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Contribution Between Parties To A Discriminatory Collective Bargaining Agreement, Michigan Law Review
Contribution Between Parties To A Discriminatory Collective Bargaining Agreement, Michigan Law Review
Michigan Law Review
This Note examines rules of title VII back pay liability and apportionment. Part I argues that all signatories to a discriminatory collective bargaining agreement should be jointly and severally liable to injured persons for back pay. Although a union or employer may object to joint and several liability if its opponent in collective bargaining proposed and bargained for the discriminatory term, the purposes of title VII require that the parties become jointly and severally liable upon signing the agreement. Since joint and several liability fully serves the compensatory purpose of the statute, Part II of the Note looks to deterrence …
The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review
The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review
Michigan Law Review
A Book Notice about The Lawsuit Lottery: Only the Lawyers Win by Jeffrey O'Connell
A Peek In Pandora's Box: Folding Carton And The Privilege Against Self-Incrimination In Civil Antitrust Actions, David D. Gregg
A Peek In Pandora's Box: Folding Carton And The Privilege Against Self-Incrimination In Civil Antitrust Actions, David D. Gregg
University of Michigan Journal of Law Reform
The purpose of this article is to examine the dimensions of an individual's Fifth Amendment privilege in a civil antitrust action where the person has not yet been guaranteed that criminal prosecution is no longer possible. Two issues are apparent: first, under what conditions may a civil antitrust defendant properly invoke the privilege; second, if a civil antitrust plaintiff seeks to discover information privileged under the Fifth Amendment, what is the proper response to the problem? Folding Carton provides an excellent example of the process of antitrust litigation and demonstrates the tensions involved. Using that case as an example, the …