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Full-Text Articles in Law

Community For Creative Non-Violence V. Reid: New Certainty For The Copyright Work For Hire Doctrine , Katherine B. Marik Nov 2012

Community For Creative Non-Violence V. Reid: New Certainty For The Copyright Work For Hire Doctrine , Katherine B. Marik

Pepperdine Law Review

No abstract provided.


University Of Pennsylvania V. Eeoc: The Denial Of An Academic Freedom Privilege, Don Mark North Nov 2012

University Of Pennsylvania V. Eeoc: The Denial Of An Academic Freedom Privilege, Don Mark North

Pepperdine Law Review

No abstract provided.


Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy Nov 2012

Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy

Pepperdine Law Review

No abstract provided.


Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch Nov 2012

Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch

Pepperdine Law Review

No abstract provided.


Sexual Harassment Of Employees By Non-Employees: When Does The Employer Become Liable?, Robert J. Aalberts, Lorne H. Seidman Nov 2012

Sexual Harassment Of Employees By Non-Employees: When Does The Employer Become Liable?, Robert J. Aalberts, Lorne H. Seidman

Pepperdine Law Review

No abstract provided.


The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary Nov 2012

The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary

Pepperdine Law Review

No abstract provided.


Contracting Employment Disputes Out Of The Jury System: An Analysis Of The Implementation Of Binding Arbitration In The Non-Union Workplace And Proposals To Reduce The Harsh Effects Of A Non-Appealable Award, Michele M. Buse Nov 2012

Contracting Employment Disputes Out Of The Jury System: An Analysis Of The Implementation Of Binding Arbitration In The Non-Union Workplace And Proposals To Reduce The Harsh Effects Of A Non-Appealable Award, Michele M. Buse

Pepperdine Law Review

No abstract provided.


Reopening A Warn Issue: A Two-Step Approach To Determining An Employer's Obligation To Recognize A Union When It Reopens A Plant , David M. Lester Nov 2012

Reopening A Warn Issue: A Two-Step Approach To Determining An Employer's Obligation To Recognize A Union When It Reopens A Plant , David M. Lester

Pepperdine Law Review

No abstract provided.


The After-Acquired Evidence Doctrine: A Dubious Defense In Employment Discrimination Cases, Kenneth R. Davis Nov 2012

The After-Acquired Evidence Doctrine: A Dubious Defense In Employment Discrimination Cases, Kenneth R. Davis

Pepperdine Law Review

No abstract provided.


Expanding The Hostile Environment Theory To Cover Age Discrimination: How Far Is Too Far?, Julie Vigil Oct 2012

Expanding The Hostile Environment Theory To Cover Age Discrimination: How Far Is Too Far?, Julie Vigil

Pepperdine Law Review

No abstract provided.


Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien Oct 2012

Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien

Pepperdine Law Review

This article explores the legal practice area of employment discrimination and adverse decisions based on after-acquired evidence. A division among the circuits courts arose concerning the impact of after-acquired evidence of employee wrongdoing upon an employer's liability for employment discrimination. When pre-trial discovery unveiled a separate nondiscriminatory reason for termination, numerous circuits allowed such previously unknown information to constitute a legitimate basis for the employment decision, following the model of a mixed-motive discharge. A trend developed however, among other circuits that after-acquired evidence of employee misconduct should not prevent the establishment of employer liability, but that it should be considered …


Participate At Your Peril: The Need For Resolution Of The Conflict Surrounding Employee Participation Programs By The Team Act Of 1997, Michele L. Maryott Oct 2012

Participate At Your Peril: The Need For Resolution Of The Conflict Surrounding Employee Participation Programs By The Team Act Of 1997, Michele L. Maryott

Pepperdine Law Review

No abstract provided.


Employee Notice Requirements Under The Family And Medical Leave Act: Are They Manageable?, Robert J. Aalberts, Lorne H. Seidman Oct 2012

Employee Notice Requirements Under The Family And Medical Leave Act: Are They Manageable?, Robert J. Aalberts, Lorne H. Seidman

Pepperdine Law Review

No abstract provided.


Admission Possible: Reconsidering The Impact Of Eeoc Reasonable Cause Determinations In The Ninth Circuit, Michael D. Moberly Oct 2012

Admission Possible: Reconsidering The Impact Of Eeoc Reasonable Cause Determinations In The Ninth Circuit, Michael D. Moberly

Pepperdine Law Review

No abstract provided.


A Limit On Downsizing: Varity Corp. V. Howe, James B. Shein Oct 2012

A Limit On Downsizing: Varity Corp. V. Howe, James B. Shein

Pepperdine Law Review

No abstract provided.


Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole Oct 2012

Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole

Pepperdine Law Review

No abstract provided.


"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright Oct 2012

"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright

Pepperdine Law Review

No abstract provided.


Agostini V. Felton: Redefining The Establishment Of Religion Through A Modification Of The Lemon Test, Christian W. Johnston Oct 2012

Agostini V. Felton: Redefining The Establishment Of Religion Through A Modification Of The Lemon Test, Christian W. Johnston

Pepperdine Law Review

No abstract provided.


California Supreme Court Survey - A Review Of Decisions: December 1997-March 1998, Leallen Frost Oct 2012

California Supreme Court Survey - A Review Of Decisions: December 1997-March 1998, Leallen Frost

Pepperdine Law Review

No abstract provided.


Will Motive, Opportunity Or Recklessness No Longer Constitute Scienter For Fraud? A Survey Of Recent Federal District Court Decisions After The Enactment Of The 1995 Private Securities Litigation Reform Act , Lisa A. Herrera Oct 2012

Will Motive, Opportunity Or Recklessness No Longer Constitute Scienter For Fraud? A Survey Of Recent Federal District Court Decisions After The Enactment Of The 1995 Private Securities Litigation Reform Act , Lisa A. Herrera

Pepperdine Law Review

No abstract provided.


No Duty To Rescue: Can Americans Really Leave A Victim Lying In The Street? What Is Left Of The American Rule, And Will It Survive Unabated?, Jennifer L. Groninger Oct 2012

No Duty To Rescue: Can Americans Really Leave A Victim Lying In The Street? What Is Left Of The American Rule, And Will It Survive Unabated?, Jennifer L. Groninger

Pepperdine Law Review

No abstract provided.


Thurgood Marshall And The Holy Grail—The Due Process Jurisprudence Of A Consummate Jurist, Richard H. W. Maloy Oct 2012

Thurgood Marshall And The Holy Grail—The Due Process Jurisprudence Of A Consummate Jurist, Richard H. W. Maloy

Pepperdine Law Review

No abstract provided.


Should Prudential Standing Requirements Be Applied In Transferred Impact Sexual Harassment Cases? An Analysis Of Childress V. City Of Richmond, Robert J. Aalberts, Lorne H. Seidman Oct 2012

Should Prudential Standing Requirements Be Applied In Transferred Impact Sexual Harassment Cases? An Analysis Of Childress V. City Of Richmond, Robert J. Aalberts, Lorne H. Seidman

Pepperdine Law Review

No abstract provided.


Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements, Kester Spindler Oct 2012

Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements, Kester Spindler

Pepperdine Law Review

No abstract provided.


Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert John Araujo Oct 2012

Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert John Araujo

Pepperdine Law Review

No abstract provided.


California Wrongful Discharge Law Turns Toward The Plaintiff , Jennifer Vanse Oct 2012

California Wrongful Discharge Law Turns Toward The Plaintiff , Jennifer Vanse

Pepperdine Law Review

No abstract provided.


Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?, John Corrington Oct 2012

Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?, John Corrington

Pepperdine Law Review

No abstract provided.


Compulsory Employment Arbitration And The Eeoc, Richard A. Bales Oct 2012

Compulsory Employment Arbitration And The Eeoc, Richard A. Bales

Pepperdine Law Review

No abstract provided.


The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin Jul 2012

The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin

Pepperdine Law Review

No abstract provided.


Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson Jul 2012

Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson

Pepperdine Law Review

No abstract provided.