And Then There Were None
November 30, 2003
The Ninth Circuit Court of Appeals, like the state in which its San Francisco courthouse sits, has a mind of its own. Its contrariness, however, has also made it perennially the circuit court that the United States Supreme Court loves to overturn most. On the highly combustible topic of arbitration of statutory claims, however, the full Ninth Circuit beat the Supreme Court to the punch and overruled itself by holding that employers may require the arbitration of statutory claims.
A Word to the Wise
November 30, 2003
It seems to me that the employment setting has become, to a remarkable degree, a kind of civics classroom in which our citizenry is introduced to and schooled in the promise of a diverse people living in harmony. Anti-harassment policies, diversity goals, EEO training are all classes in the curriculum of an enlightened citizenry. The unenlightened often cross our path on the road to their biased actions in the workplace.
Index
November 30, 2003
A comprehensive list of key cases discussed in this issue.
Adult Use Amendments Held Unconstitutional
November 30, 2003
<i>Ten's Cabaret, Inc. v. City of New York,</i> decided last month (NYLJ 9/16/03, p. 18, col. 1), represents the latest skirmish in the long-term battle between the City of New York and owners of adult establishments over the city's efforts to regulate the location (and ultimately the number) of adult uses in the city. In <i>Ten's Cabaret</i>, Justice York of New York County Supreme Court held that the city's 2001 amendment to its zoning resolution &mdash enacted to counteract evasion of the provisions in the then-existing ordinance &mdash failed to pass constitutional muster because the city had not conducted any studies to demonstrate the need for the amendment.
Real Property Law
November 30, 2003
Recent decisions of importance to you and your practice.
Landlord & Tenant
November 30, 2003
Recent decisions of importance to you and your practice.
Litigation
November 30, 2003
Recent rulings of importance to your practice.
The Marital Estate: Stock Options and Restricted Stock
November 30, 2003
Stock options became a large part of many marital estates involved in marriage dissolution during the "bubble" of the late 1990s. As one would expect, the courts struggled with the issues this new situation presented, primarily what options were to be included in the marital estate.