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Articles 1 - 9 of 9
Full-Text Articles in Legal Writing and Research
Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps
Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps
ExpressO
This paper asks two questions connected by the fact that they both stem from the inherent incompleteness of employment contracts: in American law, how can the terms in employment handbooks be variable, but sometimes only within reasonable procedurally fair circumstances; and in English law, why doesn’t the implied term of mutual trust and confidence in employment contracts fall foul of the strict test for implication of terms into contract? This paper finds the answer to both questions in the doctrine of good faith. An analysis of good faith as a “comparative conversation” between academic and judicial debates in the US …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit
Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit
Nancy Levit
Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …
Foreword, Theodore J. St. Antoine
Foreword, Theodore J. St. Antoine
Other Publications
Specialists in any field have a vested interest in their mastery of the subject. Expertise, after all, is their stock in trade. Assaults on the conventional wisdom can be unnerving if not discrediting. In the pages that follow, such an experience awaits all conscientious readers with a labor background who dare to expose themselves to Professor Charles Morris's provocative, iconoclastic, and ultimately persuasive arguments. He insists that a half-century of American labor law thinking has gone astray in failing to recognize the duty of an employer to bargain with a labor union representing less than a majority of the firm's …
The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein
The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein
Adam Epstein
The article explores and the litigation history involving former Ohio State University running back Maurice Clarett and his challenge the the NFL draft-eligibility rule. Though Clarett was successful at the U.S. District Court level, the Second Circuit Court of Appeals ruled differently, thereby preventing Clarett from being eligible for the 2004 NFL draft. Though he was drafted the next year (2005), an exploration of the differences between the trial court (Hon. Schendlin) and the appellate court (J. Sotomayor) opinions is quite interesting and relevant in the context of both antitrust and labor law, particularly the mandatory subjects of a collective …
Book Review: Sports Law And Regulation: Cases, Materials, And Problems, Adam Epstein
Book Review: Sports Law And Regulation: Cases, Materials, And Problems, Adam Epstein
Adam Epstein
Review of the 2005 textbook authored by Matthew J. Mitten, Timothy Davis, Rodney K. Smith & Robert C. Berry. The four authors of this text all have credible status in the field of sports law as professors at the law school level, and the reader is reminded of their expertise throughout the book in numerous footnotes, notes and in other references. They present 12 chapters of a sport law smorgasbord in an interesting arrangement. The authors note that the book should be given multidisciplinary consideration among law students and upper-division undergraduate and graduate students. However, the authors provide that the …
Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein
Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein
Adam Epstein
A study of the history and importance of the 2005 Supreme Court decision that expanded Title IX to include a private right of action for individuals who reveal Title IX violations even though they themselves were not subject to sex discrimination. The case involved Roderick Jackson a high school coach from the Birmingham, Alabama area.
California Amusement Rides And Liability, Adam Epstein
California Amusement Rides And Liability, Adam Epstein
Adam Epstein
Discussion of the majority and minority California Supreme Court decision involving the unfortunate 2000 incident at Disneyland which resulted in the death of a woman on her honeymoon.
Title Ix Whistle-Blowing Is Protected, Adam Epstein
Title Ix Whistle-Blowing Is Protected, Adam Epstein
Adam Epstein
Discussion of the valiant efforts of high school basketball coach Roderick Jackson (Birmingham, Alabama) and his complaint over inferior facilities for his girls basketball team. His claim went all the way to the United States Supreme Court.