The classic defense of free speech has justified its protection on public grounds. Under this view, the First Amendment protects free speech to ensure the proper functioning of democratic self-government by facilitating the spread of truth on important public matters. Recently, however, legal...

In 2006 the Delaware Supreme Court handed down a set of opinions, In re Walt Disney Co. Derivative Litigation and Stone v. Ritter, which were intended to clarify the often invoked, but rarely defined, notion of corporate good faith. In doing so, the Court introduced scienter as a key element in...

We analyse the characteristics of workers who provide work on the basis of a civil or commercial contract, but who are dependent on or integrated into the firm for which they work. We argue that these dependent self-employed lose their rights under labour law, receive less favourable benefits...

Negative consequences of undeclared work are reflected in the economy by distorting competition. Thus, employers who do not use declared work have fewer financial obligations and therefore are competing unfairly with those employers who use all kinds of resources and making real efforts to...

The 1998 government-initiated civil-RICO suit and court-enforced agreement to purge the International Brotherhood of Teamsters (IBT) of organized crime's presence and influence will stand as an important chapter in America's labor history as well as law enforcement history. The remedial phase,...

While scholars debate the fairness and efficiency of full priority secured lending and asset securitization, lawmakers pass statutes that only expand these types of financing. Lawmakers seem compelled to err in favor of sophisticated secured creditors and against creditors in weak bargaining...

This article focuses on the study of masculinities, a body of theoretical and empirical work by sociologists, feminist theorists and organization management theorists. This work, much of which employment law scholars have ignored, studies the role of masculinities, which are often invisible, in...

This paper defines a role for human rights workers in the discussion of humanitarian emergencies. The approach is to look at how human rights law, monitoring, and information can be useful in two ways: (1) to warn of an impending humanitarian emergency, and (2) as part of efforts to resolve the...

The paper deals with with one possible Utopian model, according to which law is an important part of the speculative Utopian Myth. This model is illustrated by using two narratives, created centuries apart. Both stories, from Hebrew sources, refer, in some detail to imaginary societies. Both...

This article provides a thorough analysis of contemporary sexual harassment case law in Israel and presents the first systematic study of all reported court opinions on sexual harassment that have been issued following the enactment of The Prevention of Sexual Harassment Law in 1998, 222...