Law Commons^™

Société Des Casinos Du Québec Inc. V. Association Des Cadres De La Société Des Casinos Du Québec: The Supreme Court Of Canada Gambles On Liberal Voluntarism To Provide Meaningful Access To Collective Bargaining, Eric Tucker

All Papers

In April 2024, the Supreme Court of Canada (SCC) unanimously ruled that the exclusion of managerial employees from Quebec’s main statutory collective bargaining regime, combined with a failure to provide them with access to any other statutory labour rights, did not violate their constitutionally protected freedom of association. This decision raises many questions about the future of constitutional labour rights at the Supreme Court. In this brief comment I address what is arguably the biggest takeaway for workers such as the casino managers whose freedom of association is poorly or entirely unprotected by statutory rights: that despite the majority judgment’s …

Ben's Blog 1: What Would Benjamin Cardozo Do? (Wwcd): The Holiday Party Edition, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The inaugural installment of Ben's Blog presents a fictional exchange inspired by Justice Benjamin N. Cardozo, applying his judicial philosophy to contemporary workplace holiday party issues. The blog explores employment law topics including workplace inclusion, alcohol policies, cannabis use, anti-harassment obligations, and employer liability in a lighthearted educational format.

Field Effect Sec. Inc. V. Eighth Jud. Dist. Ct. (Anderson), 141 Nev. Adv. Op. 63 (Dec. 04, 2025), Mary Shamon

Nevada Supreme Court Summaries

No abstract provided.

Ai In Canadian Workplaces: Why Clear Policies Can’T Wait, Stacy Thomas

Editorials and Commentaries

No abstract provided.

A Comparative Analysis Of The Lack Of Contractual Protections In Female Dominated Opportunities: Collegiate Competitive Dancers And Cheerleaders Compared To Ncaa Student-Athletes And National Pageant Organization Titleholders Compared To Employees/Independent Contractors, Abigail Church

Michigan Journal of Gender & Law

The lack of contractual protections and regulations throughout female-dominated opportunities is abundantly clear in the collegiate competitive dance & cheer and the national pageant organization titleholders. Collegiate competitive dancers and cheerleaders have no standardized contractual requirements regarding their commitment to an academic institution or their engagement in NIL opportunities. Their NCAA recognized student-athlete counterparts, on the other hand, have extensive regulations and protections in place for both categories of contracts. In the pageant industry, pageant titleholders have no protection against the all-too-common procedural and substantive unconscionability of their service agreements, which can be found in confidentiality and arbitration clauses. In …

The Equal Pay Act’S Hidden Loophole: Eliminating Prior Compensation As A “Factor Other Than Sex”, Madeleine Bol

Fordham Law Review

The Equal Pay Act of 1963 (EPA or the “Act”) prohibits employers from engaging in sex-based wage discrimination. The Act includes four exceptions that allow an employer to circumvent liability, the last of which allows for pay disparities when the “differential [is] based on any other factor other than sex.” The language of this exceedingly broad exception raises questions among courts on what “other than sex” entails—specifically, whether a court can rely on an employee’s prior compensation to justify a pay disparity between employees of the opposite sex. This Note examines how federal circuit courts have interpreted this catchall exception. …

Who Counts As A "Reasonable Employee"? The Third Circuit's Bungling Of Section 8(A)(1) Violations, Ben Milstein

Washington Law Review

The National Labor Relations Act (NLRA) protects private employees’ right to unionize and collectively bargain with their employers. Section 7 of the NLRA guarantees employees the right to self-organize labor unions, while section 8 outlines numerous unfair labor practices. Specifically, section 8(a)(1) bans employer interference, coercion, or restraint of any section 7 rights. In a 2022 case, FDRLST Media v. NLRB, the Third Circuit Court of Appeals reversed a National Labor Relations Board (NLRB) finding that FDRLST Media’s executive officer’s tweet constituted a section 8(a)(1) violation. This Comment examines the history of section 8(a)(1) violations, specifically discussing the widely …

An Analysis Of Policies Impacting Ex-Offenders And The Barriers Created In Their Transition Into Society: A Qualitative Metasynthesis, Thomas A. Ayala

Theses & Dissertations

In 2018, more than six million people in the United States were under correctional supervision, including incarceration, probation, or parole, equivalent to 1 in 40 adults (Maruschak & Minton, 2020). While this reflects a decline from previous years, prison populations reversed course in 2022, increasing by 2% nationwide, with 36 states and federal facilities reporting higher inmate counts (Nellis, 2024). Since 1973, policy shifts have fueled the rise of mass incarceration (Nellis, 2021; O’Brien, 2020). According to the Pew Center, the United States remains a global outlier, holding 5% of the world’s population, but incarcerates 25% of the 9 million …

What Lpe And The Christian Bible Have In Common, Christopher D. Hampson, Alvin Velazquez

UF Law Faculty Publications

No abstract provided.

The Case For Selective Non-Transparency In Ai-Mediated Work: A Workers Rights Framework, Daniel Plate, James Hutson

Faculty Scholarship

This article advances a labor rights argument for selective non-transparency in AI-mediated work, framed through educational labor yet generalizable across the United States. The central claim asserts that blanket requirements to disclose all AI-assisted methods reconfigure managerial power by converting process knowledge into a surveillance substrate, thereby diminishing autonomy, chilling professional judgment, and enabling rapid deskilling. Synthesizing U.S. labor and privacy frameworks—especially interpretations of the National Labor Relations Act regarding electronic monitoring—alongside emerging state initiatives on automated decision systems, the analysis demonstrates how expansive process transparency risks infringing protected concerted activity while normalizing function creep in algorithmic management. Empirical literature …

A Middle-Class New Deal: A Call To Action, Angela K. Littwin

Brooklyn Journal of Corporate, Financial & Commercial Law

The books featured in the Debt in the Real World Symposium paint compelling portraits of American financial insecurity and distress. The fact that half of U.S. households cannot make ends meet is a devastating development, but it also presents an opportunity for making change because economic insecurity is now an “us” problem rather than a “them” problem. The next step is to organize, and as part of that process, to develop a vision of an economy that works for everyone. The title of one featured book, Michele Dickerson’s forthcoming The Middle Class New Deal, is a strong starting point because …

Should The Army Be Involved In Divorce? Re-Examining The Pre-Divorce Defaults For Spousal Support, Artem M. Joukov, Thomas Godfrey

MC Law Review

Army Regulation 608-99 assigns a large portion of a Soldier’s paycheck to the spouse upon marital separation. The assignment occurs without a hearing, discovery, or consideration of critical evidence which might moderate the amount of support. The obligation rests on the Soldier to obtain a court order or spousal agreement to reduce the financial burden. The adversarial nature of modern divorces renders these requirements unrealistic. Amending the regulation would ease the burden of the Soldier, which is desirable in light of the ongoing recruitment crisis and the need to attract recruits and retain those already in the service.

Did Copyright Fail Music Artists?, Rachel Landy

Articles

Music soundtracks our lives, supports over two million domestic jobs annually, and is listened to more than ever before. The record industry is thriving, having made over $17 billion in 2024. Yet, many professional artists are barely surviving. Artists signed to record deals lament royalty payments that amount to a fraction of a penny for each stream of their songs. So where is all the money going, and who, or what, is to blame? Public rhetoric and existing legislative proposals implicate copyright as a guilty party. But are those concerns justified?

This Article unpacks the music supply chain. It builds …

Amazon.Com Services, Llc. V. Dwight Malloy, 141 Nev. Adv. Op. 50 (Oct. 30, 2025), Hannah Hoffmann

Nevada Supreme Court Summaries

NEVADA WAGE-HOUR LAWS DO NOT INCORPORATE THE FEDERAL PORTAL-TO-PORTAL ACT’S EXCEPTIONS TO COMPENSABLE WORK.

Protecting Platform Workers In The European Union, Jeremias Adams-Prassl, Antonio Aloisi, Nicola Countouris, Valerio De Stefano, Silvia Rainone

Articles & Book Chapters

No abstract provided.

"The Terms And Spirit": Preserving The Purpose Of The Fair Labor Standards Act By Applying The Clear And Convincing Evidence Standard In Flsa Exemption Cases, Bridget Mccourt

Cleveland State Law Review

In 2023, the Fourth Circuit in Carrera v. E.M.D. Sales split from its sister courts by requiring employers to prove by clear and convincing evidence that an employee is exempt from the Fair Labor Standards Act (“FLSA”). The Supreme Court reversed the Fourth Circuit’s decision, resolving the split by holding that the preponderance of the evidence is the correct standard. This Note argues that the Fourth Circuit, despite failing to provide a justification for its heightened standard, was correct because it preserves the terms and spirit of the FLSA. Congress enacted the FLSA as a remedial statute aimed to alleviate …

President Trump And Control Of Administrative Agencies: The Firing Of Nlrb Commissioner Gwynne Wilcox, Gwynne Wilcox, Daniel Silverman, David Rudenstine, Floersheimer Center For Constitutional Democracy, Public Interest Law Student Association (Pilsa), American Constitution Society (Acs), Cardozo Chapter, National Lawyers Guild, Cardozo Chapter, Cardozo Federalist Society

2025 Event Invitations

On November 18, Gwynne Wilcox will join Dan Silverman at Cardozo to discuss her lawsuit against Trump and his administration for firing her as an NLRB commissioner. This conversation will be moderated by Professor David Rudenstine.

On January 27, 2025, President Trump removed Wilcox from the Board prior to her term’s expiration in 2028. Wilcox was the first Board Member to have been removed in 90 years of the Board's inception in 1935. Wilcox filed a lawsuit in Federal Court in Washington, DC, against President Trump challenging her unprecedented and unlawful termination based upon current statutory law and well-established Supreme …

Torts And Pesticide Drift: Amending Right-To-Farm Acts In The Wake Of Widespread Dicamba Drift By Nicholas Brown** And Matt Roessing*

Journal of Legal Studies in Business

When crops die in a field prior to harvest, a farmer loses a portion of his salary for that year. When the cause of the crop loss is natural, farmers can usually seek compensation through crop insurance and government commodity support programs. When the crops were lost as a result of pesticide drift, these forms of compensation are not usually available to farmers.1 In order to make up for their losses, farmers can seek damages through judicial redress. For many decades, various state and federal laws have combined to complicate and at times prevent farmers adversely affected by pesticide drift …

Cover Page & Table Of Contents - Volume 23

Journal of Legal Studies in Business

JLSB vol. 23 Title Page & Table of Contents

Incorporating Tax Law Into Legal And Regulatory Environment Of Business Courses

Journal of Legal Studies in Business

No abstract provided.

Too Much, Too Little, Or Just Right? Beyond The Perception (Or Reality) Of Law School Rigor In Teaching Undergraduate Copyright Law

Journal of Legal Studies in Business

No abstract provided.

The Cost Of Waiting: Navigating The Ftc’S Noncompete Ban And The Risks Of Inaction, Cameron Weiss

University of Miami Business Law Review

This Comment critically examines the Federal Trade Commission’s (FTC) now–abandoned rule that sought to ban noncompete clauses in employment contracts, emphasizing the limitations of advice provided by attorneys, legal scholars, and experts who advocate for a “wait–and–see” approach during its development and subsequent litigation. Noncompetes, while serving as a tool for employers to safeguard proprietary interests and limit competition, also restrict employee mobility and bargaining power. The FTC’s proposed rule, which aimed to ban most noncompete clauses, faced immediate and substantial legal challenges under the major questions and nondelegation doctrines.

Although the FTC ultimately ceased defending the rule and acceded …

Amazon.Com And The Nlrb: Privacy Rights, Home Visits And Beyond, Leonard Bierman, Rafael Gely

Texas A&M Law Review

In the important November 2024 case of Amazon.com Services LLC, the National Labor Relations Board (“NLRB” or “Board”) held employer “captive audience speeches” to be per se unlawful. The NLRB held that employer anti-union speeches of this kind, delivered on paid company time on company premises and which employees are required to attend, unlawfully intruded on employee privacy and autonomy. This Article critiques the NLRB’s recent Amazon.com decision from various perspectives. First, the NLRB, in its ruling, appears to ignore decades-long precedent in this area of the law, precedent that firmly upheld the “free speech” rights of employers to …

Fifty More Years Of Ineffable Quo? Workers' Compensation And The Right To Personal Security, Michael C. Duff

Kentucky Law Journal

No abstract provided.

The Most Dangerous Of All Subversions: Taming The At-Will Employment Doctrine By Statutorily Safeguarding Private Employees' Public Protest Speech, Joshua G. Wolford

Kentucky Law Journal

No abstract provided.

Freed From Prison And Unemployed: What Happens After Your Prison Job Ends?, Stephanie Hunter Mcmahon

Kentucky Law Journal

No abstract provided.

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

From Both Sides Of The Table: Careers In Labor & Employment, Cardozo Labor And Employment Law Society

2025–2026 Flyers

No abstract provided.

A Reemployment Right For People In Pretrial Detention, Jordan Laris Cohen

Texas A&M Law Review

Job loss is a major collateral consequence of pretrial detention. It frequently results from even short periods of detention and can have cascading and long term effects on income, housing security, family stability, and likelihood of incarceration—all despite the fact that people in pretrial detention are entitled to a presumption of innocence and indeed may never be found guilty of an offense. Given existing racial disparities in arrests, bail determinations, and bail amounts, job loss from pretrial detention further drives racial inequalities in employment and income. While job loss from pretrial detention inflicts substantial social harms and undermines due process, …

Systemic Exploitation Of Farmworkers: The Depreciation Of H-2a Farmworkers' Wages And The Effect On Similarly Situated Domestic Jobs, Brady Clark

William & Mary Business Law Review

Immigration has played a key role in helping the U.S. economy grow and provide labor to a variety of industries. One of the key pieces of this growth has been the H-2A visa program, which allows farm workers from other countries to come to the United States to help farmers plant, grow, and harvest. Yet, the H-2A program is riddled with problems that give complete power to the farm owner and strip the farm worker of any ability to stop a farm owner’s abuse. Because of this power, farm owners can take advantage of their H-2A workers, paying them lower …