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Full-Text Articles in Law
Privacy Please — Direct Observation Drug Testing & Invasion Of Privacy, Elizabeth Black
Privacy Please — Direct Observation Drug Testing & Invasion Of Privacy, Elizabeth Black
University of Cincinnati Law Review
No abstract provided.
Construction Law: The English Route To Modern Construction Law, Vivian Ramsey
Construction Law: The English Route To Modern Construction Law, Vivian Ramsey
Arkansas Law Review
In this Article, I will look at the way that construction law has developed in the English common law world from its roots in the law of England and Wales. Whilst common law traditions are now applied to many jurisdictions, the number of jurisdictions in which English precedents are binding is now small. But, in many common law jurisdictions decisions of the English courts are still treated as “persuasive.” English decisions in the field of construction law have an extensive reach in terms of their persuasiveness. First, having a long-established court system, including a specialist court for 150 years, has …
How To Pay Off Hard Work, Juliette Hernandez
How To Pay Off Hard Work, Juliette Hernandez
University of Miami Business Law Review
No abstract provided.
The Path To Employee Status For College Athletes Post-Alston, Tyler J. Murry
The Path To Employee Status For College Athletes Post-Alston, Tyler J. Murry
Vanderbilt Journal of Entertainment & Technology Law
College athletics are in a state of flux following the Supreme Court’s decision in NCAA v. Alston. While student athletes can now earn money from their name image and likeness (NIL) through endorsement deals, the NCAA and its member schools can still exploit college athletes to earn billions of dollars. To remedy this injustice, courts should classify student athletes as employees under the Federal Labor Standards Act (FLSA) to compensate these students for their work. Whether student athletes should be eligible for minimum wage and employment benefits has been a hot-button topic in the legal community for many years. Fortunately, …
The Pandemic And The Public Nuisance: Judicial Intervention In The Era Of Covid-19 And The Collective Right To Public Health, Kyra Ziesk-Socolov
The Pandemic And The Public Nuisance: Judicial Intervention In The Era Of Covid-19 And The Collective Right To Public Health, Kyra Ziesk-Socolov
Washington and Lee Journal of Civil Rights and Social Justice
Amidst the unprecedented disruption caused by COVID-19, workplace lawsuits around the country began to apply a longstanding common law theory in a novel way: employee plaintiffs argued that their employers’ noncompliance with state and federal public health guidance designed to curb the spread of the virus should be enjoined as a public nuisance. Although some of these initial public nuisance suits were dismissed, others successfully forced defendant businesses to either alter their COVID safety practices or temporarily close. This Article explores the first pandemic-era public nuisance suit, Rural Community Workers Alliance v. Smithfield Foods, brought by meatpacking plant workers …
Now We Have Reason To Fire You: What Should States Do About The Employer “After-Acquired” Employee Wrongdoing Defense?, Michael J. Hayes
Now We Have Reason To Fire You: What Should States Do About The Employer “After-Acquired” Employee Wrongdoing Defense?, Michael J. Hayes
FIU Law Review
Wrongful employer conduct, particularly discrimination and harassment, is leading to efforts to provide more protection to employees, and compensate them for wrongdoing already done to them. As shown by the Michigan Supreme Court’s July 2021 Lichon v. Morse decision that adopted a new and more pro-employee standard for when employers can compel employees to arbitrate instead of sue over claims of sexual harassment, much of the protection of employees may occur at the state level. Which makes it unfortunate that little attention is being paid to how states treat the employer after-acquired evidence defense that can undermine new and existing …