Law Commons^™

Judicial Review Of Arbitration Awards On Public Policy Grounds: Lessons From The Case Law, Ann C. Hodges

Law Faculty Publications

A review of the case law demonstrates that most of the labor arbitration awards challenged on public policy grounds involve reinstatement of discharged employees. This article analyzes 138 private sector federal cases in which labor arbitration ·awards have been contested on public policy grounds. All the cases reviewed are discharge cases in which arbitration awards reversing the terminations were challenged. The article attempts to determine the factors that influence courts to uphold or overturn arbitration awards. This analysis will provide assistance to arbitrators in writing opinions that are less subject to challenge, and to employers, unions, and their attorneys in …

Cls Stands For Critical Legal Studies, If Anyone Remembers, Dana Neacsu

Law Faculty Publications

Critical Legal Studies (“CLS”), which started as a Left movement within legal academia, has undergone so many changes, that one may liken it to products of pop culture, such as the television cartoon show, South Park. South Park features a character named Kenny, totally unlike any other cartoon hero, tragic or otherwise. Like Kenny, who is an outsider and who speaks a language unintelligible to all except, astonishingly, his classmates, CLS no longer seems to possess a voice comprehensible to anyone outside its own small circle. Kenny, unlike all other cartoon figures, dies in every episode. Significantly, often Kenny's death …

Rethinking Intervention In Environmental Litigation, Carl W. Tobias

Law Faculty Publications

Intervention in Public Law Litigation: The Environmental Paradigm (Environmental Paradigm) substantially enhances understanding of intervention in federal environmental disputes. These controversies are a critical type of modern civil lawsuit and perhaps constitute the quintessential form of public law litigation. Professor Peter Appel comprehensively reviews the lengthy history of the intervention mechanism, scrutinizes the substantial 1966 revision of Federal Rule of Civil Procedure 24, and closely examines the phenomenon of public law litigation and intervention in it.

Professor Appel finds that federal district court judges liberally grant requests to intervene in these cases, although he asserts that some legal scholars have …

Natural Resources And The White Commission Report, Carl W. Tobias

Law Faculty Publications

Individuals and entities with concerns regarding environmental issues as well as those concerned about the federal judicial system have carefully followed the debate over the possible division of the United States Court of Appeals for the Ninth Circuit that has been raging since 1995. During the first session of the 105th Congress, the Senate approved an appropriations rider, which would have established a new Twelfth Circuit including Alaska, Arizona, Hawaii, Idaho, Montana, Oregon, Washington, Guam, and the Northern Mariana Islands, and would have left California and Nevada in the Ninth Circuit. That action was very important because neither house of …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1999-2000), J. Rodney Johnson

Law Faculty Publications

In its 2000 Session, the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Virginia Code. It also carried over one significant bill to the 2001 Session. In addition, there were nine Supreme Court of Virginia opinions, one United States District Court opinion, two Virginia Circuit Court opinions, and one Attorney General's opinion raising issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial …

A Reexamination Of The Distinction Between “Loss-Allocating” And “Conduct-Regulating” Rules, Wendy Collins Perdue

Law Faculty Publications

The Louisiana choice of law code is an important effort to codify the best of modem conflicts understanding. I routinely teach it to my conflicts students even though few will practice in Louisiana. I think it quite possible that someday states that have followed more ad hoc judicial codifications may consider adopting the more systematic codification found in Louisiana.

The code's choice of law articles on torts incorporate a distinction, first developed in New York, between tort rules that are conduct-regulating and those that are loss-allocating. This rule is built around the premise that there are two fundamental purposes of …

Judicial Selection At The Clinton Administration's End, Carl W. Tobias

Law Faculty Publications

During his presidency, Bill Clinton appointed almost half of the presently sitting federal appellate and district court judges. He, therefore, can justifiably claim that he has left a lasting imprint on the federal judiciary. During his 1992 presidential campaign, Clinton promised to choose intelligent, diligent, and independent judges who would increase balance, vigorously enforce fundamental constitutional rights, and possess measured judicial temperament. The initial achievement of the Clinton Administration in selecting members of the federal bench, who make it more diverse and who are exceptionally qualified, demonstrates that the President fulfilled these campaign pledges. President Clinton named unprecedented numbers and …

The Employment Law Decisions Of The October 1999 Term Of The Supreme Court: Review And Analysis, Ann C. Hodges

Law Faculty Publications

The five employment law cases decided by the Supreme Court during the October 1999 Term bring to nineteen the total number of significant employment law cases decided by the Court during the last three terms. The October 1997 Term cases were marked by primary focus on employer liability, under Title VII of the Civil Rights Act of 1964, for sexual harassment by supervisors. Primary focus during the 1998 Term was on disability discrimination under the Americans with Disabilities Act of 1990 (ADA) and on the constitutionality of actions brought by private parties against states under the Fair Labor Standards Act …

Immigration And Nationality, Robert Charles Hill, Dana Neacsu

Law Faculty Publications

During the year 2000, there were significant developments in immigration law and policy with respect to employment-based immigration, family visas, asylum regulations and jurisprudence, refugee admissions, Temporary Protection Status (TPS) designations, and the implementation of the United Nations Torture Convention.

The net effect of changes in employment-based immigration was a gain to both the business community and to immigrants under most categories. There was a virtual unanimous consent among lawmakers to increase the number of temporary H-1B specialty workers in the United States and to ameliorate some of the unintended consequences of previous legislation such as the Illegal Immigration Reform …