Law Commons^™

Contracts Symposium Issue: Featured Speaker: The Right To Contract As A Civil Right, Robin West

Georgetown Law Faculty Publications and Other Works

The "right to contract," whether originating in the Constitution, common law, or natural law, has been long and widely felt to be in tension with our civil rights, broadly conceived. The individual himself, we generally believe, and only the individual, should decide the scope and terms of his affirmative, voluntary, and other-regarding undertakings. When he does so through contract, the individual and only the individual should determine the terms under which he will perform those duties. The civil rights laws of the nineteenth, twentieth, and early twenty-first centuries, and the various rights they create interfere with these natural freedoms.

So, …

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.

Fiduciary Discretion, D. Gordon Smith, Jordan C. Lee

Faculty Scholarship

Discretion is an important feature of all contractual relationships. In this Article, we rely on incomplete contract theory to motivate our study of discretion, with particular attention to fiduciary relationships. We make two contributions to the substantial literature on fiduciary law. First, we describe the role of fiduciary law as “boundary enforcement,” and we urge courts to honor the appropriate exercise of discretion by fiduciaries, even when the beneficiary or the judge might perceive a preferable action after the fact. Second, we answer the question, how should a court define the boundaries of fiduciary discretion? We observe that courts often …

Greetings From Bloomington, Austen L. Parrish

Austen Parrish (2014-2022)

No abstract provided.

The Forgotten Role Of Consent In Defamation And Employment Reference Cases, Alex B. Long

Scholarly Works

As has been well documented, the fear of defamation suits and related claims leads many employers to refuse to provide meaningful employment references. However, an employer who provides a negative reference concerning an employee enjoys a privilege in an ensuing defamation action if the employee has consented to the release of information concerning the employee’s job performance. Thus, many attorneys now advise prospective employers to have applicants sign consent agreements, permitting the prospective employer to conduct an investigation into the applicant’s work history and releasing from liability anyone who provides information about the employee’s work history. The Restatement (Second) of …

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 …

Brief For Bishopaccountability.Org Et Al. As Amici Curiae In Support Of Cert. Petition, John Doe B.P. V. Catholic Diocese Of Kansas City-St. Joseph, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

An Opt-In Approach To Regulating The Employment Decisions Of Religious Schools, Greg Walsh

Law Papers and Journal Articles

This article evaluates the merits of an opt-in approach to regulating the employment decisions of religious schools in Australia under anti-discrimination legislation. The essence of the model involves religious schools registering with the government for the specific protection they need to make employment decisions that they consider necessary due to the school’s religious identity. The legislature, executive and judiciary are provided with significant supervisory roles under the proposed model to address the potential for religious schools to abuse the protections provided. The article argues that the opt-in model has the potential to more appropriately regulate the employment decisions of religious …

What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan Carle

Articles in Law Reviews & Other Academic Journals

Discusses legal employment and salary and how legal education can address the current market.

Why Should I Become An Associate At A Large Law Firm? And If I Do, Then What Should I Expect And How Do I Succeed?, David A. Grenardo

Faculty Articles

For law students contemplating employment with large law firms, it is helpful to consider the advantages of working at a large law firm, what to expect, how to succeed, and how to make partner. A number of attributes make big law firms attractive to students, including salaries, bonuses, and opportunities for future employment after large law firm life, such as potential in-house positions and other prestigious employment.

Law students who are looking for a steady, stable income, a tremendous resume builder or a career, and are ready to work extremely hard may enjoy working at a large law firm. Nevertheless, …

Partnerships In Employment Brief: Engaging Families Of Youth With Intellectual Disabilities In Systems Change Efforts, Sean Roy

All Institute for Community Inclusion Publications

This brief will highlight the reasons why parents and families are essential partners in any systems change effort. It will describe the importance of the family’s perspective, and how their experiences should be used to shape policy recommendations. It will offer strategies on how to engage parents and families in systems change efforts, and how to promote family involvement to state-level partners.