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Full-Text Articles in Law
Who Pays The Piper If You Cut Into The Dance? An Analysis Of Independent Federation Of Flight Attendants V. Zipes, Barbara J. Fick
Who Pays The Piper If You Cut Into The Dance? An Analysis Of Independent Federation Of Flight Attendants V. Zipes, Barbara J. Fick
Barbara J. Fick
This article previews the Supreme Court case Indpendent Federation of Flight Attendants v. Zipes, 491 U.S. 754 (1989). The author expected the Court to address what standard the courts should apply in deciding whether to assess attorney's fees against an unsuccessful intervenor in federal employment discrimination cases.
What Is The Time Limit For Filing A Lawsuit? It Depends On What Your Definition Of "Arising Under" Is! An Analysis Of Jones V. R.R. Donnelley & Sons Co., Barbara J. Fick
What Is The Time Limit For Filing A Lawsuit? It Depends On What Your Definition Of "Arising Under" Is! An Analysis Of Jones V. R.R. Donnelley & Sons Co., Barbara J. Fick
Barbara J. Fick
This article previews the Supreme Court case Jones et. al. v. R.R. Donnelly & Sons Co., 541 U.S. 369 (2004). The author predicted that the case would require the court to determine the appropriate statute of limitations to apply in a class action race-discrimination lawsuit filed under 42 U.S.C. ยง 1981.
Mixed Up About Mixed Motive: What Will Trigger A "Mixed Motive" Analysis In Title Vii Cases? An Analysis Of Desert Palace, Inc. V. Costa, Barbara J. Fick
Mixed Up About Mixed Motive: What Will Trigger A "Mixed Motive" Analysis In Title Vii Cases? An Analysis Of Desert Palace, Inc. V. Costa, Barbara J. Fick
Barbara J. Fick
This article previews the Supreme Court case Desert Palace, Inc. v. Costa, 539 U.S. 90, 2003. The author expected the Court to clarify and define the circumstances in which it is appropriate to use the "mixed-motive model" to prove a violation of Title VII under the disparate treatment theory.
Musical Courts: Plaintiff Picks A Court But Can Defendant Trump The Choice? An Analysis Of Breuer V. Jim's Concrete Of Brevard, Inc., Barbara J. Fick
Musical Courts: Plaintiff Picks A Court But Can Defendant Trump The Choice? An Analysis Of Breuer V. Jim's Concrete Of Brevard, Inc., Barbara J. Fick
Barbara J. Fick
This article previews the Supreme Court case Brewer v. Jim's Concrete of Brevard, 538 U.S. 691 (2003). The author expected the Court to address the issue of whether the language of the Fair Labor Standards Act providing that "an action . . . may be maintained in any federal or state court" constitutes an express provision prohibiting removal to federal court when the plaintiff has chosen to maintain its lawsuit in state court.
Labor Law Preemption: Procedure And Substance: An Analysis Of International Longshoremen's Association V. Davis, Barbara J. Fick
Labor Law Preemption: Procedure And Substance: An Analysis Of International Longshoremen's Association V. Davis, Barbara J. Fick
Barbara J. Fick
This article previews the Supreme Court case Int'l Longshoremen's Ass'n v. Davis, 476 U.S. 380 (1986). The author expected the Court to address 2 issues: (1) at what point in a case must the issue of federal preemption be raised?; and (2) to what extent is state law preempted by federal labor law?
Can Contested Disciplinary Actions Be Considered In Subsequent Termination Proceedings? An Analysis Of United States Postal Service V. Gregory, Barbara J. Fick
Can Contested Disciplinary Actions Be Considered In Subsequent Termination Proceedings? An Analysis Of United States Postal Service V. Gregory, Barbara J. Fick
Barbara J. Fick
This article previews the Supreme Court case U.S. Postal Service v. Gregory, 534 U.S. 1, 2001. The author expected the case to examine whether, under the Civil Service Reform Act, the Merit Systems Protection Board (MSPB) abuse its discretion when it considers prior discipline that is currently being challenged by the employee in ongoing grievance proceedings?