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Articles 183271 - 183300 of 193427
Full-Text Articles in Entire DC Network
Worker Debt And Worker Exit, Rachel Dempsey, David H. Seligman
Worker Debt And Worker Exit, Rachel Dempsey, David H. Seligman
University of Florida Journal of Law & Public Policy
One of the primary ways in which workers exercise power in the employment relationship is by leveraging competition among employers through the threat that they may go work for an employer that would pay them more or treat them better. Increasingly, employers have tried to undermine this core component of worker bargaining power through stay-or-pay contracts that charge workers penalties or threaten them with damages actions for leaving jobs before they have completed a prescribed term of employment. These contracts are intended and function to constrain worker mobility, suppress wages, and enable worker mistreatment. Through case studies of contemporary litigation …
Why We Need A National Absolute Noncompete Ban: Restrictive Covenants From Innovation, Antidiscrimination & Competition Policy Perspectives, Orly Lobel
University of Florida Journal of Law & Public Policy
Noncompete law stands at the intersection of competition, equality, innovation, and employment policy. While the Uniform Restrictive Employment Agreements Act (UREAA or the Act) is a positive step forward in curtailing the use of restrictive covenants, the Act is limited in its scope because it adopts a partial noncompete ban rather than a comprehensive ban. Because noncompetes harm not only workers by suppressing mobility and wages but also innovation, entrepreneurship, competition, equality, and market growth, enforcing noncompetes for higher-skilled workers can be particularly harmful from an economic policy perspective. The research on noncompetes—which has become robust in recent years—supports a …
Noncompete Law, The Uniform Act, And The Ftc Proposed Rule, Stewart J. Schwab
Noncompete Law, The Uniform Act, And The Ftc Proposed Rule, Stewart J. Schwab
University of Florida Journal of Law & Public Policy
This Article summarizes the Uniform Restrictive Employment Agreement Act and compares it to the proposed Federal Trade Commission rule that bans noncompete agreements. The Uniform Act regulates the whole family of restrictive employment agreements, including noncompetes but also confidentiality agreements, nonsolicitation agreements, no-recruit agreements, payment-for-competition agreements, and training-repayment agreements. By contrast, the FTC rule covers only noncompete agreements and their functional equivalents. Both the Uniform Act and the FTC rule cover all workers, including employees and independent contractors. While the FTC rule bans noncompetes for all workers, the Uniform Act bans agreements for low-wage workers (defined as those earning less …
Whose Lane Is It Anyway: Anticipating The Effects Of The Supreme Court's Major Question Doctrine On The Department Of Labor, Daniel Woodruff
Whose Lane Is It Anyway: Anticipating The Effects Of The Supreme Court's Major Question Doctrine On The Department Of Labor, Daniel Woodruff
University of Florida Journal of Law & Public Policy
The Major Question Doctrine has emerged as an apparently powerful new tool for courts when deciding issues involving federal agencies. In West Virginia v. EPA, the Supreme Court bolstered a major questions exception that had operated in the background of previous Court decisions, labeling it the Major Question Doctrine. Under the Major Question Doctrine, courts must ask if the question presented by an agency’s rule is an economically or politically significant question. If the court decides that it is, the court must identify clear congressional authorization for the rule to uphold the rule. This Note briefly follows the development …
Embracing Tax Avoidance, David Elkins
Embracing Tax Avoidance, David Elkins
University of Florida Journal of Law & Public Policy
Avoidance is a major theme in tax law jurisprudence. Congress, the Treasury, and the courts have developed numerous doctrines to deny beneficial treatment when the taxpayer’s principal purpose or presumed principal purpose was the avoidance of taxation. Each attempt to shut down tax avoidance then becomes the opening salvo in the next round of engagement as tax planners devise means of circumventing the restrictions and new rules are developed to counter the latest avoidance maneuvers. The thesis of this Article is that the incessant war on tax avoidance has prevented both academics and policymakers from appreciating the gifts that tax …
A Political Canary: An Empirical Study Of The Correlation Between Hatch Act Complaints And How The Electoral College Votes, Raimund P. Stieger
A Political Canary: An Empirical Study Of The Correlation Between Hatch Act Complaints And How The Electoral College Votes, Raimund P. Stieger
University of Florida Journal of Law & Public Policy
The American public witnesses hundreds, if not thousands, of violations of the Hatch Act—an administrative law designed to keep partisan politics out of Government—each year. This study aimed to determine whether there is a correlation between the number of Hatch Act complaints reported in the fiscal year leading up to a Presidential election and how divisive the political landscape is during that Presidential election. Political divisiveness was defined as how close the winning Presidential candidate was to receive fifty percent of the electoral college. To assess the theory that an increase in Hatch Act complaints is an early indicator of …
Why Didn't You Leave?: Resolving The Circuit Split On Admitting Battered Woman Syndrome Testimony For Duress Defenses, Dylan Uhrig
Why Didn't You Leave?: Resolving The Circuit Split On Admitting Battered Woman Syndrome Testimony For Duress Defenses, Dylan Uhrig
University of Florida Journal of Law & Public Policy
In 1979, Lenore Walker developed the theory of Battered Woman Syndrome. Walker’s theory provided a framework for understanding the rationales and actions of those trapped in abusive relationships. Since then, expert testimony on Battered Woman Syndrome has been held admissible in a number of contexts in the criminal justice system. Yet, the federal circuit courts are divided on the admissibility of expert testimony concerning Battered Woman Syndrome when used to support a duress defense. This Note provides a brief overview of the theory of Battered Woman Syndrome and its criticisms. This Note then discusses the decisions and reasoning constituting the …
The Florida Digital Bill Of Rights: Providing Expanded Consumer Protection In The Digital World, Veronika Balbuzanova
The Florida Digital Bill Of Rights: Providing Expanded Consumer Protection In The Digital World, Veronika Balbuzanova
University of Florida Journal of Law & Public Policy
The Florida Digital Bill of Rights comprises a statutory framework designed to regulate the use and collection of Florida consumers’ personal data in the digital world. This Article breaks down the components of the new statute and explores its preliminary successes and shortcomings, particularly from an enforcement perspective.
Making Beggars Out Of Victims: How Florida's Claim Bill System Leaves Claimants To Languish, Logan Grutchfield
Making Beggars Out Of Victims: How Florida's Claim Bill System Leaves Claimants To Languish, Logan Grutchfield
University of Florida Journal of Law & Public Policy
Within its waiver of state sovereign immunity, Florida requires plaintiffs who secure a judgment against the state, or one of its public entities, to seek legislative approval for payment of the judgment when it exceeds the statutory threshold. This Note explores the history of Florida’s waiver of sovereign immunity and the harm perpetuated by Florida’s claim bill system while also examining the unique features of Florida’s claim process. This Note then reviews other state approaches to sovereign immunity and recommends solutions for Florida’s claim system.
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 7, Iss. 2
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 7, Iss. 2
Cardozo International & Comparative Law Review
No abstract provided.
The Chinese Balloon Incident And Partisanism In International Law, Samuli Seppänen
The Chinese Balloon Incident And Partisanism In International Law, Samuli Seppänen
Cardozo International & Comparative Law Review
This Article discusses the implications of the February 2023 Chinese balloon incident for understanding Chinese foreign policy elites' approaches to international law. It argues that the Chinese balloon incident fits the perception of a globally ambitious and activist China. At the same time, the ethically ambiguous context offoreign surveillance flights problematizes the stark dichotomies between authoritarian and liberal approaches to international law. Chinese legal arguments in the Chinese balloon incident followed the Cold War-era playbook of diplomatic exchanges on unauthorized flights in foreign airspace. Moreover, the Chinese commentary on U.S. conduct in the Chinese balloon incident in some ways resembled …
Authoritarian International Law: An Unfinished Research Odyssey, Roda Mushkat
Authoritarian International Law: An Unfinished Research Odyssey, Roda Mushkat
Cardozo International & Comparative Law Review
The concept-rich international legal space has expanded in the past few years by incorporating the notion that there is a distinct form of internationalaw possessing authoritarian traits. This notion stands in contrast with the time-honored mainstream variant which is assumed to have liberal-democratic roots and dispositions. A product of the current decade, authoritarian international law has nevertheless left a palpable mark on international legal theory and is believed to have materially reshaped the international legal landscape. The primary aim of this Article is to summarize the achievements made in analyzing the dimensions of this new concept and its considerable practical …
Rulers, Victims, Educators, Or Partners? Judges' Perception Of Their Relationship With Lawyers, Boaz Shnoor, Eyal Katvan
Rulers, Victims, Educators, Or Partners? Judges' Perception Of Their Relationship With Lawyers, Boaz Shnoor, Eyal Katvan
Cardozo International & Comparative Law Review
Judges oftenface lawyer misbehavior in court. Such misbehavior, and the way judges address it, are pressing issues, which challenge all courts. However, the current literature on the legal profession and legal education lacks a systemic analysis of judges' perceptions of lawyers' behavior in their courtrooms, of the ways in which judges are influenced by lawyers' misbehavior, and of the ways in which they respond to it. This Article fills this gap by empirically analyzing judges' perceptions of lawyers' misbehavior, how it influences judges' work environments, the methods they use to cope with it, and the constraints they face in dealing …
Are Holocaust Denial Laws And Critical Race Theory Bans The Same?, Rob Kahn
Are Holocaust Denial Laws And Critical Race Theory Bans The Same?, Rob Kahn
Cardozo International & Comparative Law Review
Florida's education rules list Holocaust denial and critical race theory ("CRT") as "theories that distort the past." This is not a fair comparison. Holocaust denial laws and CRT bans are analytically distinguishable. Holocaust denial laws were originally intended to fight hate, and this is the only reason they might be legitimate today. By contrast, CRT bans, for all their well-meaning language aboutprotecting childrenfrom race-based accusations of guilt, intend to silence the past. Indeed, the CRT bans are uncannily similar to the laws used in Turkey to ban discussion of the Armenian Genocide in schools. While one might reject both sets …
Enhancing Fairness And Compassion In Military Disciplinary Proceedings, Rinat Kitai-Sangero
Enhancing Fairness And Compassion In Military Disciplinary Proceedings, Rinat Kitai-Sangero
Cardozo International & Comparative Law Review
This Article critically assesses the disciplinary proceedings carried out by judicial officers within the military, shedding light on the absence of crucial procedural guarantees, such as the right to legal representation and an impartial judge. After comparing the Israeli disciplinary proceedings with the Summary Court-Martial system in the United States and considering arguments used to justify the lack of procedural guarantees, the Article emphasizes the emotional distress experienced by soldiers who feel powerless due to power imbalances with their commanders and the severity ofprison sentences they may face. While the Article primarily focuses on the Israeli army, its main arguments …
Reuniting "Active" And "Direct" Participation: The International Criminal Court's Dph Divorce In Lubanga, Josef Danczuk
Reuniting "Active" And "Direct" Participation: The International Criminal Court's Dph Divorce In Lubanga, Josef Danczuk
Cardozo International & Comparative Law Review
Throughout treaty-making processes and turn-of-the-century international criminal tribunal decisions, scholars and judges alike determined that the terms "direct" and "active," when referring to participation in hostilities, were synonymous. However, the International Criminal Court ("ICC'), in interpreting the Rome Statute in the Lubanga case, determined that they were not, creating disparity between interpretations of the same terms within International Criminal Law ("ICL") and the Law of Armed Conflict ("LOAC"). Not only is the ICC's interpretation legally wrong, it is also practically unworkable and distorts the well-established doctrine of DPH as defined in LOAC. Lubanga may have broadened protectionfor child soldiers, but …
Constructing A Taxonomy Of Financial Consumer Protection Policy And Assessing The New Consumer Duty In The United Kingdom's Financial Sector, Iris H-Y Chiu, Wai-Yee Wan
Constructing A Taxonomy Of Financial Consumer Protection Policy And Assessing The New Consumer Duty In The United Kingdom's Financial Sector, Iris H-Y Chiu, Wai-Yee Wan
Cardozo International & Comparative Law Review
The article critically examines the UK's Consumer Duty, introduced by the Financial Conduct Authority (FCA), arguing that while it represents a significant step in financial consumer protection, it falls short in addressing welfare outcomes and distributive justice. The Duty focuses on consumer empowerment but neglects key aspects of consumer citizenship, such as access to essential financial services and guarantees of product quality. The article proposes a taxonomy of consumer protection levels to evaluate the Duty's effectiveness and advocates for a more robust framework that prioritizes financial inclusion and long-term consumer welfare.
One Size Does Fit All: A Quasi-Federal Solution To The Euro-Centric Structural Shortcomings Of The Icc, Anivesh Bharadwaj
One Size Does Fit All: A Quasi-Federal Solution To The Euro-Centric Structural Shortcomings Of The Icc, Anivesh Bharadwaj
Cardozo International & Comparative Law Review
The article critiques the International Criminal Court's (ICC) centralized structure in The Hague, arguing that it undermines transparency, accessibility, and legitimacy, particularly for victims and witnesses in remote regions. The author proposes a "quasi-federal" framework to decentralize the Court, enabling regional proceedings while maintaining a central Appeals Chamber and Presidency. This restructuring aims to address structural flaws, enhance deterrence, and improve justice delivery by bringing proceedings closer to affected communities.
Tennessee Student Fees Report 2023-24, Tennessee. Higher Education Commission.
Tennessee Student Fees Report 2023-24, Tennessee. Higher Education Commission.
Tennessee Student Fees Report
No abstract provided.
University Of Tennessee Southern, Student Participation And Success 2022-2023, Report Supplement To The Tennessee Higher Education Fact Book, Tennessee. Higher Education Commission.
University Of Tennessee Southern, Student Participation And Success 2022-2023, Report Supplement To The Tennessee Higher Education Fact Book, Tennessee. Higher Education Commission.
Higher Education Fact Book
No abstract provided.
Tennessee Education Lottery Scholarship Program 2024 Annual Report, Recipient Outcomes Through Fall 2023, Tennessee. Higher Education Commission.
Tennessee Education Lottery Scholarship Program 2024 Annual Report, Recipient Outcomes Through Fall 2023, Tennessee. Higher Education Commission.
Financial Aid Reports
No abstract provided.
Tennessee Higher Education Fact Book 2023-2024, Tennessee. Higher Education Commission.
Tennessee Higher Education Fact Book 2023-2024, Tennessee. Higher Education Commission.
Higher Education Fact Book
No abstract provided.
Tennessee Promise Annual Report 2024, Tennessee. Higher Education Commission.
Tennessee Promise Annual Report 2024, Tennessee. Higher Education Commission.
Financial Aid Reports
No abstract provided.
Articulation And Transfer In Tennessee Higher Education 2024 Report, Tennessee. Higher Education Commission.
Articulation And Transfer In Tennessee Higher Education 2024 Report, Tennessee. Higher Education Commission.
Academic Programs and Workforce Reports
No abstract provided.
Improving The Pipeline For Tennessee's Workforce, Academic Supply For Occupational Demand Report 2024, Tennessee. Higher Education Commission.
Improving The Pipeline For Tennessee's Workforce, Academic Supply For Occupational Demand Report 2024, Tennessee. Higher Education Commission.
Academic Programs and Workforce Reports
No abstract provided.
Chairs Of Excellence Annual Report 2024, Tennessee. Higher Education Commission.
Chairs Of Excellence Annual Report 2024, Tennessee. Higher Education Commission.
Academic Programs and Workforce Reports
No abstract provided.
Legislative Report, Calendar Year 2024, Tennessee. Department Of Safety & Homeland Security.
Legislative Report, Calendar Year 2024, Tennessee. Department Of Safety & Homeland Security.
Legislative Reports
No abstract provided.
Legislative Report, Calendar Year 2024, Tennessee. Department Of Safety & Homeland Security.
Legislative Report, Calendar Year 2024, Tennessee. Department Of Safety & Homeland Security.
Legislative Reports
No abstract provided.
Tennessee Highway Safety Office Tennessee Fy 2024-2026 Highway Safety Plan, Tennessee. Department Of Safety & Homeland Security.
Tennessee Highway Safety Office Tennessee Fy 2024-2026 Highway Safety Plan, Tennessee. Department Of Safety & Homeland Security.
Highway Safety Office
No abstract provided.
Dollars And Sense Newsletter - Winter 2024, Nova Southeastern University
Dollars And Sense Newsletter - Winter 2024, Nova Southeastern University
Dollars & Sense Newsletter
No abstract provided.