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Articles 1 - 23 of 23
Full-Text Articles in Law
Abortion, Citizenship, And The Right To Travel, Rebecca E. Zietlow
Abortion, Citizenship, And The Right To Travel, Rebecca E. Zietlow
Employee Rights and Employment Policy Journal
This article considers the changed landscape for abortion rights since the United States Supreme Court’s opinion in Dobbs v. Jackson Women’s Health. Before Dobbs, the right to choose an abortion was a fundamental right under federal law, enforceable against all state governments. After Dobbs, the scope of one’s right to choose an abortion depends on the state in which one lives, and if abortion is illegal in their home state, their right to travel to another state where abortion is legal. The right to travel is particularly important for workers who must live in an anti-abortion state because their …
Labor Law's Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch
Labor Law's Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch
Employee Rights and Employment Policy Journal
The Supreme Court’s Dobbs decision has left many workers, especially in states with restrictive abortion-related laws, in a precarious position. Labor laws and unions, however, provide one avenue for providing these workers with more protections. Unions can demand bargaining to protect or expand health care, leave, and other terms of employment that give workers with means to obtain abortion-related care. Unions can also provide members legal defense and other support if they face prosecutions. Additionally, both union and non-union workers who make up the vast majority of workers in states with restrictive laws may have labor law protection for discussing …
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Employee Rights and Employment Policy Journal
The National Labor Relations Act’s (NLRA) well-documented weaknesses in substance and enforcement, combined with legislators’ inability to adapt the Act to the modern economy, have understandably created many cynics in the field of labor law. For several decades, legal scholars have almost unanimously derided the NLRA and the agency which administers it, the National Labor Relations Board (NLRB), for failing to prevent rampant anti-union conduct by employers and the collapse of the union formation process through the Board’s election machinery. This “ossification” of the law, as it has come to be known, is considered to be a key contributor to …
Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody
Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody
All Faculty Scholarship
A Review of Dana Brakman Reiser and Steven A. Dean. Social Enterprise Law: Trust, Public Benefit, and Capital Markets. New York: Oxford University Press, 2017, 216 pp., $44.95 (hardback) ISBN 978-0-19-024978-6To appreciate the contribution of Professors Dana Brakman Reiser and Steven A. Dean in their pathbreaking volume on social enterprise law, we must begin by recognizing what we are not discussing. As the authors declare: “social enterprises are not charities” (p. 165). By definition, social enterprises are businesses, and thus not subject to the nondistribution constraint so familiar to nonprofit scholars and practitioners. An impact investor seeks profit, perhaps limited …
Distributive Justice And Donative Intent, Alexander Boni-Saenz
Distributive Justice And Donative Intent, Alexander Boni-Saenz
All Faculty Scholarship
The inheritance system is beset by formalism. Probate courts reject wills on technicalities and refuse to correct obvious drafting mistakes by testators. These doctrines lead to donative errors, or outcomes that are not in line with the decedent’s donative intent. While scholars and reformers have critiqued the intent-defeating effects of formalism in the past, none have examined the resulting distribution of donative errors and connected it to broader social and economic inequalities. Drawing on egalitarian theories of distributive justice, this Article develops a novel critique of formalism in the inheritance law context. The central normative claim is that formalistic wills …
Escaping Entity-Centrism In Financial Services Regulation, Anita Krug
Escaping Entity-Centrism In Financial Services Regulation, Anita Krug
All Faculty Scholarship
In the ongoing discussions about financial services regulation, one critically important topic has not been recognized, let alone addressed. That topic is what this Article calls the “entity-centrism” of financial services regulation. Laws and rules are entity-centric when they assume that a financial services firm is a stand-alone entity, operating separately from and independently of any other entity. They are entitycentric, therefore, when the specific requirements and obligations they comprise are addressed only to an abstract and solitary “firm,” with little or no contemplation of affiliates, parent companies, subsidiaries, or multi-entity enterprises. Regulatory entity-centrism is not an isolated phenomenon, as …
White Paper, The Emergence Of Knowledge Analysis: Change And Knowledge Management In Large Law Firms, Ronald W. Staudt
White Paper, The Emergence Of Knowledge Analysis: Change And Knowledge Management In Large Law Firms, Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
Private Fund Adviser Registration Act Hr-3818, Anita Krug
Private Fund Adviser Registration Act Hr-3818, Anita Krug
All Faculty Scholarship
This paper comments on the Obama administration's 2009 proposal for the regulation of hedge fund investment advisers.
Financial Regulatory Reform And Private Funds, Anita Krug
Financial Regulatory Reform And Private Funds, Anita Krug
All Faculty Scholarship
This white paper comments on the Obama administration's June 2009 proposal for the regulation of hedge fund investment advisers.
The Regulatory Response To Madoff, Anita Krug
The Regulatory Response To Madoff, Anita Krug
All Faculty Scholarship
This white paper evaluates investor protection mechanisms in the securities regulatory regime at the time the Madoff fraud was exposed. It considers whether the post-Madoff call for additional regulation of hedge funds and/or their managers - and/or their respective activities - was warranted.
The Hedge Fund Transparency Act Of 2009, Anita Krug
The Hedge Fund Transparency Act Of 2009, Anita Krug
All Faculty Scholarship
This white paper provides a review and critique of a bill introduced by Senators Charles Grassley (R-Iowa) and Carl Levin (D-Mich.) in the Senate in early 2009 that, if enacted, would have imposed certain registration and disclosure requirements on hedge funds and certain other private funds.
The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel
The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel
All Faculty Scholarship
This exploratory study examines employer attitudes towards people with disabilities in the labor market. Through in-depth, semi-structured interviews with senior management, human resources staff, directors of diversity, and hiring managers at four corporations, it pinpoints reasons why businesses chose to hire people with disabilities, investigates the perceived benefits and barriers to hiring people with disabilities, and identifies strategies for successfully hiring and retaining workers with disabilities. It fills a gap in examining the attitudes and decision-making processes of U.S. companies that have been leaders in hiring people with disabilities, as well as delving into the special issues of small businesses …
Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Ronald W. Staudt
Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
Just Measures: A Methodology For Assessing The Global Value Added Of Corporate Activities, Alexander A. Boni-Saenz, Chih-Hung Chang, Ajan Reginald, Ravi Kacker
Just Measures: A Methodology For Assessing The Global Value Added Of Corporate Activities, Alexander A. Boni-Saenz, Chih-Hung Chang, Ajan Reginald, Ravi Kacker
All Faculty Scholarship
This article accepts the premise of stakeholder theory, which asserts that corporations, like other human-run entities, have obligations to all parties affected by their actions. As such, corporations should be given suitable credit for projects that add value for these stakeholders, as well as held accountable for any damage done. To provide this credit and accountability, measurement is necessary. The methodology of measurement for corporate social value creation is in its infancy. Models are incomplete, measures are not validated, and methods used to estimate net value accumulated from different domains need improvement. This article builds on one model of global …
Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt
Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
The 1% Solution: American Judges Must Enter The Internet Age (With Henry H. Perritt, Jr.), Ronald W. Staudt
The 1% Solution: American Judges Must Enter The Internet Age (With Henry H. Perritt, Jr.), Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
The Limits Of Charity Fiduciary Law, Evelyn Brody
The Limits Of Charity Fiduciary Law, Evelyn Brody
Evelyn Brody
Trustees of charitable trusts and directors of nonprofit corporations operate under legal regimes designed for their for-profit cousins. In the absence of private beneficiaries or shareholders to look after their own interests, however, charity fiduciaries frequently escape accountability for their self-dealing and neglect or mismanagement. Few charities have members endowed with voting rights, and state attorneys general have limited resources to devote to monitoring the nonprofit sector. Similarly, at the federal level, the Internal Revenue Service is a tax collector, not a policing agency (although its new powers to tax excess benefits will undoubtedly draw it further into charity operations). …
Charitable Endowments And The Democratization Of Dynasty, Evelyn Brody
Charitable Endowments And The Democratization Of Dynasty, Evelyn Brody
Evelyn Brody
Charitable endowments and other passive investments exceed $425 billion. Why do many donors require that the principal of their contribution must be held in perpetuity, and that only the income may be used for charitable purposes? Why do most charity managers voluntarily accumulate operating surpluses, and reinvest a portion of real endowment income? This Article suggests that rather than looking at how charities use their endowment income, we should focus on what happens to the endowment principal. It appears that the taste for perpetual charitable endowments persists as the happy co-incidence of donors' desire for immortality for themselves and their …
Agents Without Principals: The Economic Convergence Of The Nonprofit And For-Profit Organizational Forms, Evelyn Brody
Agents Without Principals: The Economic Convergence Of The Nonprofit And For-Profit Organizational Forms, Evelyn Brody
Evelyn Brody
Are nonprofit organizations 'different' from firms with owners? The accepted economic account holds that nonprofits are more trustworthy than business firms because nonprofits cannot distribute profits to owners. However, all firms, nonprofit or proprietary, have converged into similar patterns of behavior. Firms, whether nonprofit or proprietary (or even public), are subject to many of the same economic forces, such as resource dependency, institutional isomorphism, and organizational slack. Even in the absence of shareholders somebody still has to run the enterprise: to decide what objectives to pursue, and how; to manage its financial and human resources; and to span the boundaries …
Institutional Dissonance In The Nonprofit Sector, Evelyn Brody
Institutional Dissonance In The Nonprofit Sector, Evelyn Brody
Evelyn Brody
Our political and economic system contains three seemingly distinct sectors: public, proprietary, and nonprofit. This division masks serious issues of who should provide welfare services, schooling and health care; who should build infrastructure; who should control private wealth. The nonprofit law takes a laissez faire approach to permissible nonprofit activities, leading many to lament the increasing 'commercialization' of the nonprofit sector. However, an examination of historical as well as current activities engaged in by firms in all three sectors reveals that the basis terms of the social debate are eternal, while institutions dominant at different times and in different places …
Law Office Automation Approaching The Millenium, Ronald W. Staudt
Law Office Automation Approaching The Millenium, Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
Where Have All The Computers Gone? Survey Checks Out Law Firm Usage (With R. Shiels), Ronald W. Staudt
Where Have All The Computers Gone? Survey Checks Out Law Firm Usage (With R. Shiels), Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
Legal Mindstorms: Lawyers, Computers And Powerful Ideas, Ronald W. Staudt
Legal Mindstorms: Lawyers, Computers And Powerful Ideas, Ronald W. Staudt
All Faculty Scholarship
No abstract provided.