Voluntary or Mandatory? An Oxymoron Reconsidered Should mediation remain entirely voluntary, or should legal systems require parties to try it before stepping into court? This debate lies at the center of modern dispute resolution policy all over the world. Those defending voluntariness tend to emphasize the value of party autonomy, arguing that people who freely … Continued
The gig economy has not merely disrupted the labor market; it has redefined its architecture. Platforms such as Uber, Lyft, and DoorDash now mediate vast swaths of economic activity, reconfiguring the relationship between labor and capital through algorithmic control, dynamic pricing, and the offloading of risk. During the COVID-19 pandemic, gig workers were cast as … Continued
Pre-mortem probate is the statutory process of validating a will while the testator is alive. One significant advantage to pre-mortem probate is the certainty it provides regarding the testator’s intent. Who better to tell us what he or she wanted than the testator? In other words, the Spice Girls were onto something, as pre-mortem probate … Continued
It was not happenstance that Susan Golden, chair of the Real Property Law Section, carved out time for an interview the day after the section’s successful summer meeting at Crystal Springs Resort in New Jersey concluded. After all, she has a full agenda to address in the next 11 months. “The program was terrific. It … Continued
As of Jan. 1, New York State became the first state to offer paid time off for employees to receive prenatal care. While the paid prenatal leave law fills an important gap in New York’s legal framework, it may raise some concerns relating to employee privacy. This article discusses New York State’s paid prenatal leave, … Continued
To the Forum: I am a senior associate at Jones & Smith, a 30-lawyer firm on Long Island. One of the two founding partners, Tom Smith, came to me yesterday with astonishing news: he had just told his co-founder, Elbert Jones, that he (Tom) was leaving to go to a rival firm, Young & Zachary. … Continued
Long-sought U.S. federal regulations around cryptocurrencies have come together which should ease the tension in the digital marketplace. The federal administration has initiated a more friendly approach than previous administrations to federal regulation by establishing a working group on digital assets and encouraging a more flexible approach to regulation. In addition, three bills passed through … Continued
Abigail Levy, the new chair of the Labor and Employment Law Section, said that her aim is to strengthen the section by gaining members and reorganizing. “Our goal is to expand our membership by reengaging some members who had been involved in the past and may have stepped away during the pandemic. We also want … Continued
In January, the New York State Bar Association’s House of Delegates and its Executive Committee approved the Report and Recommendations of the New York State Bar Association’s Task Force on Homelessness and the Law.[1] While the report described in detail the scope of this tragic situation and offered multiple policy recommendations that could result in … Continued
During and since the COVID-19 pandemic, employees have performed their jobs remotely to an extent never before seen. As a result, a controversy over whether employees can carry out their responsibilities as well from home as in the office or other work site has been simmering. Employers’ experiences with remote work to date certainly suggest … Continued