From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, 2024 University of Cincinnati College of Law
From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, Ellen Whitehair
University of Cincinnati Law Review
No abstract provided.
Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, 2024 University of South Dakota
Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak
Honors Thesis
In light of recent administrative developments urging the classification of student-athletes as employees, litigation challenging the current status of student-athletes, and the Supreme Court’s willingness to tackle National Collegiate Athletic Association (NCAA) issues, many questions surrounding the future of college sports under an employment model have emerged. The authors analyzed key litigation, recent developments from administrative agencies, and academic literature. Then publicly available data was used from the NCAA, the United States Department of Labor (DOL), and other sources to construct two estimates of what it would cost the NCAA member institutions to treat their Division I athletes as employees. …
Dentistry And The Law: Taking Records When Leaving A Practice, 2024 Kerr Russell
Dentistry And The Law: Taking Records When Leaving A Practice, Dan Schulte Jd
The Journal of the Michigan Dental Association
MDA Legal Counsel Dan Schulte advises on departing partner issues: without contracts, disputes arise regarding records, patient ownership, and practice buyout. Employment and shareholder agreements ensure orderly transitions and protect practice interests. Patient records legally belong to the practice, and transferring them without consent violates laws. Patients can request records, but fees apply. Schulte stresses the importance of agreements to avoid costly disputes and ensure continuity of care.
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, 2024 National Labor Relations Board
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Employee Rights and Employment Policy Journal
The National Labor Relations Act’s (NLRA) well-documented weaknesses in substance and enforcement, combined with legislators’ inability to adapt the Act to the modern economy, have understandably created many cynics in the field of labor law. For several decades, legal scholars have almost unanimously derided the NLRA and the agency which administers it, the National Labor Relations Board (NLRB), for failing to prevent rampant anti-union conduct by employers and the collapse of the union formation process through the Board’s election machinery. This “ossification” of the law, as it has come to be known, is considered to be a key contributor to …
Labor And Employment, 2024 Mercer University School of Law
Labor And Employment, W. Jonathan Martin Ii, Patricia-Anne Brownback
Mercer Law Review
This Article focuses on recent cases concerning federal labor and employment laws. The following is a discussion of those opinions.
Gaps In Our National Security: How The Lack Of Female Leadership Impacts Our Nation’S Success And Safety, 2024 Cleveland State University
Gaps In Our National Security: How The Lack Of Female Leadership Impacts Our Nation’S Success And Safety, Maggie Sullivan
Cleveland State Law Review
Gender inequality in the workplace is an ever-evolving discussion. One aspect of gender inequality that is frequently overlooked is the leadership gap—the lack of representation of women in the top positions of their respective careers. Research demonstrates that the leadership gap is particularly pronounced in the legal field. This Article analyzes the factors within the legal field that perpetuate the leadership gap and examines the unique, confounding qualities of careers in national security to illustrate an exacerbated problem of inequality for women lawyers in national security. The lack of adequate diversity in people working in—and leading—the national-security field has been …
The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, 2024 LMU Loyola Law School
The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, Libby Morehouse
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Reforming The Ministerial Exception, 2024 Villanova University Charles Widger School of Law
Reforming The Ministerial Exception, Paul E. Mcgreal
Villanova Law Review
No abstract provided.
Are Employee Noncompete Agreements Coercive? Why The Ftc's Wrong Answer Disqualifies It From Rulemaking (For Now), 2024 William & Mary Law School
Are Employee Noncompete Agreements Coercive? Why The Ftc's Wrong Answer Disqualifies It From Rulemaking (For Now), Alan J. Meese
Faculty Publications
The Federal Trade Commission recently proposed a rule banning nearly all employee noncompete agreements (“NCAs”) as unfair methods of competition under Section 5 of the Federal Trade Commission Act. The proposed rule reflects two complementary pillars of an aggressive new enforcement agenda championed by Commission Chair Lina Khan, a leading voice in the Neo-Brandeisian antitrust movement. First, such a rule depends on the assumption, rejected by most prior Commissions, that the Act empowers the Commission to issue legislative rules. Proceeding by rulemaking is essential, the Commission has said, to fight a “hyperconcentrated economy” that injures employees and consumers alike. Second, …
Vol. 40, 2024 Franczek
Vol. 40, Jenny Lee
The Illinois Public Employee Relations Report
Students for Fair Admissions: A New Standard for Race-Conscious Affirmative Action
By Jenny Lee
Labor Pains: The Inadequacies Of Current Federal Pregnancy Laws And The Alternative Routes To Accommodation, 2024 Mississippi College School of Law
Labor Pains: The Inadequacies Of Current Federal Pregnancy Laws And The Alternative Routes To Accommodation, Sara Alexander
Mississippi College Law Review
Although many women are able to work through their pregnancies without employer accommodations, some pregnant workers who require accommodations "are forced out of their jobs unnecessarily when minor adjustments would enable them to keep working." In 2003, a hardware assembler in Ohio was terminated after her doctor limited her weight-lifting to twenty pounds and ordered that she work no more than eight hours at a time. In 2009, a retail worker in Kansas was fired because she needed to keep a water bottle with her in order to stay hydrated and prevent bladder infections. In 2011, an activity director at …
The Work-Rule Doctrine Doesn't Work After Reeves V. Sanderson Plumbing Products, 2024 Mississippi College School of Law
The Work-Rule Doctrine Doesn't Work After Reeves V. Sanderson Plumbing Products, Grafton Bragg
Mississippi College Law Review
This Note is about an existing plague on employment-law jurisprudence in the Fifth Circuit. Small and big companies alike can terminate an employee for no discriminatory reason but then be tagged with a lawsuit that has a fair chance of success, just because the disgruntled former employee is willing to lie or the parties disagree over the facts. This is true even though no evidence of actual discrimination exists. The work-rule doctrine changes at-will employment to good-will employment under the guise of federal employment discrimination statutes. Whatever your position is on the longstanding at-will employment regimes, there can be no …
At-Will Employment And Healthcare: A Constant Conflict, 2024 Mississippi College School of Law
At-Will Employment And Healthcare: A Constant Conflict, Chris White
Mississippi College Law Review
Perfection is impossible. Perfection is essentially possible in the healthcare field, where adverse events are a part of the profession. For this reason, the government has developed systems that attempt to curb the inevitable issues that will arise; however, those systems do not always catch the shortcomings of healthcare-providing institutions. For this reason, the non-physician employees on the ground level, interacting with the patients on a daily basis, are often the best source of information when targeting and curing a healthcare organization’s shortfalls. Unfortunately, barriers exist that keep those non-physician employees from bringing to light what they have noticed.
The Promise And Perils Of Tech Whistleblowing, 2024 Texas A&M University School of Law
The Promise And Perils Of Tech Whistleblowing, Hannah Bloch-Wehba
Faculty Scholarship
Whistleblowers and leakers wield significant influence in technology law and policy. On topics ranging from cybersecurity to free speech, tech whistleblowers spur congressional hearings, motivate the introduction of legislation, and animate critical press coverage of tech firms. But while scholars and policymakers have long called for transparency and accountability in the tech sector, they have overlooked the significance of individual disclosures by industry insiders—workers, employees, and volunteers—who leak information that firms would prefer to keep private.
This Article offers an account of the rise and influence of tech whistleblowing. Radical information asymmetries pervade tech law and policy. Firms exercise near-complete …
Don’T Lose The Remote: An Employer’S Guide To Remote Employee And Trade Secret Retention Without Non-Competes, 2024 Mercer University School of Law
Don’T Lose The Remote: An Employer’S Guide To Remote Employee And Trade Secret Retention Without Non-Competes, Kayla Lya Pfeifer
Mercer Law Review
This Comment discusses potential employer solutions to the intersectional challenges of balancing trade secret protection and employee retention in a post-COVID-19 remote employment market. First, this Comment provides an overview of the FTC’s proposed rule to ban non-competes, as well as the political context and history behind the FTC’s enhanced focus on policing anti-competitive business behaviors. Additionally, this Comment explains the utility behind non-competes and contextualizes the ban’s potential effects through a legal survey of non-compete enforceability in the U.S. To illustrate the steep challenge of trade secret protection in the modern employment market, this Comment separately analyzes the rise …
Different Sides Of The Same Coin: How The Eleventh Circuit Deepened The Circuit Split For An Americans With Disabilities Act Failure-To-Accommodate Claim In Beasley V. O’Reilly Auto Parts, 2024 Mercer University School of Law
Different Sides Of The Same Coin: How The Eleventh Circuit Deepened The Circuit Split For An Americans With Disabilities Act Failure-To-Accommodate Claim In Beasley V. O’Reilly Auto Parts, Anna Carr Hanks
Mercer Law Review
Through its decision in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit deepened the split among the circuit courts nationwide by explicitly requiring an adverse employment action in failure-to-accommodate claims under Title I of the Americans with Disabilities Act. Through this opinion, the Eleventh Circuit joined the minority of circuits and suggested that the Supreme Court of the United States may soon need to revisit this issue to resolve the uncertainty stemming from this fundamental disagreement among the circuits.
Ask The Professor: How Has The Recent U.S. Supreme Court Opinion In Murray V. Ubs Securities Provided Much Needed Protection To Whistleblowers?, 2024 New York Law School
Ask The Professor: How Has The Recent U.S. Supreme Court Opinion In Murray V. Ubs Securities Provided Much Needed Protection To Whistleblowers?, Ronald Filler
Articles & Chapters
No abstract provided.
The Case For Waivable Employee Rights: A Contrarian View, 2024 Paul M. Hebert Law Center of Louisiana State University
The Case For Waivable Employee Rights: A Contrarian View, William R. Corbett
Buffalo Law Review
No abstract provided.
A Proposed Framework For A Federal Inevitable Disclosure Doctrine Under The Defend Trade Secrets Act, 2024 Opus College of Business, University of St. Thomas
A Proposed Framework For A Federal Inevitable Disclosure Doctrine Under The Defend Trade Secrets Act, Michael J. Garrison, Dawn R. Swink, John T. Wendt
Buffalo Law Review
No abstract provided.
Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, 2024 Sandra Day O'Connor College of Law, Arizona State University
Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, Lauren Krumholz
Washington Journal of Social & Environmental Justice
No abstract provided.