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Articles 12361 - 12390 of 13128
Full-Text Articles in Law
The Discounted Labor Of Bipoc Students And Faculty, Taleed El-Sabawi, Madison Fields
The Discounted Labor Of Bipoc Students And Faculty, Taleed El-Sabawi, Madison Fields
Faculty Publications
Black Law Students experienced a different COVID-19 pandemic than their majority counterparts due in part to the emotional and physical toll caused by the violent, public mistreatment of Black persons at the hands of law enforcement. While some law faculty at some institutions were proactive in identifying the struggles that their Black students were facing, most law faculty and administrators did nothing—prompting Black students to take time away from their studies to organize, draft letters, gather signatures, and have very uncomfortable conversations with university administrators and faculty about the need for change. Meanwhile, Black faculty and faculty of color, who …
Security For Expense Statutes For Llcs And Limited Partnerships: Adding Value Or Simply Adding To The Owners’ Hopelessness?, Miriam R. Albert
Security For Expense Statutes For Llcs And Limited Partnerships: Adding Value Or Simply Adding To The Owners’ Hopelessness?, Miriam R. Albert
Hofstra Law Faculty Scholarship
Every state authorizes shareholder derivative litigation, and the vast majority extend this remedy to LLCs and limited partnerships. As the availability and incidence of derivative litigation has expanded over time, a number of procedural hurdles have evolved in an effort to limit nuisance or strike suits. The theory is that these strike suits are brought by small shareholders, and the need to post a bond may deter these shareholders from bringing these suits. As part of this effort, some states have enacted “security for expense” provisions, requiring owners to post a bond to cover the defendants’ expenses before they can …
Covid-19 Mutual Aid, Anti-Authoritarian Activism, And The Law, Michael Haber
Covid-19 Mutual Aid, Anti-Authoritarian Activism, And The Law, Michael Haber
Hofstra Law Faculty Scholarship
As the COVID-19 pandemic spread across the globe in the spring of 2020, thousands of grassroots, participatory, and often social movement-connected community efforts to help feed, shelter, and care for one another through the crisis were launched, many of which identified their projects as “mutual aid.” This article presents an overview of mutual aid and gives an introduction to the legal issues being confronted by mutual aid groups. It begins by presenting a history of mutual aid practices, principally in the U.S. context, situating mutual aid within the political framework of anti-authoritarian activism. It then gives an overview of common …
Closing The Law School Gap: A Collaborative Effort To Address Educational Inequities Through Free, Asynchronous Tools, Steven Foster, Melissa Hale, Nicole Lefton, John Mayer, Laura Mott, Allie Robbins
Closing The Law School Gap: A Collaborative Effort To Address Educational Inequities Through Free, Asynchronous Tools, Steven Foster, Melissa Hale, Nicole Lefton, John Mayer, Laura Mott, Allie Robbins
Hofstra Law Faculty Scholarship
According to the latest Profile of the Legal Profession by the American Bar Association, 860% of all lawyers identify as non-Hispanic white individuals. Diversifying the legal profession requires diversifying the law student population, but simply admitting more law students from underrepresented communities is inadequate. To work towards true equity, all students must be given the tools to succeed in law school. A recently developed resource - the CALI Law School Success Lessons, a series of interactive online lessons on how to be a successful law student -was designed with precisely this goal in mind- to enhance equity in law schools. …
Corporate Entanglement With Religion And The Suppression Of Expression, Ronald J. Colombo
Corporate Entanglement With Religion And The Suppression Of Expression, Ronald J. Colombo
Hofstra Law Faculty Scholarship
The power and ability of corporations to assert their First Amendment rights to the detriment of others remains both a controversial and unresolved issue. Adverting to relevant strands of existing jurisprudence and certain constitutionally relevant factors, this Article suggests a solution. The path turns upon the recognition that whereas some corporations are appropriately categorized as rights-bearing entities (akin to associations), others are more appropriately categorized as "entities against which the rights of individuals can be asserted." Legislation, in the form of the draft "CENSOR" Act, is provided as a means by which to implement this categorization. What hopefully emerges is …
Virtuous Law-Breaking, G. Alex Sinha
Virtuous Law-Breaking, G. Alex Sinha
Hofstra Law Faculty Scholarship
A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced a revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly …
Toward Fair Gainsharing And A Quality Workplace For Employees: How A Reconceived Compensation Committee Might Help Make Corporations More Responsible Employers And Restore Faith In American Capitalism, Leo E. Strine Jr., Kirby M. Smith
Toward Fair Gainsharing And A Quality Workplace For Employees: How A Reconceived Compensation Committee Might Help Make Corporations More Responsible Employers And Restore Faith In American Capitalism, Leo E. Strine Jr., Kirby M. Smith
Ira M. Millstein Center for Global Markets and Corporate Ownership
In the three decades after World War II, workers and stockholders shared equitably in the nation’s growing wealth. But over the last several decades, this fair gainsharing has diminished as the power of the stock market, in the form of institutional investors, has grown as the comparative voice and leverage of workers has declined. As a result of these and other factors, a much greater share of the gains from increased corporate profitability and productivity has gone to stockholders and top management, on the one hand, and much less to employees, on the other. Contributing to this divide has been …
Caremark And Esg, Perfect Together: A Practical Approach To Implementing An Integrated, Efficient, And Effective Caremark And Eesg Strategy, Leo E. Strine Jr., Kirby M. Smith, Reilly S. Steel
Caremark And Esg, Perfect Together: A Practical Approach To Implementing An Integrated, Efficient, And Effective Caremark And Eesg Strategy, Leo E. Strine Jr., Kirby M. Smith, Reilly S. Steel
Ira M. Millstein Center for Global Markets and Corporate Ownership
With increased calls from investors, legislators, and academics for corporations to consider employee, environmental, social, and governance factors (“EESG”) when making decisions, boards and managers are struggling to situate EESG within their existing reporting and organizational structures. Building on an emerging literature connecting EESG with corporate compliance, this Essay argues that EESG is best understood as an extension of the board’s duty to implement and monitor a compliance program under Caremark. If a company decides to do more than the legal minimum, it will simultaneously satisfy legitimate demands for strong EESG programs and promote compliance with the law. Building on …
Senior Leaders And Those Most Responsible At The Extraordinary Chambers In The Courts Of Cambodia, Stuart Ford
Senior Leaders And Those Most Responsible At The Extraordinary Chambers In The Courts Of Cambodia, Stuart Ford
FIU Law Review
No abstract provided.
Gangmastering Passata: Multi-Territoriality Of The Food System And The Legal Construction Of Cheap Labor Behind The Globalized Italian Tomato, Dr. Tomaso Ferrando
Gangmastering Passata: Multi-Territoriality Of The Food System And The Legal Construction Of Cheap Labor Behind The Globalized Italian Tomato, Dr. Tomaso Ferrando
FIU Law Review
No abstract provided.
“Juveniles Are Different”: Easier Said Than Done Resolving Disparities Among Courts Regarding The Constitutionality Of Sentencing Juveniles To De Facto Life-Without-Parole, Audrey Fernandez
FIU Law Review
No abstract provided.
The Making Of An Iconic Cheese: Mozzarella Di Bufala Campana D.O.P., Michele Graziadei
The Making Of An Iconic Cheese: Mozzarella Di Bufala Campana D.O.P., Michele Graziadei
FIU Law Review
No abstract provided.
Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.
Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.
FIU Law Review
No abstract provided.
Legacy Of The Special Court For Sierra Leone: Creating Space For Non-Judicial Alternatives, Linda Carter
Legacy Of The Special Court For Sierra Leone: Creating Space For Non-Judicial Alternatives, Linda Carter
FIU Law Review
No abstract provided.
Dealing With Gender-Based Crimes In International Criminal Law, Tamara Cummings-John
Dealing With Gender-Based Crimes In International Criminal Law, Tamara Cummings-John
FIU Law Review
No abstract provided.
Closing Reflections On The Contributions On The Scsl’S Legal Legacy, Charles C. Jalloh
Closing Reflections On The Contributions On The Scsl’S Legal Legacy, Charles C. Jalloh
FIU Law Review
No abstract provided.
Reforming The Mississippi Criminal Code Part Iii: Person-Endangering Crimes Against Habitation And Property: Arson, Burglary, Robbery, And Related Crimes, Judith J. Johnson
Reforming The Mississippi Criminal Code Part Iii: Person-Endangering Crimes Against Habitation And Property: Arson, Burglary, Robbery, And Related Crimes, Judith J. Johnson
MC Law Review
No abstract provided.
Fundamental Lessons Learned Working With Sharion Aycock, Clyde Mcgee, Parker Kline, Kristi Johnson, Charles Blanchard, Krissy Nobile, Blake Adams, Drew Mauldin, Blythe Lollar, Grafton Bragg, Daniel Mchugh, Amy Mitchell, Ray Young, Katie Beatty, Allison Slusher, Stephen Oaty, Lawrence De Sola
Fundamental Lessons Learned Working With Sharion Aycock, Clyde Mcgee, Parker Kline, Kristi Johnson, Charles Blanchard, Krissy Nobile, Blake Adams, Drew Mauldin, Blythe Lollar, Grafton Bragg, Daniel Mchugh, Amy Mitchell, Ray Young, Katie Beatty, Allison Slusher, Stephen Oaty, Lawrence De Sola
MC Law Review
No abstract provided.
Restoration: The Role Stakeholder Governance Must Play In Recreating A Fair And Sustainable American Economy – A Reply To Professor Rock, Leo E. Strine Jr.
Restoration: The Role Stakeholder Governance Must Play In Recreating A Fair And Sustainable American Economy – A Reply To Professor Rock, Leo E. Strine Jr.
Ira M. Millstein Center for Global Markets and Corporate Ownership
This reply to For Whom Is the Corporation Managed in 2020? The Debate Over Corporate Purpose by Professor Edward Rock supports his depiction of the current state of corporate law in the United States. But by contrast to Professor Rock, I do not trace the debate over corporate purpose to recent statements by business elites belatedly recognizing that our corporate governance system has failed to work for the many and is contributing to growing inequality. Rather, I source the debate to the work of advocates and scholars who have long been trying to restore fairness to our economy by updating …
The Supreme Court’S Un-Americanism Pendulum, Nicholas L. Georgakopoulos
The Supreme Court’S Un-Americanism Pendulum, Nicholas L. Georgakopoulos
FIU Law Review
No abstract provided.
The Two Percent: How Florida’S Capital Punishment System Defies The Eighth Amendment, Sofia Perla
The Two Percent: How Florida’S Capital Punishment System Defies The Eighth Amendment, Sofia Perla
FIU Law Review
No abstract provided.
The Dormant Monster: Florida’S Intrastate Marijuana Regulation And Its Susceptibility To Dormant Commerce Clause Challenge, Ivan Feris, Jr.
The Dormant Monster: Florida’S Intrastate Marijuana Regulation And Its Susceptibility To Dormant Commerce Clause Challenge, Ivan Feris, Jr.
FIU Law Review
No abstract provided.
The Road To Bostock, John Towers Rice
Preserving Procreative Potential With A Smart Prenuptial Agreement, Lynda Wray Black, Chelsea E. Caldwell
Preserving Procreative Potential With A Smart Prenuptial Agreement, Lynda Wray Black, Chelsea E. Caldwell
FIU Law Review
No abstract provided.
Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi
Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi
FIU Law Review
No abstract provided.