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2012

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Articles 11251 - 11280 of 13467

Full-Text Articles in Law

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 Jan 2012

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, …


The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, Blake R. Bertagna Jan 2012

The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, Blake R. Bertagna

Hofstra Labor & Employment Law Journal

No abstract provided.


Robbing A Barren Vault: The Implication Of Dukes V. Wal-Mart For Cases Challenging Subjective Employment Practices, Elizabeth Tippett Jan 2012

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 …


Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio Jan 2012

Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio

Hofstra Labor & Employment Law Journal

No abstract provided.


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 Jan 2012

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 Jan 2012

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 …


The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret Jan 2012

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret

Hofstra Labor & Employment Law Journal

No abstract provided.


Lactation Breaks In The Workplace: What Employers Need To Know About The Nursing Mothers Amendment To The Flsa, Sarah Andrews Jan 2012

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.


The First Prong's Effect On The Docket: How The Second Circuit Should Modify The Mcdonnell Douglas Framework In Title Vii Reverse Discrimination Claims, Ryan Mainhardt, William Volet Jan 2012

The First Prong's Effect On The Docket: How The Second Circuit Should Modify The Mcdonnell Douglas Framework In Title Vii Reverse Discrimination Claims, Ryan Mainhardt, William Volet

Hofstra Labor & Employment Law Journal

No abstract provided.


Drawing A Line In The Shifting Sand Of Social Media: Attempting To Prevent Teachers From "Liking" A Student Outside The Classroom, James R. Baez, Kerri E. Caufield Jan 2012

Drawing A Line In The Shifting Sand Of Social Media: Attempting To Prevent Teachers From "Liking" A Student Outside The Classroom, James R. Baez, Kerri E. Caufield

Hofstra Labor & Employment Law Journal

No abstract provided.


"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss Jan 2012

"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss

Law Faculty Articles and Essays

There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …


Why Study Islamic Legal Professionals?, Clark B. Lombardi, R. Michael Feener Jan 2012

Why Study Islamic Legal Professionals?, Clark B. Lombardi, R. Michael Feener

Washington International Law Journal

In many countries today, including the Southeast Asian nations of Indonesia, Malaysia, and Singapore, governments regulate some aspects of Muslim life according to Islamic law. The administration of Islamic law in these states is carried out by modern courts that are structured differently and staffed by different types of figures than were earlier institutions for the implementation of Islamic law. Prior to the modern era, courts tasked with the job of resolving cases according to Shari‛a were staffed by judges with a particular type of training, and litigants appearing before these judges were generally not represented by a specialized class …


Adventist Eschatology In Relation To The Religious Left And The Religious Right, Michael F. Younker Jan 2012

Adventist Eschatology In Relation To The Religious Left And The Religious Right, Michael F. Younker

Journal of the Adventist Theological Society

No abstract provided.


The War On Terror: Where We Are And How We Got There, Michael B. Mukasey Jan 2012

The War On Terror: Where We Are And How We Got There, Michael B. Mukasey

NYLS Law Review

No abstract provided.


The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World, Peter M. Shane Jan 2012

The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World, Peter M. Shane

NYLS Law Review

No abstract provided.


Secrecy And Self-Governance, Geoffrey R. Stone Jan 2012

Secrecy And Self-Governance, Geoffrey R. Stone

NYLS Law Review

No abstract provided.


Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell Jan 2012

Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell

NYLS Law Review

No abstract provided.


Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty Jan 2012

Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty

NYLS Law Review

No abstract provided.


What We Are Learning, Stephen Ellmann Jan 2012

What We Are Learning, Stephen Ellmann

NYLS Law Review

No abstract provided.


Law Schools And The Changing Face Of Practice, Peter Toll Hoffman Jan 2012

Law Schools And The Changing Face Of Practice, Peter Toll Hoffman

NYLS Law Review

No abstract provided.


Bargaining Without Law, Robert J. Condlin Jan 2012

Bargaining Without Law, Robert J. Condlin

NYLS Law Review

No abstract provided.


Epistemology And Ethics In Relationship-Centered Legal Education And Practice, Susan L. Brooks, Robert G. Madden Jan 2012

Epistemology And Ethics In Relationship-Centered Legal Education And Practice, Susan L. Brooks, Robert G. Madden

NYLS Law Review

No abstract provided.


New Roles To Solve Old Problems: Lawyering For Ordinary People In Today’S Context, Marsha M. Mansfield, Louise G. Trubek Jan 2012

New Roles To Solve Old Problems: Lawyering For Ordinary People In Today’S Context, Marsha M. Mansfield, Louise G. Trubek

NYLS Law Review

No abstract provided.


Collaborative As Client: Lawyering For Effective Change, Robin S. Golden Jan 2012

Collaborative As Client: Lawyering For Effective Change, Robin S. Golden

NYLS Law Review

No abstract provided.


Navigating Culture In The Field: Cultural Competency Training Lessons From The International Human Rights Clinic, Kathleen Kelly Janus, Dee Smythe Jan 2012

Navigating Culture In The Field: Cultural Competency Training Lessons From The International Human Rights Clinic, Kathleen Kelly Janus, Dee Smythe

NYLS Law Review

No abstract provided.


Making Law Students Healthy, Skillful, And Wise, Peggy Cooper Davis, Ebony Coletu, Bonita London, Wentao Yuan Jan 2012

Making Law Students Healthy, Skillful, And Wise, Peggy Cooper Davis, Ebony Coletu, Bonita London, Wentao Yuan

NYLS Law Review

No abstract provided.


Re-Vision Quest: A Law School Guide To Designing Experiential Courses Involving Real Lawyering, Deborah Maranville, Mary A. Lynch, Susan L. Kay, Phyllis Goldfarb, Russell Engler Jan 2012

Re-Vision Quest: A Law School Guide To Designing Experiential Courses Involving Real Lawyering, Deborah Maranville, Mary A. Lynch, Susan L. Kay, Phyllis Goldfarb, Russell Engler

NYLS Law Review

No abstract provided.


The Service-Learning Model In The Law School Curriculum, Laurie Morin, Susan Waysdorf Jan 2012

The Service-Learning Model In The Law School Curriculum, Laurie Morin, Susan Waysdorf

NYLS Law Review

No abstract provided.


Practice-Based Learning: Emphasizing Practice And Offering Critical Perspectives On The Dangers Of “Co-Op”Tation, Brooke K. Baker Jan 2012

Practice-Based Learning: Emphasizing Practice And Offering Critical Perspectives On The Dangers Of “Co-Op”Tation, Brooke K. Baker

NYLS Law Review

No abstract provided.


The Constitutionality Of The Niqab Ban In Egypt: A Symbol Of Egypt’S Struggle For A Legal Identity, Luna Droubi Jan 2012

The Constitutionality Of The Niqab Ban In Egypt: A Symbol Of Egypt’S Struggle For A Legal Identity, Luna Droubi

NYLS Law Review

No abstract provided.