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Full-Text Articles in Law
From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, Ellen Whitehair
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.
The Pioneers, Waves, And Random Walks Of Securities Law In The Supreme Court, Elizabeth Pollman
The Pioneers, Waves, And Random Walks Of Securities Law In The Supreme Court, Elizabeth Pollman
Seattle University Law Review
After the pioneers, waves, and random walks that have animated the history of securities laws in the U.S. Supreme Court, we might now be on the precipice of a new chapter. Pritchard and Thompson’s superb book, A History of Securities Law in the Supreme Court, illuminates with rich archival detail how the Court’s view of the securities laws and the SEC have changed over time and how individuals have influenced this history. The book provides an invaluable resource for understanding nearly a century’s worth of Supreme Court jurisprudence in the area of securities law and much needed context for …
Three Stories: A Comment On Pritchard & Thompson’S A History Of Securities Laws In The Supreme Court, Harwell Wells
Three Stories: A Comment On Pritchard & Thompson’S A History Of Securities Laws In The Supreme Court, Harwell Wells
Seattle University Law Review
Adam Pritchard and Robert Thompson’s A History of Securities Laws in the Supreme Court should stand for decades as the definitive work on the Federal securities laws’ career in the Supreme Court across the twentieth century.1 Like all good histories, it both tells a story and makes an argument. The story recounts how the Court dealt with the major securities laws, as well the agency charged with enforcing them, the Securities and Exchange Commission (SEC), and the rules it promulgated, from the 1930s into the twenty-first century. But the book does not just string together a series of events, “one …
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Seattle University Law Review
The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …
Purchasing Population Growth, Edward W. De Barbieri
Purchasing Population Growth, Edward W. De Barbieri
Indiana Law Journal
State and local lawmakers compete to attract new populations of workers to purchase homes, grow the tax base, and develop local economies. Even before the pandemic, lawmakers used a variety of tax incentives and other legal levers to attract new residents. Increasingly, in some cases bolstered by the Coronavirus Aid, Relief, and Economic Security (CARES) Act funds, local governments are attracting high-paid, well-skilled, remote workers with cash gifts and other direct economic benefits.
Although cash incentives for remote workers have been increasing in popularity, they remain unproven with respect to intended outcomes and have yet to face legal challenge. The …
Ministerial Employees And Discrimination Without Remedy, Charlotte Garden
Ministerial Employees And Discrimination Without Remedy, Charlotte Garden
Indiana Law Journal
The Supreme Court first addressed the ministerial exemption in a 2012 case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. The ministerial exemption is a defense that religious employers can invoke in discrimination cases brought by employees who qualify as “ministerial,” and it is rooted in the First Amendment principle that government cannot interfere in a church’s choice of minister. However, Hosanna-Tabor did not set out a test to determine which employees are covered by this exemption, and the decision was susceptible to a reading that the category was narrow. In 2020, the Court again took up the ministerial exemption, …
Compelled Disclosure And The Workplace Rights It Enables, Catherine Fisk
Compelled Disclosure And The Workplace Rights It Enables, Catherine Fisk
Indiana Law Journal
Worker and consumer protection laws often rely on the regulated entity to notify workers or consumers of their legal rights because it is effective and efficient to provide information at the time and place where it is most likely to be useful. Until the Supreme Court ruled in NIFLA v. Becerra in 2018 that a California law regulating crisis pregnancy centers was an unconstitutional speaker-based, contentdiscriminatory regulation of speech, mandatory disclosure laws were constitutionally uncontroversial economic regulation. Yet, the day after striking down a disclosure law in NIFLA, the Court in Janus v. AFSCME Council 31 expanded the right of …
“I Was Just A Kid”: Addressing The Collateral Consequences Of A Juvenile Record On Employment, Lauren Wray
“I Was Just A Kid”: Addressing The Collateral Consequences Of A Juvenile Record On Employment, Lauren Wray
Touro Law Review
There is a common myth that juvenile records are confidential, when in fact only nine states fully prohibit public access to juvenile records. Landlords, employers, and educators in a majority of states may ask questions about a juvenile’s record. Studies have shown that employers are less likely to hire an applicant who has a juvenile delinquency, and that many employers may not be able to differentiate between a juvenile and adult record. This Note reviews the intersectional flaws of the New York juvenile justice system and the New York labor laws. Specifically, it evaluates policies New York has implemented with …
The Supreme Court’S Worst Decision In Recent Years – Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.
The Supreme Court’S Worst Decision In Recent Years – Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.
Mitchell Hamline Law Review
No abstract provided.
State Of The Unions: The Impact Of Janus On Public University Student Fees, Jonathan Kaufman
State Of The Unions: The Impact Of Janus On Public University Student Fees, Jonathan Kaufman
Georgia Law Review
In Janus v. American Federation of State, County,
and Municipal Employees, Council 31, the U.S.
Supreme Court overruled forty-one years of precedent
that had allowed public-sector unions to collect
agency-shop fees from nonmembers. The Court ruled this
mandatory fee collection unconstitutional as a violation
of nonmember First Amendment rights. This decision
may pose problems for other public entities, such as
public universities, who also collect mandatory fees that
support political speech.
Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner
Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner
Indiana Law Journal
As discussed herein, courts and individual judges recognizing or not finding actionable Title VII anti-LGBTQ14 claims have offered different rationales in support of their conflicting positions, including three justifications discussed in this project: (1) the meaning of Title VII’s “because of sex” prohibition, (2) the Supreme Court’s and circuit courts’ construction of the “because of sex” provision in the context of sex stereotyping and gender nonconformity discrimination as applied to the anti- LGBTQ question, and (3) associational discrimination theory. Claim-recognizing jurists have looked to Title VII’s text, Supreme Court and circuit court precedent, and the views of the Equal Employment …
Due Process Supreme Court Appellate Division Third Department
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Legislatively Overturning Fort Stewart Schools: The Trump Administration's Assault On Federal Employee Collective Bargaining, Richard J. Hirn
Legislatively Overturning Fort Stewart Schools: The Trump Administration's Assault On Federal Employee Collective Bargaining, Richard J. Hirn
Indiana Law Journal
In his Fiscal Year 2019 Budget Submission, President Trump noted that about 60 percent of Federal employees belong to a union and lamented that dealing with Federal employee unions ostensibly “consume[s] considerable management time and taxpayer resources, and may negatively impact efficiency, effectiveness, cost of operations, and employee accountability and performance.” Although he acknowledged that Federal employee unions can negotiate over fewer matters than can unions in the private sector, he nonetheless claimed that collective bargaining contracts can negatively impact agency performance, workplace productivity, and employee satisfaction. The President told Congress that “[a]gency managers will be encouraged to restore management …
Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich
Arbitration Law Review
No abstract provided.
Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer
Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer
University of Richmond Law Review
Part I of this comment provides an overview of prevailing agency and judicial interpretations of unpaid internships. Part II describes recent internship litigation and the trend towards courts abandoning the Wage and Hour Division's six-factor test in favor of a more expansive primary beneficiary test. Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships. The Wage and Hour Division's six-factor test lacks the "force of law" and should not warrant un- due judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc." …
Protecting Common Law Rights Of The Unionized Worker: Demystifying Section 301 Preemption, Phillip Closius
Protecting Common Law Rights Of The Unionized Worker: Demystifying Section 301 Preemption, Phillip Closius
University of Baltimore Law Review
Employers are frequently subject to employee lawsuits alleging a tort. Non-unionized employees may seek damages for such conduct by their employers in state court. Unionized employees, however, face the risk that employers will seek to transfer the case to a federal district court in an attempt to immunize tort liability by claiming the complaint is preempted by § 301 of the Labor Management Relations Act of 1947 (LMRA). Although § 301 remains essentially unchanged from the date of its adoption, judicial confusion over the scope of its preemptive effect frequently has broadened an employer’s ability to defeat state tort claims …
Politics At Work After Citizens United, Ruben J. Garcia
Politics At Work After Citizens United, Ruben J. Garcia
Loyola of Los Angeles Law Review
There are seismic changes going on in the political system. The United States Supreme Court has constitutionalized the concentration of political power in the “one percent” in several recent decisions, including Citizens United v. FEC. At the same time, unions are representing a shrinking share of the workforce, and their political power is also being diminished. In order for unions to recalibrate the balance of political power at all, they must collaborate with grassroots community groups, as they have done in several recent campaigns. There are, however, various legal structures that make coordination between unions and nonunion groups difficult, …
Diy Solutions To The Hobby Lobby Problem, Kristin Haule
Diy Solutions To The Hobby Lobby Problem, Kristin Haule
Loyola of Los Angeles Law Review
No abstract provided.
Discrimination Cases In The October 2004 Term, Eileen M. Kaufman
Discrimination Cases In The October 2004 Term, Eileen M. Kaufman
Touro Law Review
No abstract provided.
The Supreme Court’S Heightened Retaliation Standard In Nassar: A Prudent Limitation Or A Misguided Restriction To Title Vii Claims?, Darren Stakey
The Supreme Court’S Heightened Retaliation Standard In Nassar: A Prudent Limitation Or A Misguided Restriction To Title Vii Claims?, Darren Stakey
Touro Law Review
No abstract provided.
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
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, Eileen Kaufman
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, Leon Friedman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Touro Law Review
No abstract provided.
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Pepperdine Law Review
No abstract provided.
Silenced Citizens: The Post-Garcetti Landscape For Public Sector Employees Working In National Security, Jamie Sasser
Silenced Citizens: The Post-Garcetti Landscape For Public Sector Employees Working In National Security, Jamie Sasser
University of Richmond Law Review
No abstract provided.