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Full-Text Articles in Law

The Saga Of Scabby: How A Giant Inflatable Rat Helped Define Free Speech In Organized Labor, Adam Kosmicki Oct 2022

The Saga Of Scabby: How A Giant Inflatable Rat Helped Define Free Speech In Organized Labor, Adam Kosmicki

SLU Law Journal Online

A large, grotesque, inflatable rat has become a symbol of organized labor, a target of controversy, and a defining icon for unions' rights under the First Amendment. In this article, Adam Kosmicki explores the implications for free speech and the protection of "neutral" parties following the NLRB's decision regarding Scabby in Int'l Union of Operating Engineers Local 150.


Myles Away From Perfect: The Potential Impact On Nil Deals Following Lsu Quarterback’S Retirement, Brian Ahle Oct 2022

Myles Away From Perfect: The Potential Impact On Nil Deals Following Lsu Quarterback’S Retirement, Brian Ahle

SLU Law Journal Online

Just prior to the 2022 College Football Season, Louisiana State University Quarterback Myles Brennan decided to abruptly retire from football. Despite the unexpected finish to his career, Brennan is still going to likely retain all of the money he received in endorsements that were paid through the newly approved “NIL” deals available to collegiate athletes, as a result of a stipulation that these deals cannot be “performance-based”. In this article, Brian Ahle evaluates the potential ways in which endorsers may be able to protect their investments, while still complying with the NIL Policies that provide protections towards the athletes.


Chambers V. District Of Columbia And The Future Of Title Vii, Andrew Melzer, Alok Nadig, Lindsay Marum Dec 2021

Chambers V. District Of Columbia And The Future Of Title Vii, Andrew Melzer, Alok Nadig, Lindsay Marum

SLU Law Journal Online

Can blatant workplace discrimination escape the grasp of Title VII? In Chambers v. District of Columbia, the D.C. Circuit is considering whether to revisit a rule that employment discrimination must result in “objectively tangible harm” to give rise to a Title VII claim. In this article, the authors argue that the D.C. Circuit should stay true to the language and purpose of Title VII and adopt a standard similar to the simple “treated less well” test used under the NYC Human Rights Law.


Esg Investing: May Erisa Plan Fiduciaries Consider Environmental, Social, And Governance Factors When Making Investment Decisions?, Morgan Fox Nov 2021

Esg Investing: May Erisa Plan Fiduciaries Consider Environmental, Social, And Governance Factors When Making Investment Decisions?, Morgan Fox

SLU Law Journal Online

ERISA fiduciaries have long sought guidance from the DOL as to whether environmental, social, and governance (ESG) factors may be considered in their investment decision-making. In 2020, the DOL issued a final rule requiring ERISA fiduciaries to consider solely pecuniary factors. In this article, Morgan Fox discusses a recently proposed rule under the new Administration that eases the restrictions and provides greater leeway for ERISA plan fiduciaries to consider ESG factors.


Missouri Joins Other States In Providing Unpaid Leave For Domestic And Sexual Violence Victims, Haley Gassel Nov 2021

Missouri Joins Other States In Providing Unpaid Leave For Domestic And Sexual Violence Victims, Haley Gassel

SLU Law Journal Online

Domestic violence has increasingly become an issue of employment law. Over thirty states provide workplace protections to employees facing domestic or sexual violence, now including Missouri. In this article, Haley Gassel provides an overview of the recently passed Missouri law and the significance of these safeguards.


Rules In The Workplace: Does The Nlra Protect Employees’ Ability To Record Working Conditions?, Avery Lubbes Oct 2021

Rules In The Workplace: Does The Nlra Protect Employees’ Ability To Record Working Conditions?, Avery Lubbes

SLU Law Journal Online

In the wake of the COVID-19 pandemic, some employees have recorded videos at work and posted them online to express their disagreement with working conditions. The NLRB recently created a new standard of review for evaluation of employer work rules, and the Board upheld an employer's "no-camera" rule, which included cell phones capable of taking photographs and videos. In this article, Avery Lubbes analyzes whether the Biden Board overturn this ruling as violative of labor rights.