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Articles 1 - 9 of 9
Full-Text Articles in Jurisprudence
Exclusion Of The Press: Herald Company Inc. V. Weisenberg, N.Y. Supreme Court Appellate Division -- First Department
Exclusion Of The Press: Herald Company Inc. V. Weisenberg, N.Y. Supreme Court Appellate Division -- First Department
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Unemployment Compensation: Lola A. Lind V. Employment Security Division, Department Of Labor, State Of Alaska - Supreme Court Of Alaska - March 14, 1980, Supreme Court Of Alaska
Unemployment Compensation: Lola A. Lind V. Employment Security Division, Department Of Labor, State Of Alaska - Supreme Court Of Alaska - March 14, 1980, Supreme Court Of Alaska
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Turning Back The Clock: The California Supreme Court's Decision In Mcclung V. Employment Development Department And The Difficulty Of Determining Legislative Intent In Retroactive Rulemaking , Jeffrey R. Groendal
Turning Back The Clock: The California Supreme Court's Decision In Mcclung V. Employment Development Department And The Difficulty Of Determining Legislative Intent In Retroactive Rulemaking , Jeffrey R. Groendal
Journal of the National Association of Administrative Law Judiciary
Against the backdrop of McClung, this note will explore the principle of retroactivity, tracing its development at the national level in the U.S. Supreme Court and at the state level with respect to California courts. Part II of this note addresses the history and development of jurisprudence on retroactivity, focusing on the traditional roles of the Judicial and Legislative Branches and the major cases of both the U.S. Supreme Court and California courts on retroactivity. Part III sets out the facts of McClung. Part IV analyzes and critiques the court's opinions in McClung, with a separate analysis of the history …
Muko And Conex: The Third Circuit Responds To Connell , Robert A. King, Melvin L. Moser
Muko And Conex: The Third Circuit Responds To Connell , Robert A. King, Melvin L. Moser
Pepperdine Law Review
The authors discuss the application of federal antitrust laws to organized labor. The article, written for practitioners, defines the elements necessary to obtain a recovery in labor antitrust actions. The authors analyze the standard of review, burden of proof and the elements which the unions must show in order to be exempted from antitrust law. The focal point of the article is the comparison between the Supreme Court's most recent discussion of the labor exemption in Connell Construction Co. v. Plumbers & Steamfitters Local Union 100 and the Third Circuit's application of that exemption in Larry V. Muko v. Southwestern …
Saint Francis College V. Al-Khazraji: Cosmetic Surgery Or A Fresh Breadth For Section 1981? , Barbara A. Bayliss
Saint Francis College V. Al-Khazraji: Cosmetic Surgery Or A Fresh Breadth For Section 1981? , Barbara A. Bayliss
Pepperdine Law Review
No abstract provided.
National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover
National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover
Pepperdine Law Review
No abstract provided.
Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert John Araujo
Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert John Araujo
Pepperdine Law Review
No abstract provided.
Will Eeoc V. Waffle House, Inc. Signal The Beginning Of The End For Mandatory Arbitration Agreements In The Employment Context? , Marc A. Altenbernt
Will Eeoc V. Waffle House, Inc. Signal The Beginning Of The End For Mandatory Arbitration Agreements In The Employment Context? , Marc A. Altenbernt
Pepperdine Dispute Resolution Law Journal
Since the inception of several employment and discrimination statutes, arbitration has grown exponentially as an alternative for the adjudication of employment disputes. The Supreme Court has traditionally held that statutory claims are indeed arbitrable pursuant to a valid arbitration agreement under the Federal Arbitration Act ("FAA"). In an effort to end employment discrimination based on "race, color, religion, sex, or national origin," Congress enacted the Civil Rights Act of 1964 ("Title VII"). In order to adequately effect this calling, the Equal Employment Opportunity Commission ("EEOC") was created as the Act's primary enforcement mechanism. While arbitration agreements under the FAA and …
Compulsory Pre-Dispute Arbitration Clauses In The Employment Context After Eeoc V. Luce, Forward, Hamilton & Scripps , Maria Wusinich
Compulsory Pre-Dispute Arbitration Clauses In The Employment Context After Eeoc V. Luce, Forward, Hamilton & Scripps , Maria Wusinich
Pepperdine Dispute Resolution Law Journal
In EEOC v. Luce, Forward, Hamilton & Scripps, decided in 2003, the Ninth Circuit Court of Appeals aligned its view with its sister circuits and with the Supreme Court regarding the enforceability of arbitration agreements in employment discrimination cases. The court held that an employee's agreement to arbitrate a claim arising under federal anti-discrimination law is enforceable. At first glance, it would appear that as far as the judicial branch is concerned, the longstanding issue of the validity of mandatory arbitration agreements in the employment context is now settled. This article, in contrast, posits that the courts will be …