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Full-Text Articles in Law

Defining Genetic Information Under Gina, Shane Padilla Dec 2022

Defining Genetic Information Under Gina, Shane Padilla

Cleveland State Law Review

The Genetic Information Nondiscrimination Act (GINA) was enacted to prevent discrimination based on an employee’s genetic information. Although GINA undoubtedly provides employees protection from unjust genetic discrimination by employers, varying interpretations of what constitutes “genetic information” has raised legal uncertainties in how GINA is applied. Consequently, the genetic information of an employee’s family may be unduly placed at risk as a result of misinterpreting the statutory language and legislative intent of GINA. It is of the utmost importance that the definition of “genetic information” be construed with respect to the Act’s legislative history, which supports a broad interpretation and application …


Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann Jun 2022

Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann

University of Arkansas at Little Rock Law Review

No abstract provided.


The Motor Carrier Excuse, David M. Cole Mar 2022

The Motor Carrier Excuse, David M. Cole

University of Arkansas at Little Rock Law Review

No abstract provided.


'Freedom's Just Another Word For Nothin' Left To Lose': The Ongoing Struggle To Properly Regulate The Gig Economy In California, Francis J. Mootz Iii, Jeffrey Michael Jan 2022

'Freedom's Just Another Word For Nothin' Left To Lose': The Ongoing Struggle To Properly Regulate The Gig Economy In California, Francis J. Mootz Iii, Jeffrey Michael

McGeorge School of Law Scholarly Articles

No abstract provided.


How Can Federal Actors Compete On Noncompetes? Examining The Need For And Possibility Of Federal Action On Noncompetition Agreements, Robert Mcavoy Jan 2022

How Can Federal Actors Compete On Noncompetes? Examining The Need For And Possibility Of Federal Action On Noncompetition Agreements, Robert Mcavoy

Dickinson Law Review (2017-Present)

Employees have been frustrated by the restrictiveness of noncompete agreements and confused about their enforceability for decades. The added complication of choice-of-law provisions in employment contracts with noncompetes creates a sea of unpredictability for both employees and employers.

Each state applies its own policy to noncompete agreements. While every state treats noncompetes differently than typical contract provisions, a broad spectrum exists between the states that are friendly and those that are hostile to the enforcement of noncompetes. Employees and employers often fail to understand whether their noncompete is enforceable under the jurisdiction chosen by the contract, and courts override choice-of-law …