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2013

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Articles 10561 - 10590 of 12811

Full-Text Articles in Law

Then And Now: How Technology Has Changed The Workplace, Nancy B. Schess, Esq. Jan 2013

Then And Now: How Technology Has Changed The Workplace, Nancy B. Schess, Esq.

Hofstra Labor & Employment Law Journal

No abstract provided.


Total Recall: The Rise And Fall Of Teacher Tenure, Laura Mcneal Jan 2013

Total Recall: The Rise And Fall Of Teacher Tenure, Laura Mcneal

Hofstra Labor & Employment Law Journal

No abstract provided.


Implementing A Long Term Work Visa Program To Document The Undocumented And Protect The U.S. Workforce, Diana M. Cannino Jan 2013

Implementing A Long Term Work Visa Program To Document The Undocumented And Protect The U.S. Workforce, Diana M. Cannino

Hofstra Labor & Employment Law Journal

No abstract provided.


The Future: They Will Lead; The Law Will Follow, Robert A. Kearney Jan 2013

The Future: They Will Lead; The Law Will Follow, Robert A. Kearney

Hofstra Labor & Employment Law Journal

No abstract provided.


Pleading Disability After The Adaaa, Kevin Barry, Brian East, Marcy Karin Jan 2013

Pleading Disability After The Adaaa, Kevin Barry, Brian East, Marcy Karin

Hofstra Labor & Employment Law Journal

Five years ago, Congress passed the ADA Amendments Act, and amended the definition of disability to reinstate the ADA’s broad scope of coverage, which had been unduly narrowed by the Supreme Court and lower courts for nearly twenty years. Three years ago, the EEOC revised its regulations to clarify that broad scope of coverage. Since then, courts have gone to work interpreting this new scope of coverage. The preliminary results are good, but they could be better.

While the ADAAA made a host of important changes to the ADA’s definition of disability, employee-side lawyers need to do a better job …


"Friending" The Nlrb: The Connection Between Social Media, "Concerted Activities" And Employer Interests, Regina Robson Jan 2013

"Friending" The Nlrb: The Connection Between Social Media, "Concerted Activities" And Employer Interests, Regina Robson

Hofstra Labor & Employment Law Journal

No abstract provided.


Unprecedented Factory Fire Of Tazreen Fashions In Bangladesh: Revisiting Bangladeshi Labor Laws In Light Of Their Equivalents In Australia, S. M. Solaiman Jan 2013

Unprecedented Factory Fire Of Tazreen Fashions In Bangladesh: Revisiting Bangladeshi Labor Laws In Light Of Their Equivalents In Australia, S. M. Solaiman

Hofstra Labor & Employment Law Journal

No abstract provided.


Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski Jan 2013

Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski

Hofstra Labor & Employment Law Journal

U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …


Left In The Dark: How New York's Taylor Law Impairs Collective Bargaining, Jason A. Zwara Jan 2013

Left In The Dark: How New York's Taylor Law Impairs Collective Bargaining, Jason A. Zwara

Hofstra Labor & Employment Law Journal

No abstract provided.


Bringing Jobs Back To The American People: The Need For A Recognized Labor Relations Priviledge In The Aftermath Of The Economic Recession, Christopher M. Muñiz Jan 2013

Bringing Jobs Back To The American People: The Need For A Recognized Labor Relations Priviledge In The Aftermath Of The Economic Recession, Christopher M. Muñiz

Hofstra Labor & Employment Law Journal

No abstract provided.


The Liquidating Fiduciary: A Hidden Exception To Warn Act Liability, John-Ethan Gionis Jan 2013

The Liquidating Fiduciary: A Hidden Exception To Warn Act Liability, John-Ethan Gionis

Hofstra Labor & Employment Law Journal

No abstract provided.


The First Amendment And The Second Commandment, Amy Adler Jan 2013

The First Amendment And The Second Commandment, Amy Adler

NYLS Law Review

No abstract provided.


Law Among The Sight Lovers, Francis J. Mootz Iii Jan 2013

Law Among The Sight Lovers, Francis J. Mootz Iii

NYLS Law Review

No abstract provided.


Arrested By The Image, Alison Young Jan 2013

Arrested By The Image, Alison Young

NYLS Law Review

No abstract provided.


Deleuze And The Maiden: A Short Introduction To Legal Pornology, Laurent De Sutter Jan 2013

Deleuze And The Maiden: A Short Introduction To Legal Pornology, Laurent De Sutter

NYLS Law Review

No abstract provided.


Image And Affect: Between Neo-Baroque Sadism And Masochism, Nathan Moore Jan 2013

Image And Affect: Between Neo-Baroque Sadism And Masochism, Nathan Moore

NYLS Law Review

No abstract provided.


Visualizing The Law In The Baroque Age: The Play Of Value And The Law: Image And Comedy At The End Of Louis Xiv’S Reign, Christian Biet Jan 2013

Visualizing The Law In The Baroque Age: The Play Of Value And The Law: Image And Comedy At The End Of Louis Xiv’S Reign, Christian Biet

NYLS Law Review

No abstract provided.


Images In/Of Law, Jessica Silbey Jan 2013

Images In/Of Law, Jessica Silbey

NYLS Law Review

No abstract provided.


Beinor V. Industrial Claims Appeals Office, Emma S. Blumer Jan 2013

Beinor V. Industrial Claims Appeals Office, Emma S. Blumer

NYLS Law Review

No abstract provided.


Islamic Law And American Law: Between Concordance And Dissonance, Mohammed Fadel Jan 2013

Islamic Law And American Law: Between Concordance And Dissonance, Mohammed Fadel

NYLS Law Review

No abstract provided.


Rumors Of The Sharia Threat Are Greatly Exaggerated: What American Judges Really Do With Islamic Family Law In Their Courtrooms, Asifa Quraishi-Landes Jan 2013

Rumors Of The Sharia Threat Are Greatly Exaggerated: What American Judges Really Do With Islamic Family Law In Their Courtrooms, Asifa Quraishi-Landes

NYLS Law Review

No abstract provided.


Jewish Law Courts In America: Lessons Offered To Sharia Courts By The Beth Din Of America Precedent, Michael J. Broyde Jan 2013

Jewish Law Courts In America: Lessons Offered To Sharia Courts By The Beth Din Of America Precedent, Michael J. Broyde

NYLS Law Review

No abstract provided.


The Digital Accountability And Transparency Act Of 2011 (Data): Using Open Data Principles To Revamp Spending Transparency Legislation, Jillian Raines '12 Jan 2013

The Digital Accountability And Transparency Act Of 2011 (Data): Using Open Data Principles To Revamp Spending Transparency Legislation, Jillian Raines '12

NYLS Law Review

No abstract provided.


Finding The Groove: A Path Forward On Terminations Of Sound Recording Transfers, Adam Rich '12 Jan 2013

Finding The Groove: A Path Forward On Terminations Of Sound Recording Transfers, Adam Rich '12

NYLS Law Review

No abstract provided.


Dodd-Frank And International Regulatory Convergence: The Case For Mutual Recognition, Nicholas W. Turner '12 Jan 2013

Dodd-Frank And International Regulatory Convergence: The Case For Mutual Recognition, Nicholas W. Turner '12

NYLS Law Review

No abstract provided.


President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein Jan 2013

President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein

NYLS Law Review

No abstract provided.


Introduction, Peter J. Strauss Jan 2013

Introduction, Peter J. Strauss

NYLS Law Review

No abstract provided.


Terminating Parental Rights Through A Backdoor In The Virginia Code, Dale Margolin Cecka Jan 2013

Terminating Parental Rights Through A Backdoor In The Virginia Code, Dale Margolin Cecka

Law Faculty Publications

This article explores deficits in the statute, in light of constitutional law, other Virginia adoption and termination of parental rights statutes, and other states' codes and jurisprudence. Part II describes the history and practice of the statute. Part III describes the flaws of the statute, including Fourteenth Amendment violations and inherent conflicts of interest. Part IV calls for the revision of section 1202(H) based on recent precedent in which the Supreme Court of Virginia recognized the sanctity of the parent-child relationship and the state's interest in preserving it.


Dancing With The Derivatives Devil: Mutual Funds' Dangerous Liaison With Complex Investment Contracts And The Forgotten Lessons Of 1940, Kelly S. Kibbie Jan 2013

Dancing With The Derivatives Devil: Mutual Funds' Dangerous Liaison With Complex Investment Contracts And The Forgotten Lessons Of 1940, Kelly S. Kibbie

UC Law Business Journal

This Article examines the implications of the drastic increase in the use of complex derivative instruments by mutual funds and the inadequacy of the current statutory and regulatory framework to protect investors. With a series of derivatives disasters and with ninety-four percent of individual mutual fund investors saving for retirementemphasize the need for prompt reform. The 1940 Act was not designed to address complex derivative instruments utilized today and actually prohibits most derivative transactions by mutual funds. Further, the SEC has never engaged in any rulemaking with respect to derivatives transactions by mutual funds. Thus, reforms must be enacted to …


To Tax Or Not To Tax, That Is The Question: A Critique Of The United States’ Policy On Taxation Of Servers, Christopher Trester Jan 2013

To Tax Or Not To Tax, That Is The Question: A Critique Of The United States’ Policy On Taxation Of Servers, Christopher Trester

UC Law Business Journal

The international tax authorities are struggling to create an effective scheme to generate revenue from electronic commerce (“e-commerce”). Currently, the United Stateshas no clear policy on the taxation of these transactions, which deters international companies from locating their servers within the United States based on the fear of high tax rates and uncertain results. The United States should adopt a domestic and international policy that focuses on a consumption-based approach to taxing e-commerce. However, the Organization for Economic Co-operation and Development (“OECD”) and several member countries recommend using source-based concept of permanent establishment to tax the transactions based on the …