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Full-Text Articles in Law
The Quest For A New Generation Of Labor Chapter In The Ttip, Michele Faioli
The Quest For A New Generation Of Labor Chapter In The Ttip, Michele Faioli
Michele Faioli
The TTIP (Transatlantic Trade and Investment Partnership Agreement) may be key for the EU-US forthcoming vision of labor and industrial relations. More in general, it may be key for idea of a possible common Western labor legal system. The TTIP may be turned into a occasion to ground a new generation of labor chapters in investment/partnership treaties. In line with preliminary outputs, a practical proposal is introduced. This essay is also aimed at analyzing, under a critical legal approach, why, to what extent and how the TTIP labor chapter may be set up. By means of a de-constructive method in …
The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze
The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze
Adam Epstein
The purpose of this article is to fundamentally introduce the amnesty clause, a relatively new provision in the labor and employment law discussions involving sport. The expression amnesty clause or amnesty provision is found in the 2011 NBA CBA. To date, academic references to the amnesty clause within the sport genre are virtually non-existent. The amnesty clause provides NBA teams a tool to release players from their contracts if they feel that the player turned out to be a bad investment, regardless of the reason. Additionally, by releasing a player under an amnesty clause provision, the team exercising the clause …
Autonomia Collettiva E Concorrenza Nel Sistema Riformato Della Vendita Della Stampa Quotidiana E Periodica, Michele Faioli
Autonomia Collettiva E Concorrenza Nel Sistema Riformato Della Vendita Della Stampa Quotidiana E Periodica, Michele Faioli
Michele Faioli
This paper examines the relationship between collective autonomy and competition in the newspaper industry, particularly in the light of the revived trend towards liberalisation. The analysis considers the sale of newspapers and periodicals and the competing interests of the parties involved (vendors, distributors, and publishers). Emphasis is placed upon workers and on a more practical approach to the exercise of their right to organize.
Injured Workers, Workers’ Compensation, And Work: New Perspectives On The Workers' Compensation Debate In West Virginia, Emily A. Spieler
Injured Workers, Workers’ Compensation, And Work: New Perspectives On The Workers' Compensation Debate In West Virginia, Emily A. Spieler
Emily A. Spieler
No abstract provided.
Taxing Missy: Operation Gold And The 2012 Proposed Olympic Tax Elimination Act, Kathryn Kisska-Schulze, Adam Epstein
Taxing Missy: Operation Gold And The 2012 Proposed Olympic Tax Elimination Act, Kathryn Kisska-Schulze, Adam Epstein
Adam Epstein
The purpose of this article is to explore the legal and tax environment surrounding the August 1, 2012 bill referred to as the Olympic Tax Elimination Act (OTEA) which was introduced in the U.S. Senate to exempt from gross income the prize money earned by U.S. Olympians from the United States Olympic Committee (USOC) for earning a gold, silver or bronze medal. The OTEA came at a time when American economic growth has been stagnant, and income tax issues became a hotly contested political debate for the 2012 Presidential election. The article explores how tax issues have weaved their way …
Missouri Sports Law, Adam Epstein
Missouri Sports Law, Adam Epstein
Adam Epstein
The purpose of this paper is to present a brief perspective and overview on how individuals and teams associated with the state of Missouri have had an impact on sports law in general. This article synthesizes Missouri-related cases and decisions, demonstrating that the legal issues are quite broad and varied in this area of the law. Some represent significant state and federal sports law cases including those that have been initiated in or traveled through Missouri via the Eighth Circuit Court of Appeals.
Surveying Colorado Sports Law, Adam Epstein
Surveying Colorado Sports Law, Adam Epstein
Adam Epstein
The purpose of this article is to provide an overview and explore some of the major sports law cases that have emanated from within the four corners of the state of Colorado or maneuvered through Denver’s Tenth Circuit Court of Appeals. Colorado is a prime location for a wide range of cutting edge cases, decisions, discussions and events which have an impact on the relationship between sports and the law among the professional, amateur and recreational environments. Legal issues at Colorado-based educational institutions appear to have an affinity for and history of exposing and challenging the authority of NCAA policies.
Pre-Occupazione E In-Occupazione Giovanile. Risposte Del Diritto “Riflessivo” Al Mercato Del Lavoro, Michele Faioli
Pre-Occupazione E In-Occupazione Giovanile. Risposte Del Diritto “Riflessivo” Al Mercato Del Lavoro, Michele Faioli
Michele Faioli
The core idea of this essay is that strengthening social security system is key to making the duality of labor law, as it reflects the tension between law and markets, a positive force for reconciling demands for modernization with demands for decent work. This essay sets the stage for a larger-scale comparative project on the duality of labor law which arises from the functioning of labor law in relation to the application of the principle of decency at work.
Fondi Interprofessionali Per La Formazione Continua, Michele Faioli
Fondi Interprofessionali Per La Formazione Continua, Michele Faioli
Michele Faioli
No abstract provided.
Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.
Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
Abstract: At least ninety percent (90%) of American parents, mothers and fathers, say they are experiencing an acute shortage of time spent with family and an intense work-family conflict. This article provides a history and a theory that should inform our conceptualization of work-family regulation. It points to the neglected history of working-class social feminism. It shows how working-class social feminists at the beginning of the twentieth century advocated for “constructive feminism”—government support, by way of labor regulation, of what this article terms “multidimensionalism”—a life enriched by meaningful dimensions of work, family, civic participation, and culture. The Article extends this …
Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr.
Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
It is due time that we understood that regulating the family has been a longstanding goal of labor regulation. This article presents the trajectory of labor regulation as family regulation. It provides a history of the "decent standards" discourse pertaining to wage and hour regulation, and reveals its double meanings: to provide "decent work" and to promote "decent families. " It terms the goal of providing decent standards of work and wages as "productive decency" and the goals pertaining to family decency, proper gender norms, and sexual purity as "repressive decency. " It shows how labor regulation surprisingly began in …
Off-Balance: Obama And The Work-Family Agenda, Rona Kaufman Kitchen
Off-Balance: Obama And The Work-Family Agenda, Rona Kaufman Kitchen
Rona Kaufman Kitchen
During his bid for the Presidency, Barack Obama specifically identified work-family conflict as a key issue that would receive attention and reform if he became President. After entering the White House, President Obama continued to consistently articulate that work-family balance issues were a priority for America's families and for his administration. In May 2011, the President reaffirmed his dedication to the issues that face working parents, stating that his administration was, "striving to help mothers in the workplace by enforcing equal pay laws and addressing workplace flexibility as families balance the demands of work, child and elder care, and education." …
Go For The Gold By Utilizing The Olympics, Adam Epstein
Go For The Gold By Utilizing The Olympics, Adam Epstein
Adam Epstein
The purpose of this article is to demonstrate ways to incorporate legal issues related to the Olympic Games in the business law or legal environment course. This article provides a brief history of the legislation which has established the legal authority of the United States Olympic Committee (USOC), prominent cases, relevant laws and other legal issues that encompass the Olympic Games and their administration in the United States. Legal issues related to constitutional law, arbitration, jurisdiction, gender and disability discrimination, intellectual property, are also presented in a way in which the professor can use the Olympics as part of the …
Riforma Pensionistica Monti-Fornero, Michele Faioli
Riforma Pensionistica Monti-Fornero, Michele Faioli
Michele Faioli
No abstract provided.
Lavoro E Produttività Nell'economia Globale. La Contrattazione Collettiva Decentrata Dopo La Manovra Di Ferragosto 2011, Michele Faioli, Angelo Pandolfo
Lavoro E Produttività Nell'economia Globale. La Contrattazione Collettiva Decentrata Dopo La Manovra Di Ferragosto 2011, Michele Faioli, Angelo Pandolfo
Michele Faioli
No abstract provided.
Riforma Fiscale E Redditi Di Lavoro Dipendente: Per Una Fiscalità Volta Verso Il Nuovo Millennio, Michele Faioli
Riforma Fiscale E Redditi Di Lavoro Dipendente: Per Una Fiscalità Volta Verso Il Nuovo Millennio, Michele Faioli
Michele Faioli
No abstract provided.
Teaching Torts With Sports, Adam Epstein
Teaching Torts With Sports, Adam Epstein
Adam Epstein
The purpose of this paper is to offer a pedagogical road map for an alternative way to engage students when arriving at the torts portion of the business law or legal environment course. It is designed to encourage utilizing sports cases and sport-related videos when teaching torts which can be effective and energizing. My research demonstrates that the prominence of sports related tort cases and examples are much more apparent in the negligence and intentional tort categories than in products liability or strict liability. More specifically, an effective way to relate the concept of negligence in sports is in the …
An Exploration Of Interesting Clauses In Sports, Adam Epstein
An Exploration Of Interesting Clauses In Sports, Adam Epstein
Adam Epstein
The purpose of this article is to explore a broad spectrum of some of the more prominent and interesting contract clauses that have worked their way into the practice of law in the business of sport. Many of the examples utilized in this article reflect the fundamental principles of contract law generally. The article explores contract clauses (and in some cases terminations) related to prominent coaches including Jim O'Brien, Kelvin Sampson, Tom Crean and Bruce Pearl. Other clauses explored include baseball's now outdated reserve clause, termination for cause clauses, morals, force majeure, liquidated damages, hazardous activity, best efforts, best interests …
Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland
Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland
Adam Epstein
The purpose of the paper is to offer suggestions to engage your students when arriving at the ethics portion of your business law, legal environment, or sports law course. With due respect given to the classic theory of ethics, the paper offers ethical issues in the context of sport at all levels, including youth sport, interscholastic, intercollegiate, professional and the Olympic Games. Unique topics include sport-related fraud, the use of performance-enhancing drugs and technology, raging parents, running up the score, and whether the myriad of NCAA bylaws genuinely reflect and promote fundamental principles of amateurism, sportsmanship, and education.
Religion And Sports In The Undergraduate Classroom: A Surefire Way To Spark Student Interest, Adam Epstein
Religion And Sports In The Undergraduate Classroom: A Surefire Way To Spark Student Interest, Adam Epstein
Adam Epstein
The purpose of this pedagogical piece is to present an opportunity to discuss religion in the context of sports as a means of generating classroom discussion and prompting extra-curricular reading on topics pertaining to business law primarily at the undergraduate level. A discussion of religion and sports provides one avenue to pursue exploration of the free exercise and establishment clauses. Examples are provided in the intercollegiate, interscholastic and professional sport contexts. The article also provides a brief primer on the First Amendment generally, outlining some of the classic Supreme Court cases. The article then discusses a series of cases involving …
Multi-Level Marketing And Its Brethren: The Legal And Regulatory Environment In The Down Economy, Adam Epstein
Multi-Level Marketing And Its Brethren: The Legal And Regulatory Environment In The Down Economy, Adam Epstein
Adam Epstein
This article explores the legal and regulatory environment of multi-level marketing companies also known as MLM. Legal research is lacking in this area of business law though the regulatory environment involves a combination of federal and state laws including administrative agencies such as the FTC and SEC. In the current down economy, criminal enterprises such as Ponzi schemes have been exposed. MLMs are often compared to Ponzi and pyramid schemes and do share similarities. The article offers that personal responsibility is vital when determining whether to join any MLM in light of the volume of resources available on the internet.
Gambling And Collegiate Athletics, Adam Epstein, Bridget Niland
Gambling And Collegiate Athletics, Adam Epstein, Bridget Niland
Adam Epstein
The article discusses concerns involving intercollegiate sports gambling. It explores the National Collegiate Athletic Association (NCAA) rules known as Bylaws. The article also outlines and explores a history of notable college sports gambling incidents involving individuals and NCAA schools. The article also reviews relevant federal and state laws.
Sports Agent Litigation And The Regulatory Environment, Adam Epstein
Sports Agent Litigation And The Regulatory Environment, Adam Epstein
Adam Epstein
Some of the more important civil and criminal cases involving the litigious history of the sports agent business are discussed. The article provides the fundamentals of the regulatory environment in which sports agents (many of whom are lawyers) operate. While discussion of sports agency is not novel, the collection of major cases coupled with the current state of the regulatory/business environment provides the reader with a solid basis for future consideration or research. The appropriate state and federal laws are explored in detail. The role that the National Collegiate Athletic Association (NCAA) plays in “regulating” sports agents is also discussed.
Incorporating The Criminal Law In Sport Studies, Adam Epstein
Incorporating The Criminal Law In Sport Studies, Adam Epstein
Adam Epstein
The purpose of this article is to provide an outline for teaching the criminal law in a sport studies (or related) course. The article discusses the differences among various crimes and whether physical violence involves legitimate or illegitimate force during a sports contest. Even non-violent (white collar) crimes such as the incident at the University of Toledo demonstrate how the criminal law can weave its way into the legal environment of sport. The article also notes how crimes can be committed in all environments and at all levels: youth sport, recreational activities and leagues, amateur competition and in the professional …
Utilization Of The National Collegiate Athletic Association (Ncaa) Manual As A Teaching Tool, Adam Epstein
Utilization Of The National Collegiate Athletic Association (Ncaa) Manual As A Teaching Tool, Adam Epstein
Adam Epstein
This article provides instructors with some ideas as to how they can incorporate the Division I NCAA Manual into their own course without having to reinvent the wheel. Part I offers a brief history of the NCAA and provides the proper context for the particular provisions of the Manual. Part II focuses on the Manual itself, including discussions of principles and themes found within its borders, the connection of the Manual to traditional legal and sports law topics, and offers examples of some oversights and curious provisions for comic relief.
Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.
Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
Abstract: This Article seeks to enrich what we know about the establishment of the regulatory state. It focuses on women’s contribution to the rise of the American regulatory apparatus. By looking at historical sources and archival materials, this Article illustrates how women reformers were central to the development of the regulatory state and how they were guided by an ideology that called for government regulation to provide decent standards of living. Through the example of the establishment of the Women’s Bureau in the U.S. Department of Labor, the Article expands our understanding of the purposes of administrative bodies, and it …
Sales And Sports Law, Adam Epstein
Sales And Sports Law, Adam Epstein
Adam Epstein
The purpose of this article is to provide insight into the basics of the Uniform Commercial Code (UCC) and explore its application to sports law. Particular focus is on the sale of goods found in the UCC's Article 2. Whether a buyer and seller closes a deal for the sale of helmets, bats, balls, backboards, sports memorabilia, a new artificial surface for the outdoor field or to fulfill an order for a new set of game jerseys, the UCC applies to the sale if the parties to the sales contract failed to otherwise agree upon the specifics.
Whistleblowing And The Employee’S Obligations Under The Contract Of Employment: A Critique Of Nigeria’S Position, Ibrahim Sule
Whistleblowing And The Employee’S Obligations Under The Contract Of Employment: A Critique Of Nigeria’S Position, Ibrahim Sule
Ibrahim Sule
Whistle-blowing as an emerging phenomenon may be defined as “passing on information from a conviction that it should be passed on despite (not because of) the embarrassment it could cause to those implicated” . It has recently been broadly defined as “a culture that encourages the challenge of inappropriate behavior at all levels” , ranging from financial scandal, corruption or mismanagement to health and safety issues in the workplace. Whistleblowing is both “a risky business” and a helpful practice. It is a risky business because of the dangers, the detriment and threats awaiting an employee who reveals wrongdoing in the …
The Fundamentals Of Teaching Sports Law, Adam Epstein
The Fundamentals Of Teaching Sports Law, Adam Epstein
Adam Epstein
The article lays out the fundamentals of teaching a successful Sports Law course including the subject areas of Sports Agency, Sports Contracts, Sports Torts, Sports Crimes, Title IX Issues, Disabilities in Sports, the use of Performance Enhancing Drugs (PEDs), and so on.
Exploration Of Minimum Age Employment Policies In Professional Sports, Adam Epstein
Exploration Of Minimum Age Employment Policies In Professional Sports, Adam Epstein
Adam Epstein
The purpose of the paper is to explore the minimum age policies of the Big Four sports leagues in the United States (NBA, NFL, MLB and NHL), and discuss the history of their policies. Emphasis is given to the legal battles waged by Spencer Haywood (NBA) and Maurice Clarett (NFL). A discussion of other sports and their minimum age policies is presented as well. The study and history of relevant antitrust law is incorporated as well.