Operation Arbitration: Privatizing Medical Malpractice Claims, 2014 Benjamin N. Cardozo School of Law
Operation Arbitration: Privatizing Medical Malpractice Claims, Myriam E. Gilles
Articles
Binding arbitration is generally less available in tort suits than in contract suits because most tort plaintiffs do not have a pre-dispute contract with the defendant, and are unlikely to consent to arbitration after the occurrence of an unforeseen injury. But the Federal Arbitration Act applies to all "contract[s] evincing a transaction involving commerce, " including contracts for healthcare and medical services. Given the broad trend towards arbitration in nearly every other business-to-consumer industry, coupled with some rollbacks in tort reform measures that have traditionally favored medical professionals in the judicial system, it is very possible that we may witness …
"Horton And The Who": Determining Who Is Affected By The Emerging Statutory Battle Between The Faa And Federal Labor Law, 2014 University of Missouri School of Law
"Horton And The Who": Determining Who Is Affected By The Emerging Statutory Battle Between The Faa And Federal Labor Law, James R. Montgomery
Journal of Dispute Resolution
In the early 20th century, social changes brought about a system designed to protect employees. As part of the American system of labor laws, workers are given certain rights to proceed collectively, to "band together," and to proceed as a unit. Labor laws were first enacted in the United States during a period of Supreme Court jurisprudence that granted a broad array of powers to corporations, in the form of "liberty of contract." Justice Holmes dissented in Lochner v. New York, and planted a seed in his opinion that would later go on to support the idea behind federal labor …
An Emerging Liability: Managing Flsa Exposure From Internship Programs In The Private Sector, 2014 Mercer University School of Law
An Emerging Liability: Managing Flsa Exposure From Internship Programs In The Private Sector, Chris J. Perniciaro
Mercer Law Review
According to the Wage and Hour Division (WHD) of the Department of Labor (DOL), unpaid internships in private for-profit businesses are illegal under the Fair Labor Standards Act (FLSA or the Act) except for very narrow circumstances. Consistent with the WHD's position, civil litigation against employers providing unpaid internships has significantly increased via the private right of action contained in the statute. Over twenty lawsuits have been filed by unpaid interns alleging violations of federal and state minimum wage laws. A major force behind these new lawsuits is Glatt v. Fox Searchlight Pictures Inc., a June 2013 decision from …
Employment Arbitration At The Crossroads: An Assessment And Call For Action, 2014 University of Missouri School of Law
Employment Arbitration At The Crossroads: An Assessment And Call For Action, Stephen L. Hayford, Jamie Darin Prenkert, Anjanette H. Raymond
Journal of Dispute Resolution
Arbitration agreements must be on equal footing with all types of contracts. This stark reality demands that the various stakeholders in the arbitration community converge in the interest of designing and institutionalizing arbitration mechanics and processes that, as a start, exceed the minimum requirements to avoid arguments of substantive unconscionability and, more broadly, provide the fair, just, and accountable alternative dispute resolution system the FAA and the U.S. Supreme Court have indicated it can be. This paper seeks to guide this next stage of the debate by first reviewing the doctrinal developments over the past thirty years that led to …
Restoring Our Children's Future: Ending Disparate School Discipline Through Restorative Justice Practices, 2014 University of Missouri School of Law
Restoring Our Children's Future: Ending Disparate School Discipline Through Restorative Justice Practices, Kaeanna Wood
Journal of Dispute Resolution
This note opens the discussion on disparate school discipline with a case harboring egregious facts, then goes on to explore the history of zero-tolerance policies as the primary method of school discipline, federal civil rights laws prohibiting discrimination based on race in school discipline, and the rise of restorative practices as a means of school discipline. In conclusion, this note argues that in implementing restorative justice practices as an alternative dispute resolution method, schools can end a pattern of disproportionately disciplining African American and Hispanic students and create an environment that fosters success for all children.
Employment Discrimination, 2014 Mercer University School of Law
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Mercer Law Review
Following a relatively quiet and uneventful 2012 survey period, the United States Supreme Court stepped up its activity significantly in the area of employment discrimination during the 2013 survey period. The Supreme Court handed down several significant rulings. In University of Texas Southwestern Medical Center v. Nassar, the Court established a "but-for" rule of causation for purposes of Title VII retaliation cases. In Vance v. Ball State University, the Supreme Court determined the parameters of who qualifies as a "supervisor" for purposes of establishing vicarious liability in workplace harassment actions under Title VII.
At the circuit level, the …
Labor And Employment, 2014 Mercer University School of Law
Labor And Employment, Brooks Allan Suttle, Kandis Wood Jackson
Mercer Law Review
There were a number of important decisions in the labor and employment law arena handed down by courts within the Eleventh Circuit during the January 1, 2013 to December 31, 2013 survey period. The following is a discussion of the most significant of those opinions.
Breastfeeding And A New Type Of Employment Law, 2014 The Catholic University of America, Columbus School of Law
Breastfeeding And A New Type Of Employment Law, Marcy Karin, Robin Runge
Catholic University Law Review
No abstract provided.
Preserving The Sanctity Of Collective Bargaining: The Compensability Of Travel Time Following Flsa Section 203(O) Donning And Doffing Activity, 2014 The Catholic University of America, Columbus School of Law
Preserving The Sanctity Of Collective Bargaining: The Compensability Of Travel Time Following Flsa Section 203(O) Donning And Doffing Activity, Nicholas Hart
Catholic University Law Review
No abstract provided.
Abuse Of Rights: The Continental Drug And The Common Law, 2014 Boston University School of Law
Abuse Of Rights: The Continental Drug And The Common Law, Anna Di Robilant
Faculty Scholarship
This article explores a crucial, though often neglected, episode in the history of modern private law: the nineteenth and early twentieth century debate over the concept of “abuse of rights”. In broad terms, the formula evokes the idea of an abusive, because malicious or unreasonable, exercise of an otherwise lawful right. The doctrine was applied in a variety of subfields of private law: property, contract, and labour law. It was conceived as a response to the urgent legal questions posed by the rise of modern industrial society: the limits of workers’ right to strike, the limits of industrial enterprises’ property …
Same Sex Marriage In A Post-Perry And Windsor America, 2014 University of Kentucky College of Law
Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing
Law Faculty Scholarly Articles
These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.
Caregivers File Suit Against Kindred Healthcare And Affiliates For Wage And Hour Violations, 2014 Golden Gate University School of Law
Caregivers File Suit Against Kindred Healthcare And Affiliates For Wage And Hour Violations, Golden Gate University School Of Law
Press Releases
Today, the Legal Aid Society-Employment Law Center (LAS-ELC) and the Women’s Employment Rights Clinic of Golden Gate University School of Law along with the law firm of Lewis, Feinberg, Lee, Renaker & Jackson, P.C., filed a class action lawsuit on behalf of in-home and facility caregivers in the California Superior Court, Alameda County against Kindred Healthcare, Inc. and affiliated companies Professional Healthcare at Home, LLC and NP Plus, LLC, alleging failure to pay minimum wage and overtime and various meal and rest period violations, among other claims.
Nlrb And Social Media, 2014 University of Wyoming
Nlrb And Social Media, Robert Sprague
Robert Sprague
Focus: (1) when do employee social media posts constitute concerted activities protected under Section 7 of the National Labor Relations Act?; and (2) when do employers' social media policies restrict protected concerted activities?
Federalism And Business Decisions In The October 2005 Term, 2014 Touro University Jacob D. Fuchsberg Law Center
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, 2014 Touro Law Center
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, 2014 Touro University Jacob D. Fuchsberg Law Center
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Touro Law Review
No abstract provided.
Migrant Workers' Access To Justice At Home: Nepal, 2014 University of Pennsylvania Carey Law School
Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum
All Faculty Scholarship
Nepal’s citizens engage in foreign employment at the highest per capita rate of any other country in Asia, and their remittances account for 25 percent of the country’s GDP. The Middle East is now the most popular destination for Nepalis--nearly 700,000 were working in the Middle East in 2011 on temporary labor contracts. For some Nepalis, working abroad provides much-needed household wealth. For others, their contributions to Nepal come at great personal cost. Migrant workers in the Gulf, for example, routinely report wage theft, lack of time off and unsafe and unhealthy working conditions. Some migrant workers report psychological and …
Title Vii At Fifty Years: A Symposium, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Title Vii At Fifty Years: A Symposium, Ann C. Mcginley
Nevada Law Journal
No abstract provided.
The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner
Nevada Law Journal
No abstract provided.
Defying "Common Sense?": The Legitimacy Of Applying Title Vii To Employer Criminal Records Policies, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Defying "Common Sense?": The Legitimacy Of Applying Title Vii To Employer Criminal Records Policies, Tammy R. Pettinato
Nevada Law Journal
No abstract provided.