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- Civil Rights; Title VII; Disparate Impact; Disparate Treatment (1)
- Labor Law; Employment Law; National Labor Relations Board; Anti-discrimination (1)
- Trade Secret; Trade Secret Law; Formalities; Formality; Litigation; Reasonable Measures; Uniformity; Predictability; Congress; UTSA; DTSA; Russia; Copyright; Copyright Law; Federal; Secrecy; Misappropriation; Business; Protection; Confidential; Regime; Model (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Last Rights: A Theory Of Individual Impact, Kenneth R. Davis
Last Rights: A Theory Of Individual Impact, Kenneth R. Davis
Brooklyn Law Review
Title VII recognizes both individual and group disparate treatment claims, which allege intentional discrimination. But Title VII recognizes only group claims for disparate impact. Conspicuously absent are claims for individual impact. The reason for the absence of an individual-disparate-impact claim is a problem of proof. To establish a Title VII claim, a plaintiff must prove that he or she lost a job opportunity was “because of” membership in a protected class. Showing that a single individual lost a job opportunity because of a test score, resume evaluation, or interview does not prove that any of these selection criteria unlawfully discriminated …
How The National Labor Relations Board Is Still Failing Marginalized Employees, Taylor Arluck
How The National Labor Relations Board Is Still Failing Marginalized Employees, Taylor Arluck
Brooklyn Law Review
The protection of employee labor rights to organize unions, collectively bargain with employers, and engage in protected concerted activity is the cornerstone of the National Labor Relations Act. And yet the National Labor Relations Board, which enforces it, often falls short. For decades, the NLRB has at times reinstated employees with backpay despite bigoted abusive conduct they engaged in during labor disputes with their employers. For example, the NLRB has reinstated with backpay employees on a picket line who have targeted marginalized coworkers with racial epithets because the employer hired the latter to end a strike. Historically, the NLRB sometimes …
Third Time’S The Charm: Remedying The Lack Of Uniformity And Predictability In Trade Secret Law, Matthew D. Kasner
Third Time’S The Charm: Remedying The Lack Of Uniformity And Predictability In Trade Secret Law, Matthew D. Kasner
Brooklyn Law Review
The current legal framework governing trade secrets in the United States lacks the uniformity and predictability necessary to protect businesses. As a result, trade secret litigation has been on the rise over the course of the last decade. Whilst remote work becomes more ubiquitous, even beyond the COVID-19 pandemic, litigation will continue to increase as businesses are forced to entrust confidential information with remote workers. This note examines the current US trade secret scheme, exposes the current framework’s deficiencies, and suggests a “trade secret formalities model” to make for a more organized and efficient doctrine of law. More specifically, this …