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Full-Text Articles in Law

The Impacts Of Compulsory Prison Labor Ballot Initiatives On Pregnant & Postpartum Incarcerated Women Of Color, Candace Bond-Theriault Nov 2022

The Impacts Of Compulsory Prison Labor Ballot Initiatives On Pregnant & Postpartum Incarcerated Women Of Color, Candace Bond-Theriault

Center for Gender & Sexuality Law

The 13th Amendment to the United States Constitution purported to abolish the institution of slavery, but it created an exception for compulsory labor performed by people convicted of crimes. In November 2022, voters in Alabama, Vermont, Louisiana, Tennessee, and Oregon will be asked to vote on ballot initiatives that would strike language from their state constitutions that currently allows states to force incarcerated people to perform labor with minimal or no pay.1 This policy brief examines the legal language of these ballot initiatives and evaluates whether each measure, if approved by voters, will actually close the compulsory labor loophole. In …


The Employment Status Of The Twenty-First Century Ncaa Collegiate Athlete: An Evaluation Of The Fair Labor Standards Act And The National Labor Relations Act, Danielle L. Kennebrew Sep 2022

The Employment Status Of The Twenty-First Century Ncaa Collegiate Athlete: An Evaluation Of The Fair Labor Standards Act And The National Labor Relations Act, Danielle L. Kennebrew

DePaul Journal of Sports Law

Many individuals believe that the twenty-first century NCAA collegiate athlete should not be classified as an employee of their respective universities due to the longstanding tradition of amateurism governing collegiate athletics. However, such a proposition does not analysis the statutory test articulated by the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) when determining a worker’s employment statues. Upon review of the economic realities test utilized by the FLSA and the common-law agency test utilized by the NLRB, there are strong arguments for collegiate athletes holding employee status resulting from the compensation they receive in the …


Employment Law—Just Let Them Handle It Amongst Themselves: An Argument In Favor Of Abandoning The Application Of The Lynn's Food Stores Standard To Flsa Settlement Agreements, Matthew C. Lewis Jun 2022

Employment Law—Just Let Them Handle It Amongst Themselves: An Argument In Favor Of Abandoning The Application Of The Lynn's Food Stores Standard To Flsa Settlement Agreements, Matthew C. Lewis

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.