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Articles 1 - 11 of 11
Full-Text Articles in Law
Unvested: How Equity And The Deferred Payment Gamble In Startups Shortchange Employees Targeted By Discrimination, Katie Black
Unvested: How Equity And The Deferred Payment Gamble In Startups Shortchange Employees Targeted By Discrimination, Katie Black
University of Miami Law Review
The new American Dream is not limited to Silicon Valley. Startups span the nation. They exist in a vast array of sizes and ideologies. Nonetheless, by their very nature, startups are boundary-pushing enterprises. For all the world-altering good they can do, sometimes, that crashing-into-walls mentality comes at the price of pushing human and legal boundaries as well. While the entity tries to grow and create, almost hydraulically using what little human and financial capital it may have to build the once-impossible, startup employees can be left to bear the cost when it is their boundaries that are broken. Discrimination is …
Deflategate Pumped Up: Analyzing The Second Circuit’S Decision And The Nfl Commissioner’S Authority, Josh Mandel
Deflategate Pumped Up: Analyzing The Second Circuit’S Decision And The Nfl Commissioner’S Authority, Josh Mandel
University of Miami Law Review
Deflategate was one of the most controversial scandals in NFL history, and while many became fascinated due to their love of football, Deflategate was ultimately rooted in law. NFL Commissioner Roger Goodell suspended Tom Brady, the legendary quarterback for the New England Patriots, for four games for engaging in “conduct detrimental to the integrity of and public confidence in the game of professional football.” More specifically, Goodell suspended Brady because he was generally aware of Patriots staff deflating footballs prior to the 2015 AFC Championship game, and because he failed to cooperate with the investigation into the deflated footballs.
Commissioner …
Workers’ Rights As Natural Human Rights, Anne Marie Lofaso
Workers’ Rights As Natural Human Rights, Anne Marie Lofaso
University of Miami Law Review
We live in an increasingly polarized world: one summed up by President Clinton, “we’re all in this together;” the other summed up by then-presidential candidate Trump, “I alone can fix it.” These world views have implications for workers and how the future workplace is ordered. In this Article, I explore the idea that a natural human rights approach to workplace regulations will tend to favor the we’re-all-in-this-together view, whereas the Lochnerian or neo-liberal view tends to favor an individualistic world view.
The Article’s six-step analytical approach starts with a historical analysis of labor law jurisprudence, concluding that U.S. labor laws …
One Of These Interns Is Not Like The Others: How The Eleventh Circuit Misapplied The “Tweaked Primary Beneficiary” Test To Required Clinical Internships, Samuel C. Goodman
One Of These Interns Is Not Like The Others: How The Eleventh Circuit Misapplied The “Tweaked Primary Beneficiary” Test To Required Clinical Internships, Samuel C. Goodman
University of Miami Law Review
Today’s ever-changing business environment continues to challenge the traditional educational model, further blurring the line between learning and labor. This has resulted in great uncertainty as to the proper legal treatment of the student intern, specifically the unpaid student intern.
This Note is intended to introduce a new perspective to the unpaid internship debate and highlight the need for courts to focus on the specific type of internship at issue before formulating an approach to best assess whether the intern should be classified as an employee entitled to wages. Part I of the Article will discuss the Fair Labor Standards …
Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware
Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware
University of Miami Law Review
No abstract provided.
In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher
In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher
University of Miami Law Review
No abstract provided.
Immigration, The Servant Problem, And The Legacy Of The Domestic Labor Debate: "Where Can You Find Good Help These Days!", Mary Romero
University of Miami Law Review
No abstract provided.
The First American Case Under The North American Agreement For Labor Cooperation, Sarah Lowe
The First American Case Under The North American Agreement For Labor Cooperation, Sarah Lowe
University of Miami Law Review
No abstract provided.
Reflections On Labor Law Scholarship And Its Discontents: The Reveries Of Monsieur Verog, Matthew W. Finkin
Reflections On Labor Law Scholarship And Its Discontents: The Reveries Of Monsieur Verog, Matthew W. Finkin
University of Miami Law Review
No abstract provided.
Partners As Employees Under The Federal Employment Discrimination Statutes: Are The Roles Of Partner And Employee Mutually Exclusive?, Troy D. Ferguson
Partners As Employees Under The Federal Employment Discrimination Statutes: Are The Roles Of Partner And Employee Mutually Exclusive?, Troy D. Ferguson
University of Miami Law Review
No abstract provided.
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
University of Miami Law Review
Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.