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Full-Text Articles in Law

Osha’S Covid-19 Vaccine Mandate: Why Justice Gorsuch’S Analysis Of The Mandate As An Elephant In A Mousehole Misses The Mark, Wyatt Rex Allred Jan 2023

Osha’S Covid-19 Vaccine Mandate: Why Justice Gorsuch’S Analysis Of The Mandate As An Elephant In A Mousehole Misses The Mark, Wyatt Rex Allred

BYU Law Review

Administrative law doctrines such as Chevron seek to strike a balance between adequate delegated power and sufficient checks on such power. The major questions doctrine reinforces the latter. Recent decisions finding major questions, however, have shown a departure from textualist principles, which formed the doctrine s foundation. Justice Gorsuch's opinion in NFIB v. OSHA is an example of this desertion of textualist principles and should thus be viewed as an improper application of the major questions doctrine. Rather than remodeling the major questions doctrine, textualist judges should acknowledge that this form of anti-textual analysis is nothing short of a revival …


Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson Oct 2022

Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson

BYU Law Review

No abstract provided.


Now And Again: Reappraising Disability Leave As An Accommodation, Ryan H. Nelson Aug 2021

Now And Again: Reappraising Disability Leave As An Accommodation, Ryan H. Nelson

BYU Law Review

No abstract provided.


Opt-In Arbitration: A Functional Alternative To The Fair Act, Garrett Meisman Aug 2021

Opt-In Arbitration: A Functional Alternative To The Fair Act, Garrett Meisman

BYU Law Review

No abstract provided.


Caught By The Cat’S Paw, Sandra F. Sperino Aug 2020

Caught By The Cat’S Paw, Sandra F. Sperino

BYU Law Review

Federal employment discrimination law is enamored with court-created doctrines with catchy names. A fairly recent addition to the canon is the concept of the “cat’s paw,” formally recognized by the U.S. Supreme Court in Staub v. Proctor Hospital. With its name … drawn from a fable, the concept of cat’s paw has taken ground quickly, discussed in hundreds of cases.

The Supreme Court recognized the cat’s paw theory in a case where a hospital fired a worker. The person who made the ultimate decision did not have impermissible bias. However, her decision was influenced by information from two supervisors who …


Reputation Systems Bias In The Platform Workplace, E. Gary Spitko Aug 2020

Reputation Systems Bias In The Platform Workplace, E. Gary Spitko

BYU Law Review

Online reputation systems enable the providers and consumers of a product or service to rate one another and allow others to rely upon those reputation scores in deciding whether to engage with a particular provider or consumer. Reputation systems are an intrinsic feature of the platform workplace, in which a platform operator, such as Uber or TaskRabbit, intermediates between the provider of a service and the consumer of that service. Operators typically rely upon consumer ratings of providers in rewarding and penalizing providers. Thus, these reputation systems allow an operator to achieve enormous scale while maintaining quality control and user …


Osha, The Opportunism Police, Jason R. Bent Feb 2020

Osha, The Opportunism Police, Jason R. Bent

BYU Law Review

No abstract provided.


Bias, Employment Discrimination, And Black Women's Hair: Another Way Forward, Crystal Powell Feb 2019

Bias, Employment Discrimination, And Black Women's Hair: Another Way Forward, Crystal Powell

BYU Law Review

No abstract provided.


A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins Jul 2017

A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins

BYU Law Review

Utah has become a hub for company growth and innovation, especially in an area known as the “Silicon Slopes.” Well-known companies, like Qualtrics, Adobe, and eBay, have offices along the Wasatch Front. With such newfound relevance in the business community, it may seem odd that Utah’s legislature recently passed the Post-Employment Restrictions Act, which some say threatens Utah’s position as a state where businesses thrive. The Act restricts non-compete agreements to periods not greater than one year and automatically penalizes, through attorney’s fees and costs, any employer who tries to enforce a non-compete agreement that a court later finds unenforceable …


No Good Deed Goes Unpunished: The Lack Of Protection For Volunteers Under Federal Anti-Discrimination Statutes, Lawrence D. Rosenthal Feb 2016

No Good Deed Goes Unpunished: The Lack Of Protection For Volunteers Under Federal Anti-Discrimination Statutes, Lawrence D. Rosenthal

BYU Law Review

No abstract provided.


Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch Feb 2016

Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch

BYU Law Review

The United States Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc., which brought for-profit corporations under the protection of the Religious Freedom Restoration Act, has been the subject of widespread support and criticism. Some have lauded the Hobby Lobby decision as an important step in protecting religious freedom. Others have derided it as an affront to the civil rights of corporate employees. This Article suggests a third perspective, namely, that Hobby Lobby harms, rather than helps, religious freedom. Both legally and politically, Hobby Lobby is likely to lead to a reduction in protection for religious individuals and entities …


Ideologically Oriented Enterprises Faced With The Reconfiguration Of Ethics And Spiritual Management, Louis-Léon Christians Apr 2014

Ideologically Oriented Enterprises Faced With The Reconfiguration Of Ethics And Spiritual Management, Louis-Léon Christians

BYU Law Review

No abstract provided.


Mobility Measures, Naomi Schoenbaum Nov 2012

Mobility Measures, Naomi Schoenbaum

BYU Law Review

Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …


From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley Nov 2012

From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley

BYU Law Review

No abstract provided.


Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada, Jessica Jones May 2012

Discouraging Voluntary Disclosure: Eeoc V. C.R. England And Confidentiality Under The Ada, Jessica Jones

BYU Law Review

No abstract provided.


Goldilocks And The Three-Judge Panel: Spencer V. World Vision, Inc. And The Religious Organization Exemption Of Title Vii, Brandon S. Boulter Mar 2011

Goldilocks And The Three-Judge Panel: Spencer V. World Vision, Inc. And The Religious Organization Exemption Of Title Vii, Brandon S. Boulter

BYU Law Review

No abstract provided.


Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson Mar 2010

Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson

BYU Law Review

No abstract provided.


Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith Mar 2010

Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith

BYU Law Review

No abstract provided.


Arbitration Awards In An Environment Of Compulsory Unionization: Is The High Degree Of Deference Warranted?, Nephi Hardman Nov 2009

Arbitration Awards In An Environment Of Compulsory Unionization: Is The High Degree Of Deference Warranted?, Nephi Hardman

BYU Law Review

No abstract provided.


Surfing The Next Wave Of Outsourcing: The Ethics Of Sending Domestic Legal Work To Foreign Countries Under New York City Opinion 2006-3, Keith Woffinden May 2007

Surfing The Next Wave Of Outsourcing: The Ethics Of Sending Domestic Legal Work To Foreign Countries Under New York City Opinion 2006-3, Keith Woffinden

BYU Law Review

No abstract provided.


Arbitration And State Action, Sarah Rudolph Cole Mar 2005

Arbitration And State Action, Sarah Rudolph Cole

BYU Law Review

No abstract provided.


Adams V. Florida Power Corp. And The Trend Of Lowering An Employer's Burden Of Proof To Rebut Age Discrimination Claims, Daniel K. Brough Sep 2003

Adams V. Florida Power Corp. And The Trend Of Lowering An Employer's Burden Of Proof To Rebut Age Discrimination Claims, Daniel K. Brough

BYU Law Review

No abstract provided.


The Uncertain Future Of Title Vii Class Actions After The Civil Rights Act Of 1991, Daniel F. Piar Mar 2001

The Uncertain Future Of Title Vii Class Actions After The Civil Rights Act Of 1991, Daniel F. Piar

BYU Law Review

No abstract provided.


Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton May 2000

Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton

BYU Law Review

No abstract provided.


Young V. Bayer Corp.: When Is Notice Of Sexual Harassment To An Employee Notice To The Employer?, Stanford Edward Purser May 1998

Young V. Bayer Corp.: When Is Notice Of Sexual Harassment To An Employee Notice To The Employer?, Stanford Edward Purser

BYU Law Review

No abstract provided.


A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole Sep 1997

A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole

BYU Law Review

No abstract provided.


Steinbach V. Hubbard: Somebody Call An Ambulance! The Fair Labor Standards Act And The Successor Liability Doctrine Have Been Seriously Injured!, Andrew P. Pickering Sep 1996

Steinbach V. Hubbard: Somebody Call An Ambulance! The Fair Labor Standards Act And The Successor Liability Doctrine Have Been Seriously Injured!, Andrew P. Pickering

BYU Law Review

No abstract provided.


Bureau Of Indian Affairs Hiring Preferences After Adarand Constructors, Inc. U. Pena, Wayne R. Farnsworth May 1996

Bureau Of Indian Affairs Hiring Preferences After Adarand Constructors, Inc. U. Pena, Wayne R. Farnsworth

BYU Law Review

No abstract provided.


The Religious Employer Exemption Under Title Vii: Should A Church Define Its Own Activities? Sep 1994

The Religious Employer Exemption Under Title Vii: Should A Church Define Its Own Activities?

BYU Law Review

No abstract provided.


Prison Labor Under State Direction: Do Inmates Have The Right To Flsa Coverage And Minimum Wage?, James K. Haslam May 1994

Prison Labor Under State Direction: Do Inmates Have The Right To Flsa Coverage And Minimum Wage?, James K. Haslam

BYU Law Review

No abstract provided.