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Deconstructing Employment Contract Law, Rachel Arnow-Richman, J.H. Verkerke
Deconstructing Employment Contract Law, Rachel Arnow-Richman, J.H. Verkerke
UF Law Faculty Publications
Employment contract law is an antiquated, ill-fitting, incoherent mess. But no one seems inclined to fix this problem. Employment law scholars, skeptical of employees’ ability to bargain, tend to disregard contract law and advocate for just-cause and other legislative reform. And contracts scholars largely ignore employment cases—viewing them, with some justification, as part of a peculiar, specialized body of law wholly divorced from general contract jurisprudence. As a result of this undesirable employment law exceptionalism, courts lack the tools they need to resolve recurring, real-world disputes.
This article offers a new, comprehensive historical account that exposes the formalistic and anti …
How Reputational Nondisclosure Agreements Fails (Or, In Praise Of Breach), Mark Fenster
How Reputational Nondisclosure Agreements Fails (Or, In Praise Of Breach), Mark Fenster
UF Law Faculty Publications
Investigative reporters and the #MeToo movement exposed the widespread use of non-disclosure agreements intended to maintain confidentiality about one or both contracting parties’ embarrassing acts. These reputational NDAs (RNDAs) have been widely condemned and addressed in the past half-decade by legislators, activists, and academics. Their exposure, often via victims’ breaches, revealed a curious and distinct dilemma for the non-breaching party whose reputation is vulnerable to disclosure. In most contracts, non-breaching parties might choose to forgo enforcement because of the cost and uncertain success of litigation and the availability of other pathways to a satisfactory resolution. Parties to a RNDA, by …