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Beyond The Sail: The Eleventh Circuit's Thomas Decision And Its Ineffectual Impact On The Life, Work, And Legal Realities Of The Cruise Industry's Foreign Employees, Justin Samuel Wales Jul 2011

Beyond The Sail: The Eleventh Circuit's Thomas Decision And Its Ineffectual Impact On The Life, Work, And Legal Realities Of The Cruise Industry's Foreign Employees, Justin Samuel Wales

University of Miami Law Review

No abstract provided.


Supreme Court Without A Clue: 14 Penn Plaza Llc V. Pyett And The System Of Collective Action And Collective Bargaining Established By The National Labor Relations Act, Kenneth M. Casebeer Jul 2011

Supreme Court Without A Clue: 14 Penn Plaza Llc V. Pyett And The System Of Collective Action And Collective Bargaining Established By The National Labor Relations Act, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.


Investing In Work: Wilkes As An Employment Law Case, Deborah A. Demott Jan 2011

Investing In Work: Wilkes As An Employment Law Case, Deborah A. Demott

Faculty Scholarship

This Article begins by introducing the doctrine of employment at-will and its contemporary operation, and applying the doctrine to the facts in Wilkes. The point of the exercise is making clear the impact of Wilkes from the standpoint of employment law. The Article next turns to scholarship examining the at-will rule as a default rule and the circumstances under which a default rule may become sticky. Against this background, the Article concludes by reexamining the holding in Wilkes along with subsequent developments in Massachusetts and other jurisdictions. These include the implications of buy-sell and comparable provisions in shareholder agreements. In …