions and orders when the membership of this five-member agency falls to two active members? This important question, now before the United States Supreme Court, has been considered by several federal courts of appeals in recent rulings addressing challenges to the two-member Board’s adjudicatory power and decision making authority. This essay focuses on the interpretive theories adopted, methodologies employed, and adjudicative choices made by the courts of appeals grappling with the Section 3(b) quorum issue, and argues that the …

Who's Your Daddy? A Proposal For Paid Family Leave To Promote The Growth Of Families, Ashleigh Garvey, Claire Mitchell

Hofstra Labor & Employment Law Journal

No abstract provided.

Legal Turmoil In A Factious Colony: New York, 1664-1776, William E. Nelson

Hofstra Law Review

No abstract provided.

The Social Bases Of Climate Change Knowledge, Concern, And Policy Support In The U.S. General Public, Aaron M. Mccright

Hofstra Law Review

No abstract provided.

An Attorney-Client Privilege For Embattled Tax Practitioners: A Legislative Response To Uncertain Legal Counsel, William H. Volz, Theresa Ellis

Hofstra Law Review

No abstract provided.

Discovering Secrets: Act Of State Defenses To Bribery Cases, Elizabeth Spahn

Hofstra Law Review

Prosecution of white collar crime, particularly grand corruption bribery, is increasing. High-level bribery is structurally similar to illegal drug cartels and terrorist organizations. Bribe-givers are serviced by multinational networks of attorneys and bankers – the “gatekeepers”.

The prosecution of New York attorney and banker, James H. Giffen, in the Southern District of New York generated a pair of landmark opinions on significant issues of first impression rejecting act of state doctrine defenses to bribery cases. Act of state doctrine defenses involve complex legal issues at obscure intersections of U.S. criminal law, constitutional law, conflicts of law, and international comity.

The …

Uniform Collaborative Law Act, National Conference Of Commissioners On Uniform State Laws

Hofstra Law Review

This prefatory note is designed to facilitate understanding of the Uniform Collaborative Law Act by:

* providing an overview of what collaborative law is, its growth and development, and its benefits to parties, the public, and the legal profession;

* summarizing main provisions of the Uniform Collaborative Law Act;

* discussing the major policy issues addressed during the act's development and drafting-for example, appropriate scope of regulation, informed consent, and domestic violence; and

* identifying the reasons why the Uniform Collaborative Law Act should be a uniform act.

The text of the act, with comments on specific sections, follows this …

The Uniform Collaborative Law Act's Contribution To Informed Client Decision Making In Choosing A Dispute Resolution Process, Forrest S. Mosten, John Lande

Hofstra Law Review

This Article describes how lawyers can implement the requirements of the Uniform Collaborative Law Act to obtain clients’ informed consent. The Act requires lawyers to obtain clients’ informed consent before undertaking a Collaborative representation but does not specify the information that lawyers must discuss with prospective Collaborative parties. To flesh out the Act’s requirements, this Article describes how lawyers should analyze the facts and parties’ interests, screen the appropriateness of dispute resolution processes, analyze the reasonably available dispute resolution options, and discuss the Collaborative process with clients. It specifically addresses privacy issues including privilege, confidentiality, and full disclosure requirements. This …

The Uniform Collaborative Law Act As A Teaching Tool, Harry L. Tindall, Jennie R. Smith

Hofstra Law Review

No abstract provided.

Giving Public Opinion The Process That Is Due: What The Supreme Court Can Learn From Its Eighth Amendment Jurisprudence, Rebecca Wilhelm

Hofstra Law Review

No abstract provided.

Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh

Hofstra Law Review

The unexpected willingness of local governments to engage in climate change mitigation has occasioned a flurry of reflection and debate about whether local efforts are meaningful, what the implications of local climate change initiatives are for theories of environmental federalism, and how the motivations of local actors can be understood. Additionally, there has been much discussion about the efficacy of local actions and the appropriate role for local governments in addressing the climate change problem.

This Idea does not consider which level of government is best suited to address or attempt to define the optimal role of local governments with …

Reciprocity And Environmental Obligations, Leslie P. Francis

Hofstra Law Review

No abstract provided.

Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq

Hofstra Labor & Employment Law Journal

No abstract provided.

Abusing Abuse Of Discretion: Judicial Review Of Erisa Fiduciaries' Discretionary Decisions In Denial Of Benefits Cases, Christopher R. Stevenson

Hofstra Labor & Employment Law Journal

No abstract provided.

Erisa: The Foundational Insufficiencies For Deferential Review In Employee Benefit Claims- Metropolitan Life Insurance Co. V. Glenn, Donald T. Bogan

Hofstra Labor & Employment Law Journal

No abstract provided.

Leaving Well Enough Alone: Reflections On The Current State Of Erisa Remedial Law, Thomas P. Gies, Jane R. Foster

Hofstra Labor & Employment Law Journal

No abstract provided.