Law Commons^™

A Straitjacket For Employment At-Will: Recognizing Breach Of Implied Contract Actions For Wrongful Demotion, Gregory M. Munson

Vanderbilt Law Review

For over a century, employment at-will has been the law in almost all American jurisdictions.' As a result, employers can fire their employees, and employees can quit, with or without reason. In addition, employers have the authority under the at-will rule to regulate all terms and conditions of employment. During the past two decades a series of judicial exceptions to the at-will rule that prohibit termination of an employee for a variety of reasons have eroded the at-will doctrine. These exceptions fall into two categories. First, an employer may not terminate an employee for reasons that violate public policy Second, …

Kalanke V. Freie Hansestadt Bremen: The Significance Of The Kalanke Decision On Future Positive Action Programs In The European Union, Rebecca Means

Vanderbilt Journal of Transnational Law

In the landmark case Kalanke v. Freie Hansestadt Bremen, the European Court of Justice held that a German state law giving women an "absolute and unconditional priority" in the labor market was inconsistent with the European Equal Treatment Directive. Although many Europeans vehemently criticized the Kalanke decision initially, the furor now appears to have subsided. As a result of this decision, however, the European Union is currently re-examining equal treatment policies and will likely provide further guidance to Member States attempting to formulate positive action programs.

This Note first discusses the institutions of the European Union as they relate to …

Rethinking Independence: The Lack Of An Effective Remedy For Improper For-Cause Removals, Tracey A. Hardin

Vanderbilt Law Review

Despite persistent constitutional questions, United States administrative agencies have grown in influence during this century.' Much of this controversy has centered around Congress's ability to control the removal of administrative officials constitutionally. In an effort to retain control of administrative agencies and in recognition of the need to conduct certain adjudicative functions outside the executive's domain, Congress has sought to create some agencies free from presidential influence. In particular, Congress has focused on at- tempting to limit the President's power to remove administrative officials. Although such limitations have always been controversial, the Supreme Court is generally thought to have resolved …

Mahoney V. Rfe/Rl: An Unexpected Direction For The Foreign Laws Defense, Thomas Wang

Vanderbilt Journal of Transnational Law

A law is only as good, or as powerful, as its exceptions allow it to be. Unless carefully drawn, an exception intended to avoid unjust or impractical applications of a rule can consume the rule itself. In the case of the Age Discrimination in Employment Act and Title VII, which were amended to apply to U.S. citizens working abroad, the "foreign laws defense," as interpreted in Mahoney v. RFE/RL, threatens to defeat the application of the general rule prohibiting discrimination. This Note briefly traces the history of the extraterritorial application of U.S. law and the interests that were served by …