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Full-Text Articles in Law
Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing
Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing
Law Faculty Scholarly Articles
These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.
Procedural Predictability And The Employer As Litigator: The Supreme Court’S 2012-2013 Term, Scott R. Bauries
Procedural Predictability And The Employer As Litigator: The Supreme Court’S 2012-2013 Term, Scott R. Bauries
Law Faculty Scholarly Articles
In this contribution to the University of Louisville Law Review’s Annual Carl A. Warns Labor and Employment Institute issue, I examine the Supreme Court’s labor and employment-related decisions from the October Term 2012 (OT 2012). I argue that the Court’s decisions assisted employers as litigators—as repeat players in the employment dispute resolution system—in two ways. First, the Court established simple contract drafting strategies that employers may use to limit their exposure to employment claims. Second, the Court adopted bright-line interpretations of employment statutes. Both forms of assistance served a formalist interest in what I term “procedural predictability”—enhanced employer predictability and …
Oral Argument In Meyer V. Holley (No. 01-1120), Robert G. Schwemm, Douglas G. Benedon, Malcolm L. Stewart
Oral Argument In Meyer V. Holley (No. 01-1120), Robert G. Schwemm, Douglas G. Benedon, Malcolm L. Stewart
Law Faculty Advocacy
The matter of Meyer v. Holley, 537 U.S. 280 (2003) was argued before the United States Supreme Court on Tuesday, December 3, 2002. Professor Robert G. Schwemm argued on behalf of the Respondents. This document is a transcript of the oral argument.
Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt
Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt
Law Faculty Scholarly Articles
Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …
Lawyer Supply And Demand In Kentucky Over The Next Decade, Alvin L. Goldman
Lawyer Supply And Demand In Kentucky Over The Next Decade, Alvin L. Goldman
Law Faculty Scholarly Articles
Projecting future needs is a painstaking and hazardous affair. Avoiding such pain, however, is even more hazardous. There is good reason to attempt to project the next decade's need for, and potential supply of, new lawyers in Kentucky. Adequate legal services are an important ingredient in orderly economic growth and an essential element in preserving a free society. On the other hand, an over-abundance of lawyers can depress the economics of the profession to the point at which its ability to sustain desired standards of ethical conduct and to attract a high caliber of new talent are both threatened. Moreover, …
Collective Bargaining Without Work Stoppage?, Alvin L. Goldman
Collective Bargaining Without Work Stoppage?, Alvin L. Goldman
Law Faculty Scholarly Articles
Legal institutions have provided us with numerous spectator sports. The jury trial and its predecessors, including trial by combat, are obvious examples. In the mid-nineteenth century, arguments before the Supreme Court of the United States occasionally attracted crowds of spectators and captured the front pages of the yellow press. In more recent times, proxy fights have been rumored to provide action for the bookmaking set and televised legislative investigations have won top-viewer ratings. Among the perennial spectator sports provided by our legal institutions over the past half-century or more has been the confrontation of labor and management across the collective …