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Articles 1 - 30 of 90
Full-Text Articles in Law
Introduction: The Continuing Quest For High-Quality Defense Representation In Capital Cases, Eric M. Freedman
Introduction: The Continuing Quest For High-Quality Defense Representation In Capital Cases, Eric M. Freedman
Hofstra Law Review
An introduction is presented in which the author discusses various reports within the issue on topics including the American Bar Association's "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" publication, ineffective assistance of counsel, and psychopathy.
This Time It’S For Real Continued: More Ways To Use Law-Related Current Events In The Classroom, Amy R. Stein
This Time It’S For Real Continued: More Ways To Use Law-Related Current Events In The Classroom, Amy R. Stein
Hofstra Law Faculty Scholarship
No abstract provided.
Estate Planning Issues With Intra-Family Loans And Notes, Stephen R. Akers, Philip J. Hayes
Estate Planning Issues With Intra-Family Loans And Notes, Stephen R. Akers, Philip J. Hayes
ACTEC Law Journal
Intra-family loans are quite prevalent, and can present significant estate planning opportunities. Loans among family members may seem simple, but they involve numerous complexities. The article addresses many of the complexities including estate, gift and income tax consequences of loans to both the lenders and borrowers in a wide variety of situations -- from simple cash loans to sophisticated sale transactions.
Sex Post Facto: Advising Clients Regarding Posthumous Conception, Benjamin C. Carpenter
Sex Post Facto: Advising Clients Regarding Posthumous Conception, Benjamin C. Carpenter
ACTEC Law Journal
Apart from tax considerations, trust and estate law is often viewed by outsiders as a somewhat dusty area of the law. However, few examples better illustrate the intersection of law and technology than posthumous conception and estate law. While judges, legislators, and commentators have tackled some of the issues created by posthumous conception, few estate planning lawyers discuss the issue with their clients. Such hesitance has been understandable, given the moral sensitivities involved with posthumous conception and the relatively small likelihood that it will affect any one particular client. However, that likelihood is becoming greater with each passing year, and, …
Anatomy Of An Anomaly: How The Qdot Credit Provisions Defy Logic And The Principles Of The Marital And Charitable Deductions, Edward A. Mccoyd, Jon Perrelle
Anatomy Of An Anomaly: How The Qdot Credit Provisions Defy Logic And The Principles Of The Marital And Charitable Deductions, Edward A. Mccoyd, Jon Perrelle
ACTEC Law Journal
No abstract provided.
Can State Law Remedies Revive Statutes Stricken By Erisa's Preemption Provision?, Justin A. Kesselman
Can State Law Remedies Revive Statutes Stricken By Erisa's Preemption Provision?, Justin A. Kesselman
ACTEC Law Journal
Since the United State Supreme Court's holding in Egelhoff that ERISA preempts state law revocation-on-divorce statutes, courts and legal scholars have attempted to fashion a way to apply the policies of these statutes to effect the presumed intent of an employee not to provide retirement plan benefits to a former spouse. This paper analyzes those efforts and contrasts the statutory remedy suggested in the Uniform Probate Code with the common law remedy of imposing a constructive trust on the recipient of those benefits. In this author's view, the constructive trust is the sounder approach, because it preserves the presumption embedded …
Major Reforms Of The Property Restatement And The Uniform Probate Code: Reformation, Harmless Error, And Nonprobate Transfers, John H. Langbein
Major Reforms Of The Property Restatement And The Uniform Probate Code: Reformation, Harmless Error, And Nonprobate Transfers, John H. Langbein
ACTEC Law Journal
In late 2011, the American Law Institute published the third and final volume of the Restatement (Third) of Property: Wills and Other Donative Transfers. In March 2012, the Restatement's two reporters, Professors Lawerence W. Waggoner and John H. Langbein, presented the Joseph Trachtman Memorial Lecture at the annual meeting of the American College of Trust and Estate Counsel in Miami Beach. Introducing the two lecturers, ACTEC President Mary Radford described them as "two icons in our field, [who] have had a hand in every major development in trust and estate law that has occurred over the past three decades..." In …
What's In The Third And Final Volume Of The New Restatement Of Property That Estate Planners Should Know About, Lawrence W. Waggoner
What's In The Third And Final Volume Of The New Restatement Of Property That Estate Planners Should Know About, Lawrence W. Waggoner
ACTEC Law Journal
No abstract provided.
Punishment And Work Law Compliance: Lessons From Chile, Cesar F. Rosado Marzan
Punishment And Work Law Compliance: Lessons From Chile, Cesar F. Rosado Marzan
Hofstra Labor & Employment Law Journal
Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …
The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth Glenn Dau-Schmidt, Winston Lin
The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth Glenn Dau-Schmidt, Winston Lin
Hofstra Labor & Employment Law Journal
American public sector unions and collective bargaining have been subjected to a vicious attack under the auspices of balancing government budgets, promoting "equity" between private and public employees and limiting the impact of "special interests" on government policy. The American and world financial crisis of 2007 resulted in the Great Recession of 2008 and substantial budget shortfalls for local and national governments world-wide. This financial crisis and the resulting disintegration of aggregate demand and employment are eerily similar to the financial crisis and collapse that led to the Great Depression of the 1930’s. However, unlike the calamity of the 1930’s, …
Robbing A Barren Vault: The Implication Of Dukes V. Wal-Mart For Cases Challenging Subjective Employment Practices, Elizabeth Tippett
Robbing A Barren Vault: The Implication Of Dukes V. Wal-Mart For Cases Challenging Subjective Employment Practices, Elizabeth Tippett
Hofstra Labor & Employment Law Journal
This article examines federal opinions from 2005-2011 challenging subjective employment practices under a 'disparate impact' or 'pattern or practice' theory to assess the likely impact of Dukes v. Wal-Mart on such cases. Although the Wal-Mart ruling favors employers, results suggest that the ruling’s effect on employer selection practices will be muted by the low prevalence of such claims. An average employer’s litigation risk in connection with such claims is so vanishingly small that I surmise they rarely examine or alter their subjective selection practices in response. However, the risk of a lawsuit challenging subjective employment practices was not homogenous across …
The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret
The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret
Hofstra Labor & Employment Law Journal
No abstract provided.
Affirmative Action For Lgbt Applicants & Employees: A Proposed Regulatory Scheme, Ryan H. Nelson
Affirmative Action For Lgbt Applicants & Employees: A Proposed Regulatory Scheme, Ryan H. Nelson
Hofstra Labor & Employment Law Journal
The “ENDA Executive Order” would require federal contractors to take affirmative action to recruit and employ lesbian, gay, bisexual, and transgender (“LGBT”) individuals. If the ENDA Executive Order is signed into law, the Office of Federal Contract Compliance Programs (“OFCCP”) would be tasked with developing the regulations to implement it without having had the benefit of public debate. This article seeks to begin that debate by proposing a set of regulations that would effectuate the purpose of the ENDA Executive Order (e.g., equal employment opportunity for LGBT individuals) without overburdening contractors.
With recognition that LGBT employment discrimination laws are novel …
Eastern Enterprises As The Canary In The Coalmine: Will The Supreme Court Hamper The Gulf Workforce By Continuing To Confuse The Constitutionality Of Retrograde Liability Provisions?, Jacob Claveloux
Hofstra Labor & Employment Law Journal
No abstract provided.
North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Michael J. Zimmer, Susan Bisom-Rapp
North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Michael J. Zimmer, Susan Bisom-Rapp
Hofstra Labor & Employment Law Journal
The economies of Canada and the United States and the organization of their societies are deeply interrelated but significant differences exist. This article briefly traces the interaction between the two countries in the development of labor relations laws with a particular emphasis on the impact of scholarly work on U.S. labor law reform debates in the last two decades. Instructive for that purpose is the work of Professor Paul Weiler, a prominent figure in labor law policy discussions in both countries. A significant architect of labor law in Canada, Professor Weiler came to Harvard Law School in 1978 and brought …
Lactation Breaks In The Workplace: What Employers Need To Know About The Nursing Mothers Amendment To The Flsa, Sarah Andrews
Lactation Breaks In The Workplace: What Employers Need To Know About The Nursing Mothers Amendment To The Flsa, Sarah Andrews
Hofstra Labor & Employment Law Journal
No abstract provided.
Gender, Family, And Work, Marcia L. Mccormick
Gender, Family, And Work, Marcia L. Mccormick
Hofstra Labor & Employment Law Journal
No abstract provided.
Embracing Out Values: Title Ix, The "Single-Sex Exemption," And Fraternities' Inclusion Of Transgender Members, Stevie V. Tran
Embracing Out Values: Title Ix, The "Single-Sex Exemption," And Fraternities' Inclusion Of Transgender Members, Stevie V. Tran
Hofstra Law Review
No abstract provided.
Constitutional Branding, Michael J. Gerhardt
The Challenges To Legal Education In 1973 And 2012: An Introduction To The Anniversary Issue Of The Hofstra Law Review, Nora V. Demleitner
The Challenges To Legal Education In 1973 And 2012: An Introduction To The Anniversary Issue Of The Hofstra Law Review, Nora V. Demleitner
Hofstra Law Review
No abstract provided.
The Gamification Of Work, Miriam A. Cherry
The Gamification Of Work, Miriam A. Cherry
Hofstra Law Review
In the language of cyberspace, introducing elements of fun or game-playing into everyday tasks or through simulations is known as the process of “gamification.” The idea that people could be working while they play a video game – in some instances without even knowing that they are working – is becoming part of our reality. Gamification is an important element of what in previous writing I have termed “virtual work,” that is, work that is taking place wholly online, in crowdsourcing arrangements, or in virtual worlds. The gamification of work is an important trend with important implications for employment law. …
First Department Adopts Zubulake In The Electronic Discovery Context, Justice Sallie Manzanet-Daniels
First Department Adopts Zubulake In The Electronic Discovery Context, Justice Sallie Manzanet-Daniels
Hofstra Law Review
No abstract provided.
Enforcing Self-Regulatory Organization's Penalties And The Nature Of Self-Regulation, Jonathan Macey, Caroline Novogrod
Enforcing Self-Regulatory Organization's Penalties And The Nature Of Self-Regulation, Jonathan Macey, Caroline Novogrod
Hofstra Law Review
No abstract provided.
Look Over Your Figurative Shoulder: How To Save Individual Dignity And Privacy On The Internet, Maayan Y. Vodovis
Look Over Your Figurative Shoulder: How To Save Individual Dignity And Privacy On The Internet, Maayan Y. Vodovis
Hofstra Law Review
No abstract provided.
A Prescription For Excess: Using Prescriptive Comity To Limit The Extraterritorial Reach Of The Sherman Act, Stephen D. Piraino
A Prescription For Excess: Using Prescriptive Comity To Limit The Extraterritorial Reach Of The Sherman Act, Stephen D. Piraino
Hofstra Law Review
No abstract provided.