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Full-Text Articles in Law

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton Dec 2020

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton

Seattle Journal of Technology, Environmental & Innovation Law

With the rise of global temperatures, climatologists predict a corresponding increase in the frequency and severity of wildfires in the Pacific Northwest. Rising temperatures are expected to create drier conditions in forests, thereby creating environmental conditions more prone to forest fires. Wildfires have become a common enough occurrence in the Pacific Northwest that summers have become synonymous with smoky conditions, but the issue is not constrained to this region. Though the Pacific Northwest has recently acted as a harbinger of increasing wildfires, environmental scientists forecast an increase in fire risk throughout the Western United States. The predicted rise in forest ...


Alt-Labor And Employment Law: Symposium Introduction, Michael M. Oswalt, Cesar F. Rosado Marzan Sep 2020

Alt-Labor And Employment Law: Symposium Introduction, Michael M. Oswalt, Cesar F. Rosado Marzan

Chicago-Kent Law Review

No abstract provided.


Sustainable Alt-Labor, Catherine L. Fisk Sep 2020

Sustainable Alt-Labor, Catherine L. Fisk

Chicago-Kent Law Review

No abstract provided.


Interagency Merger Review In Labor Markets, Hiba Hafiz Sep 2020

Interagency Merger Review In Labor Markets, Hiba Hafiz

Chicago-Kent Law Review

No abstract provided.


Short Strikes, Michael M. Oswalt Sep 2020

Short Strikes, Michael M. Oswalt

Chicago-Kent Law Review

No abstract provided.


Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan Sep 2020

Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan

Chicago-Kent Law Review

No abstract provided.


Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan Sep 2020

Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan

Chicago-Kent Law Review

No abstract provided.


Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin Sep 2020

Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin

Chicago-Kent Law Review

No abstract provided.


College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada Sep 2020

College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada

Chicago-Kent Law Review

No abstract provided.


The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda Sep 2020

The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda

Chicago-Kent Law Review

No abstract provided.


Milking Outdated Laws: Alt-Labor As A Litigation Catalyst, Kati L. Griffith, Leslie C. Gates Sep 2020

Milking Outdated Laws: Alt-Labor As A Litigation Catalyst, Kati L. Griffith, Leslie C. Gates

Chicago-Kent Law Review

No abstract provided.


Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman Sep 2020

Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman

Chicago-Kent Law Review

No abstract provided.


On-Demand Drivers And The Right To Collective Bargaining: Why Seattle's Ordinance Does Not Violate Federal Antitrust Laws, Jacob Aleknavicius Sep 2020

On-Demand Drivers And The Right To Collective Bargaining: Why Seattle's Ordinance Does Not Violate Federal Antitrust Laws, Jacob Aleknavicius

Chicago-Kent Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review Sep 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Interagency Merger Review In Labor Markets, Hiba M. Hafiz Sep 2020

Interagency Merger Review In Labor Markets, Hiba M. Hafiz

Boston College Law School Faculty Papers

As empirical evidence of labor market concentration mounts, academics and policymakers advanced proposals to challenge or reverse its effects on workers’ wages and labor market options. Prominent among these is more aggressive review of the labor market effects of mergers by the Department of Justice (DOJ) and the Federal Trade Commission (FTC). This Essay argues for an alternative intervention: because placing exclusive jurisdiction over the labor market effects of mergers in the DOJ and FTC will be fundamentally limited for historical, doctrinal, institutional, and expertise-based reasons and as a matter of prophylactic policy, the National Labor Relations Board (“NLRB”) should ...


Recent Developments, Peyton Hildebrand Aug 2020

Recent Developments, Peyton Hildebrand

Arkansas Law Review

The Eighth Circuit upheld preliminary injunctive relief in favor of the plaintiffs who challenged Arkansas's anti-loitering law for violating their free speech rights. Though Arkansas claimed that it would not enforce the anti-loitering statute against "'polite' and 'courteous' beggars like [plaintiffs]," because the law's plain language applied to the plaintiffs' intended activities, they had an objectively reasonable fear of prosecution.' Thus, they had a constitutional injury as required for standing.


An Af(Fur)Mative Defense: Using Intellecutal Property As A Defense To Employment Discrimination In Mascot Hiring, Taylor Farr Aug 2020

An Af(Fur)Mative Defense: Using Intellecutal Property As A Defense To Employment Discrimination In Mascot Hiring, Taylor Farr

Arkansas Law Review

"Until a character becomes a personality, it cannot be believed. Without personality, the character may do funny or interesting things, but unless people are able to identify themselves with the character, its actions seem unreal. And without personality, a story cannot ring true to the audience." Walt Disney1 Mascots 2 are different animals. They bring some of our favorite characters from screens, packages, and comic book pages to life. Moreover, mascots serve a particularly important role on university campuses, offering a point of communal continuity3 amid inevitable organizational changes. Although university buildings, athletes, faculty, and staff will eventually change, a ...


Caremark And Esg, Perfect Together: A Practical Approach To Implementing An Integrated, Efficient, And Effective Caremark And Eesg Strategy, Leo E. Strine Jr., Kirby M. Smith, Reilly S. Steel Jul 2020

Caremark And Esg, Perfect Together: A Practical Approach To Implementing An Integrated, Efficient, And Effective Caremark And Eesg Strategy, Leo E. Strine Jr., Kirby M. Smith, Reilly S. Steel

Faculty Scholarship at Penn Law

With increased calls from investors, legislators, and academics for corporations to consider employee, environmental, social, and governance factors (“EESG”) when making decisions, boards and managers are struggling to situate EESG within their existing reporting and organizational structures. Building on an emerging literature connecting EESG with corporate compliance, this Essay argues that EESG is best understood as an extension of the board’s duty to implement and monitor a compliance program under Caremark. If a company decides to do more than the legal minimum, it will simultaneously satisfy legitimate demands for strong EESG programs and promote compliance with the law. Building ...


Privacy And Surveillance In The Workplace: Closing The Electronic Surveillance Gap, Christina Catenacci Jul 2020

Privacy And Surveillance In The Workplace: Closing The Electronic Surveillance Gap, Christina Catenacci

Electronic Thesis and Dissertation Repository

This dissertation argues that there is an electronic surveillance gap in the employment context in Canada, a gap that is best understood as an absence of appropriate legal provisions to regulate employers’ electronic surveillance of employees both inside and outside the workplace. This dissertation aims to identify and articulate principles and values that can be used to close the electronic surveillance gap in Canada and suggests that, through the synthesis of social theories of surveillance and privacy, together with analyses of privacy provisions and workplace privacy cases, a new and better workplace privacy regime can be designed. This dissertation uses ...


Using The Abc Test To Classify Workers: End Of The Platform-Based Business Model Or Status Quo Ante?, Robert Sprague Jul 2020

Using The Abc Test To Classify Workers: End Of The Platform-Based Business Model Or Status Quo Ante?, Robert Sprague

William & Mary Business Law Review

In light of California’s recent adoption of the ABC employee/ independent contractor classification test, this Article provides a comprehensive analysis of the ABC test’s application in the platformbased (gig) economy. After first reviewing the current state of precarious work arrangements, particularly through gig work, and reviewing more traditional classification tests (the common law control test, the economic realities test, and the IRS test) as well as more recent Market Platform legislation, this Article provides a thorough examination of the factors necessary to satisfy the three parts of the ABC test. Since there are almost no reported decisions applying ...


Janus And The Future Of Collective Bargaining: Rhetorically Predicting A First Amendment Right To Negotiation, Thomas J. Freeman, Aaron Mckain, Destynie J.L. Sewell Jul 2020

Janus And The Future Of Collective Bargaining: Rhetorically Predicting A First Amendment Right To Negotiation, Thomas J. Freeman, Aaron Mckain, Destynie J.L. Sewell

William & Mary Business Law Review

The importance of the U.S. Supreme Court ruling in Janus v. American Federation of State, County, and Municipal Employees has been widely recognized for its effect on reducing the power and influence of public unions. A close reading of the majority opinion provides a clue that compulsory collective bargaining itself may be settling into the court’s crosshairs. Collective bargaining is an important tool, by which labor can reduce the often-inherent power imbalance it has with ownership and management. Yet as this Article outlines, the interests of individual workers can often be at odds with those other workers workers ...


Revisiting The Automation Tax Debate In Light Of Covid-19 And Resulting Structural Unemployment, Vincent Ooi Jul 2020

Revisiting The Automation Tax Debate In Light Of Covid-19 And Resulting Structural Unemployment, Vincent Ooi

Research Collection School Of Law

As lockdowns ease around the globe and businesses reopen, the threat of jobs being automated by machines and workers being displaced as a result has significantly increased. Businesses must keep the number of workers on site to a minimum to comply with safe distancing measures. Under these constraints while social distancing remains the norm, automation might be the way forward for companies that still want to continue production while minimising human contact. The threat of a workforce being replaced by robots and automation, a threat that has already alarmed the labour movement, is heightened with Covid-19. There will be considerable ...


Vo. 37, No. 3, Jerry F. Marzullo, Joseph Weishampel, David Grady Jul 2020

Vo. 37, No. 3, Jerry F. Marzullo, Joseph Weishampel, David Grady

The Illinois Public Employee Relations Report

A Statement of Facts: The Reality of Public Safety Employee Pension Funds in the State of Illinois

Recent Developments


Perez V. City Of Roseville: Constitutional Protection For The Public Employee In Matters Pertaining To Sex, Allyson M. Mccain Jun 2020

Perez V. City Of Roseville: Constitutional Protection For The Public Employee In Matters Pertaining To Sex, Allyson M. Mccain

Golden Gate University Law Review

Section I of this Note summarizes both of the Ninth Circuit’s opinions in the Perez matter. Section II analyzes the need to prevent the government employer from intruding on its employees’ personal autonomy rights. Section III discusses why the court’s second opinion is problematic. Section IV demonstrates why the Ninth Circuit’s first opinion is an appropriate application of the law considering the facts of the case. Section V argues that the test furthered by the first Perez decision should be used as a standard going forward. Finally, Section VI illustrates how competing decisions in other circuits would ...


Repaving Route 128: How New Legislation In Massachusetts Impacts The Noncompete Debate, Michael G. Feblowitz Jun 2020

Repaving Route 128: How New Legislation In Massachusetts Impacts The Noncompete Debate, Michael G. Feblowitz

Boston College Law Review

On October 1, 2018, new law governing the use of employee noncompetition agreements went into effect in the Commonwealth of Massachusetts. The updated rules, a compromise between those seeking to increase worker mobility and those intent on preserving certain intellectual property protections, were the culmination of many years of legislative debate. Before the passage of the new measures, Massachusetts exemplified the type of state that tended to honor employee covenants not to compete. One scholar famously identified Massachusetts’s high enforcement of noncompetes as the primary cause of the Route 128 business district’s relative downfall compared to Silicon Valley ...


Maximizing #Metoo: Intersectionality And The Movement, Jamillah Bowman Williams Jun 2020

Maximizing #Metoo: Intersectionality And The Movement, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Although women of color experience high rates of harassment and assault, they have largely been left at the margins of the #MeToo movement, in terms of (1) the online conversation; (2) traditional social movement activity occurring offline; and (3) resulting legal activity. This article analyzes how race shapes experiences of harassment and how seemingly positive legal strides continue to fail women of color thirty years beyond Kimberlé Crenshaw’s initial framing of intersectionality theory. I discuss the weaknesses of the reform efforts and argue for more tailored strategies that take into account the ineffectiveness of our current Title VII framework ...


An End Run Around Employment Obstacles: Small Business Development Programs For Returning Citizens, Dylan Rogers Elliott Jun 2020

An End Run Around Employment Obstacles: Small Business Development Programs For Returning Citizens, Dylan Rogers Elliott

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Ride-Hailing Drivers As Autonomous Independent Contractors: Let Them Bargain!, Ronald C. Brown Jun 2020

Ride-Hailing Drivers As Autonomous Independent Contractors: Let Them Bargain!, Ronald C. Brown

Washington International Law Journal

“Autonomous” workers include most gig-platform drivers, like those working globally for Uber and Lyft, who are usually classified as independent contractors and are ineligible for labor protections and benefits. The “new economy” and its business model, with its fissurization and increased use of contingent and outsourced workers hired as independent contractors, provide employers flexibility and lower costs by shifting labor costs to the workers. Many of these workers operate more as employees rather than genuine independent contractors or self-employed entrepreneurs, causing lost employee labor benefits and costing the government billions of lost tax dollars. Legal attempts continue to classify these ...


Accommodating Absence: Medical Leave As An Ada Reasonable Accommodation, Sean P. Mulloy Jun 2020

Accommodating Absence: Medical Leave As An Ada Reasonable Accommodation, Sean P. Mulloy

Michigan Law Review

The Americans with Disabilities Act (ADA) is widely regarded as one of the most significant pieces of civil rights legislation in American history. Among its requirements, Title I of the ADA prohibits employers from discriminating against people with disabilities and requires that employers make reasonable accommodations for qualified individuals. Many questions about the scope of the reasonable-accommodation mandate remain, however, as federal circuit courts disagree over whether extended medical leave may be considered a reasonable accommodation and whether an employee on leave is a qualified individual. This Note argues that courts should presume finite unpaid medical leaves of absence are ...


Labor And Employment, W. Jonathan Martin Ii, Patricia-Anne Brownback Jun 2020

Labor And Employment, W. Jonathan Martin Ii, Patricia-Anne Brownback

Mercer Law Review

This Article focuses on case law concerning federal laws pertaining to labor and employment. The following is a discussion of those opinions.