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. …
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
Kidfluencers: New Child Stars In Need Of Protection, 2024 University of Arkansas, Fayetteville
Kidfluencers: New Child Stars In Need Of Protection, Mikayla B. Jayroe
Arkansas Law Review
Despite the explosive growth of social media and various lobbying efforts, the legal system has fallen woefully behind in extending labor protections to children engaged in social media production. This Comment will offer a solution to the current gray area surrounding kidfluencers and the lack of protections they are afforded. First, this Comment will discuss the emergence and growth of the kidfluencer industry and explore the legal history of child labor laws in the United States, specifically evaluating protections historically provided to child actors. Second, this Comment will explain why posts by kidfluencers should be considered work, explore the harms …
An Unfair Method Of Rulemaking: An Application Of Constitutional Doctrines That Oppose The Ftc Rule Banning Non-Competition Agreements, 2024 University of Cincinnati College of Law
An Unfair Method Of Rulemaking: An Application Of Constitutional Doctrines That Oppose The Ftc Rule Banning Non-Competition Agreements, Jared Yaggie
University of Cincinnati Law Review
No abstract provided.
Obedience Restrictions On Public Employee, 2024 وزارة التربية والتعليم
Obedience Restrictions On Public Employee, فيصل الحوامدة
Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات
This research deals with the subject of obedience restrictions that can be applied on public employee and shows the concept of public employee, obedience and its verdict and importance. The concept of restrictions which control the employee's compliance for his employers in public administration is considered to be a legal responsibility within certain limits shown in this research in details:
In public jobs, employees have to comply their employers' orders in which employees should implement these orders without raising opposition. This research shows that compliance has certain limits in which employees should work within them .Compliance won't be obligatory if …
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, 2024 Brooklyn Law School
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam
Brooklyn Law Review
Historically, federal courts have used the “adverse employment action” test in Title VII disparate treatment, disparate impact, and retaliation cases to determine whether a plaintiff has suffered adequate harm. This note argues that this approach is fundamentally flawed. At the outset, the test is a judicial power grab with no support in the statutory language. What is more, it fails to uphold the plain policy purposes for Title VII by largely ignoring evidence of discriminatory acts in the workplace that Congress sought to prevent in passing the statute. Consequently, Title VII plaintiffs get the short end of the stick with …
Exploring Plaintiffs’ Law Careers Beyond Big Law, 2024 Yeshiva University, Cardozo School of Law
Exploring Plaintiffs’ Law Careers Beyond Big Law, Cardozo Latin American Law Student Association (Lalsa), Cardozo Labor And Employment Law Society
Flyers 2023-2024
No abstract provided.
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, 2024 West Virginia University College of Law
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: The Department of Defense (DOD) furloughed employee Stuart R. Harrow in 2013. Harrow timely challenged DOD’s decision before an administrative judge, who affirmed it. Harrow timely appealed the judge’s decision to the Merit System Protection Board (MSPB or “Board”), which could not act on the appeal for over five years because it lacked a quorum. On May 11, 2022, the MSPB issued a final order, affirming the judge’s decision. However, Harrow did not learn of the decision until August 30. Harrow promptly filed a petition to review the Board’s order with the Federal Circuit, which denied …
When Amazon Drivers Kill: Accidents, Agency Law, And The Contractor Economy, 2024 William & Mary Law School
When Amazon Drivers Kill: Accidents, Agency Law, And The Contractor Economy, Keith Cunningham-Parmeter
William & Mary Law Review
Amazon vans and Uber drivers frequently crash into other cars. Despite the many injuries and deaths that result from these accidents, Amazon and Uber deny responsibility for such claims because they categorize their drivers as “independent contractors.” But this contractor defense distorts the basic rules of agency law. Over a century ago, courts crafted agency standards that forced businesses to pay for the harms that their workers caused. Since that time, American firms have attempted to skirt this rule by labeling their workers as “contractors” rather than as “employees.” Aware of this age-old tactic to avoid liability, courts historically built …
Guarantees Of Payment Of Wages In Enterprise Contracts And Its Contemporary Applications In Accordance With The Enforced Legislation In Palestine, 2024 An-Najah National University, Nablus, Palestine
Guarantees Of Payment Of Wages In Enterprise Contracts And Its Contemporary Applications In Accordance With The Enforced Legislation In Palestine, Muayad K. Hattab Phd, Ashraf Muhammad Hussein Dr
UAEU Law Journal
remuneration under the contracting contract, and the mechanisms of enforcing the employer to implement his obligation to pay the remuneration, in light of the Palestinian legislative reality, which is still dependent upon the Mejella (Journal of Judicial Rules), as the Civil Law in force in Palestine. The study attempted to find a solution to the legislative shortcoming represented in the fact that the provisions of the Mejella devoid of a clear and explicit regulation of the provisions of the contracting contract and the responsibilities of the parties to that contract, especially with regard to obligating the employer …
Brief For Amicus Curiae Professor Edward A. Zelinsky In Support Of Appellants And Reversal, 2024 Benjamin N. Cardozo School of Law
Brief For Amicus Curiae Professor Edward A. Zelinsky In Support Of Appellants And Reversal, Edward A. Zelinsky
Amicus Briefs
DOL’s tie-breaking rule violates ERISA’s duty of loyalty under ERISA § 404(a)(1)(A). ERISA’s duty of loyalty requires ERISA-regulated trustees to invest plan resources for the “exclusive purpose of . . . providing” economic benefits to plan participants and their beneficiaries, “solely in the interest of the participants and beneficiaries.” The tie-breaking rule violates this stringent statutory duty of loyalty because it permits plan trustees investing plan resources to consider “collateral benefits,” i.e., the welfare of third parties or social goals. But ERISA‟s plain text does not permit this result. The words ““solely” and “exclusive purpose” in § 404(a)(1)(A) do not …
Constitutional Clash: Labor, Capital, And Democracy, 2024 Northwestern Pritzker School of Law
Constitutional Clash: Labor, Capital, And Democracy, Kate Andrias
Northwestern University Law Review
In the last few years, workers have engaged in organizing and strike activity at levels not seen in decades; state and local legislators have enacted innovative workplace and social welfare legislation; and the National Labor Relations Board has advanced ambitious new interpretations of its governing statute. Viewed collectively, these efforts—“labor’s” efforts for short—seek not only to redefine the contours of labor law. They also present an incipient challenge to our constitutional order. If realized, labor’s vision would extend democratic values, including freedom of speech and association, into the putatively private domain of the workplace. It would also support the Constitution’s …
A Haven For Traffickers: How The United States Provides A Legal Safe Haven For Businesses That Rely On Forced Labor In The International Supply Chain, 2024 Pepperdine University
A Haven For Traffickers: How The United States Provides A Legal Safe Haven For Businesses That Rely On Forced Labor In The International Supply Chain, Ramona Lampley
Pepperdine Law Review
Congress enacted the Trafficking Victims Protection Act (“TVPRA” or “Act”) in 2000, which, through its amendments, gives victims of human trafficking, including forced labor or slave labor, a private right of action against those who knowingly benefit from the abusive labor practices perpetrated on them. Even though slave labor, particularly child labor, is a perceived evil in the foreign supply chains of many domestic companies, courts appear uncomfortable with the some of the civil liability provisions of the TVPRA. This Article examines recent cases brought under the TVPRA, and how, in some cases, courts have eviscerated the private right of …
It's A Soft Shell Life For Me: The Case For Expanding Npdes Permitting To Include Causes Of Ocean Acidification, 2024 University of Maine School of Law
It's A Soft Shell Life For Me: The Case For Expanding Npdes Permitting To Include Causes Of Ocean Acidification, Natalie L. Nowatzke
Ocean and Coastal Law Journal
Ocean acidification, a lesser-known counterpart to climate change, is primarily caused by the ocean’s absorption of carbon dioxide from the atmosphere. This absorption, in turn, reduces the ocean’s pH, and has detrimental effects on the health of the entire ecosystem. This Comment examines the applicability of the “functional equivalent test,” coined by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, to the causes of ocean acidification. Using this test, this Comment proposes expanding NPDES permitting under the Clean Water Act to cover some landbased sources emitting carbon dioxide.
Labor Rights In The Anthropocene: The Effects Of Climate Change On Undocumented Farm Workers, 2024 Seattle University School of Law
Labor Rights In The Anthropocene: The Effects Of Climate Change On Undocumented Farm Workers, Sophia Anderson
Seattle Journal for Social Justice
No abstract provided.
Democracy, Universalism And Informal Employment: The Committee On Freedom Of Association And South Asia, 2024 National Law School of India University
Democracy, Universalism And Informal Employment: The Committee On Freedom Of Association And South Asia, Kamala Sankaran
Book Chapters
This chapter focuses on how the CFA has influenced democratic processes and trade union rights in South Asia, particularly in relation to the intersection between political and labour rights and the relationship between trade union rights and civil liberties. Ms Sankaran illustrates this relationship by referring to a number of cases in the region in which emergency regulations have impacted on the daily exercise of trade union rights, with reference to the guidance provided by the CFA in this respect. She also recalls the large numbers of workers in the informal economy in the region, who are restricted in the …
Dentistry And The Law: Know The Facts About Noncompete And Liquidated Damages Agreements, 2024 Kerr Webber
Dentistry And The Law: Know The Facts About Noncompete And Liquidated Damages Agreements, Daniel Schulte Jd
The Journal of the Michigan Dental Association
Navigating dental employment agreements involves understanding the enforceability of non-compete and liquidated damages provisions. While these aim to protect the employer's business, courts may scrutinize their reasonability. In Michigan, noncompete terms of two years or less are generally deemed reasonable, and the restricted area must align with the patient base. A $15,000 liquidated damages amount per patient might face challenges, as it should relate reasonably to actual damages. Courts may also consider equitable factors and the employer's adherence to the agreement. Both employers and employees benefit from reasonable restrictions, avoiding potential legal disputes.
Staff Matters: Are There Risks To Using Ai In Our Practice?, 2024 HRM Services
Staff Matters: Are There Risks To Using Ai In Our Practice?, Jodi Schafer Sphr, Shrm-Scp
The Journal of the Michigan Dental Association
As your practice adopts AI for hiring processes, it brings efficiency but also potential pitfalls. The increasing use of AI, such as ChatGPT, streamlines tasks like resume screening, but caution is essential. Recent executive orders emphasize safety assessments and civil rights in AI. The Equal Employment Opportunity Commission focuses on transparency and consent in recruitment AI use. Legal compliance is vital to prevent discrimination; criteria like education and experience must be applied consistently. Additionally, employee monitoring AI requires careful implementation, ensuring transparency and human oversight. While AI offers benefits, its workplace integration demands careful consideration, testing, and ongoing evaluation.
Shareholder Primacy Versus Shareholder Accountability, 2024 Seattle University School of Law
Shareholder Primacy Versus Shareholder Accountability, William W. Bratton
Seattle University Law Review
When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance (“ESG”) principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter—a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory’s central tenet, shareholder primacy. Shareholder primacy builds …
Public Primacy In Corporate Law, 2024 Seattle University School of Law
Public Primacy In Corporate Law, Dorothy S. Lund
Seattle University Law Review
This Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and …