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Full-Text Articles in Law
Three Stories And Their Morals, Robert B. Bennett
Three Stories And Their Morals, Robert B. Bennett
Scholarship and Professional Work - Business
Fundamentally, the common law tradition is a collection of stories. Stories also become the law professor's stock in trade. We tell students stories or have them read stories in the form of cases or hypothetical situations and help them discern the morals to the stories-i.e., what the stories mean in the context of business or in their business lives? In a sense, that is what the Socratic Method is all about: analyzing stories in the form of cases and discerning their greater meaning. In this paper I will relate three true stories within the context of just-in-time production management and …
Jack Lewis: An Undertaker's Gamble, James Furgol, Rachel Granfield
Jack Lewis: An Undertaker's Gamble, James Furgol, Rachel Granfield
Legal History Publications
On December 15, 1933, the case of Jack Lewis, Inc. v. Mayor and City Council of Baltimore concluded with a denial of certiorari from the United States Supreme Court. After over a year and a half of litigation, Jack Lewis, Inc. had to close the shutters on their newly acquired funeral parlor at 1804 Eutaw Place, in the Jewish community of Mount Royal.
The company had its roots in the “downtown” Eastern European Jewish neighborhood while Eutaw Place was home to a number of “uptown” German Jews who were integrated with wealthy gentiles. Not only did the Supreme Court’s decision …
Business, The Roberts Court, And The Solicitor General: Why The Supreme Court's Recent Business Decisions May Not Reveal Very Much, Sri Srinivasan, Bradley W. Joondeph
Business, The Roberts Court, And The Solicitor General: Why The Supreme Court's Recent Business Decisions May Not Reveal Very Much, Sri Srinivasan, Bradley W. Joondeph
Faculty Publications
This essay presents an empirical examination of the full universe of the Roberts Court’s decisions affecting the interests of business from January 2006, when Justice Alito joined the Court, to January 2009. As a purely descriptive matter, we find that the Court tended to reach results favorable to business interests, and that it tended to adopt the positions urged by the Bush administration. Moreover, when those two positions diverged-most saliently, in cases where the United States and the United States Chamber of Commerce filed opposing amicus briefs-the Roberts Court overwhelmingly sided with the government.
While these findings are interesting, our …
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Faculty Scholarship
This article reports on the thick layers of law applicable to claims of religious exception to public and private employment workplaces in the United States. It reviews the Supreme Court's First and Fourteenth Amendment salient holdings, distinguishing public sector (government) workplaces, and the extent to which legislative bodies may and may not oblige private employers to "accommodate" religiously-asserted requirements. It also provides exhaustive footnote analyses of all major federal statutes (plus some representative state and local law variations) pertinent to the topic. Its principal conclusions are these: In the currently prevailing view of the U.S. Supreme Court, neither public nor …