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John Gaal's Ethics Corner
April 06, 2004
Your ethics questions answered by the expert!
'The Enemy of 40 is 30, Not 50'
April 06, 2004
The United States Supreme Court recently ruled that reverse age discrimination claims are not cognizable under the Age Discrimination in Employment Act, 29 U.S.C. ' 621 <i>et seq.</i> (ADEA) in <i>General Dynamics Land Systems Inc. v. Cline</i>, 124 S. Ct. 1236 (2/24/04). Writing for a 6-3 majority, Justice Souter concluded that "the enemy of 40 is 30, not 50." <i>Id.</i> at 1243. What does this mean for employers and employees?
Courts Expand on Meaning of 'Employee'
April 06, 2004
Are welfare recipients who participate in mandatory Work Experience Programs (WEP) protected by statutes such as Title VII and the FLSA? In an expansive reading of the definition of employees, two federal courts recently ruled that such "workers" are "employees" within the meaning of the federal statutory scheme and, therefore, may seek relief for discrimination at the workplace or for compensation for excess work.
Real Property Law
April 01, 2004
The latest real property law rulings you need to know.
Index
April 01, 2004
Everything you need to find what's inside this issue.
Eminent Domain Law
April 01, 2004
The latest rulings eminent domain law.
Landlord & Tenant
April 01, 2004
The latest rulings of importance to your practice.
Development
April 01, 2004
Recent cases of importance to your practice.
Cooperatives & Condominiums
April 01, 2004
Recent cases of importance to your practice.
Restrictive Covenants Meet the Telecommunications Act of 1996
April 01, 2004
Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.

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