Law Commons^™

Noncompetes In A Downsizing World, Charles A. Sullivan

San Diego Law Review

As the nation confronts multiple federal and state attacks on employee noncompetition agreements (“NCAs”), one issue has remained relatively obscure: may an employer that terminates a worker for reasons not related to performance nevertheless enforce an NCA? A scattering of cases mostly holds no, and the recent Restatement of Employment Law’s agreement with those decisions is likely to be very influential for the great majority of jurisdictions that have not yet addressed the question but may be forced to in light of massive COVID-related layoffs.

This Article supports the Restatement’s proposed rule, while exploring the fascinating doctrinal and policy issues …

Wade’S Way No More? The Future Of Reproductive Rights In Light Of Texas Senate Bill 8’S Constitutionality, Dolly Suresh

SLU Law Journal Online

There are many hot-topic discussions occurring in today's political climate. In this article, Dolly Suresh focuses on the recent legislation in Texas, the Texas Heartbeat Act, and the conversations surrounding it.

The Protection Of Foreign Investments In Disputed Maritime Areas Of The South China Sea, Anh Nguyen

Indonesian Journal of International Law

This study used a legal framework developed by a recent scholarship to examine the protection of foreign investments in disputed maritime areas. The framework classifies these areas and establishes the jurisdictional challenges faced by investment tribunals in such constellations. For instance, there are high-profile foreign investments in the South China Sea (SCS) with significant threats of increasing escalation between SCS states. Therefore, this study aimed to examine investment protection in disputed waters of SCS using this framework. Since BITs of SCS states include maritime areas beyond the territorial sea in their territories, there is need to abide to international law. …

Pulling Back The Curtain: A Follow-Up Report From The Aba Criminal Justice Section Women In Criminal Justice Task Force, Maryam Ahranjani

Faculty Scholarship

In an era when women’s hard-fought and hard-earned participation in the workforce is in peril, the ABA Criminal Justice Section’s Women in Criminal Justice Task Force (TF) continues its groundbreaking work of documenting challenges in hiring, retention and promotion of women criminal lawyers. Pulling Back the Curtain follows up on the initial findings of the TF. The findings are published in the Berkeley Journal of Criminal Law and the ABA Criminal Justice magazine. This report describes the results of a subsequent survey of diverse criminal lawyers and judges conducted at the end of 2020. The survey posed questions related to …

Mid-Atlantic Ethics Committee Newsletter, Fall 2021

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Santa Clara Magazine, Volume 62 Number 2, Fall 2021, Santa Clara University

Santa Clara Magazine

18 - WE ARE THE CHAMPIONS The pandemic stole an entire year of games from them. But this team still won it all. Written by Harold Gutmann. Illustrated by Liam Eisenberg.

26 - INFORMED BY STRUGGLE. How hardship forged a sense of gratitude in SCU finance professor Meir Statman and his wife, Navah. Written by Deborah Lohse.

30 - TWEETING GOOD There’s a Bronco who finds hope, God, and cat pictures online. We talk with @padreSJ. Interviewed by Leslie Griffy. Illustrated by Kyle Hilton.

34 - SIGNALS FROM A CHANGING PLANET. The imprints of humans on the environment spell a …

2021–2022 Bulletin Of Information, Notre Dame Law School

Bulletins of Information

CONTENTS

• Admissions Information
• Academic Calendar
• Tuition and Fees
• Academic Requirements
• Off-Campus Programs
• Senior Administrative Leadership
• Hoynes Code

Taboo Transactions: Selling Athlete Biometric Data, John T. Holden, Kimberly A. Houser

Florida State University Law Review

As consumers begin to realize the extent to which their biometric and health data are being tracked through wearable devices, new privacy concerns have arisen. These concerns are more than hypothetical as the unregulated sharing and disclosure of biometric and health data may have serious repercussions. This is especially true for the athletes whose data is tracked with precision and where a lucrative market of multiple parties anxious to obtain this data already exists. The ownership and use of this data have become an incredibly complex issue, as sports leagues, teams, and the device makers wrangle over how this data …

Recent Developments: Uthus V. Valley Mill Camp Inc., Chelsea Roberts

University of Baltimore Law Forum

No abstract provided.

Federalized Corporate Governance: The Dream Of William O. Douglas As Sarbanes-Oxley Turns 20, Joan Macleod Heminway

Scholarly Works

The federalization of U.S. corporate governance has been a topic of conversation among policymakers from the very beginning of the federal securities laws in the New Deal era. Among the early proponents of a federalized system of corporate governance oversight was William O. Douglas—perhaps best known as the longest-serving U.S. Supreme Court justice, but who also was a former commissioner and chair of the U.S. Securities and Exchange Commission. Reflecting on Douglas’s federal corporate governance ideas, Professor Roberta Karmel wrote a law review article for the Delaware Journal of Corporate Law, published in 2005, commenting on the extent and nature …

Vol. 38, No. 4, Jane Flanagan, Scott Lerner

The Illinois Public Employee Relations Report

Pandemic State: Navigating the State of Illinois' Response to the Challenges of Covid-19 in the Workplace

by Jane Flanagan and Scott Lerner

Recent Developments

Amicus (Fall 2021), University Of Colorado Law School

Amicus

Issue at a glance:

• Introduces the 17th dean of Colorado Law, Lolita Buckner Inniss
• Welcomes the Class of 2024 and new faculty member Doug Spencer
• Highlights the latest research by Associate Professor Kristelia García
• Features interviews with alumnae of color, as interviewed by members of the Women of Color Collective
• Recognizes attendees and sponsors of the 40th annual Alumni Awards Celebration
• Recognizes milestones and successes of Colorado Law alumni

Explaining Florida Man, Ira P. Robbins

Florida State University Law Review

"Tlorida Man" is a popular cultural phenomenon in which journalists report on Floridians' unusual (and often criminal) behavior, and readers relish in and share the stories, largely on social media. A meme based on Florida Man news stories emerged in 2013 and continues to capture people's attention nationwide. Florida Man is one of the latest unique trends to come from the Sunshine State and contributes to Florida's reputation as a quirky place. Explanations for Florida Man center on Florida's Public Records Law, which is known as one of the most expansive open records laws in the country. All states and …

Cbd And Gluten-Free: Compliance Challenges And Regulatory Action In New Areas Of Food And Drug Law, Christine Abely

Florida State University Law Review

This Article examines the challenges of regulating new areas of food and drug law and promoting industry compliance by considering two case studies: the U.S. regulation of cannabidiol (CBD) products and that of gluten-free items. Gluten-free claims on packaged foods have been subject to a set of U.S. Food and Drug Administ ration rules since those rules became effective in 2014. This new regulatory standard has improved the ability of consumers who need to rely on gluten-free labeling for health reasons to do so. Some concerns remain, however, about the mislabeling of foods that legally cannot be termed as gluten-free …

Predictors Of Refugees’ Ability To Pass The United States Citizenship Exam, Molly Grover, Fern Hauck, Sarah Blackstone, Emily Cloyd

Virginia Journal of Public Health

Background: Passing the United States citizenship exam can be challenging for refugee populations for several reasons, including affordability of English classes, time restraints, medical stressors, and limited formal education. The purpose of this study was to examine factors that may influence a refugees’ ability to pass the citizenship exam, including English proficiency, education, employment, and completion of English as a Second Language (ESL) classes.

Methods: Refugee patients at the International Family Medicine Clinic (IFMC) in Central Virginia participated in a survey that assessed their levels of English proficiency and whether or not they had passed the citizenship exam. The survey …

Silver Shingle Awards Gala, Boston University School Of Law

Alumni Events

Each year, we take a moment out of our busy schedules to celebrate the achievements of our alumni, faculty, and staff. This fall, we are thrilled to gather once again as a community to continue this tradition.

Are Digital Services Taxes Imposed By Other Countries Creditable Under Irc Section 903? Yes. But, What If The Opposite Is True?, Charles Edward Andrew Lincoln Iv

Student Scholarship

This article is divided in the following parts. Part II will discuss and define what Section 903 stands for from a legislative, regulatory, and case perspective. Part III will discuss what digital services taxes are. Part III will define “nexus” and how the concept of “nexus” will relate to Section 903. Part IV concludes by suggesting that digital services taxes do not fall into the traditional statutory paradigm. Ultimately, Section 903 hypothecates that a tax will either be a traditional income tax creditable under Section 901 or tax in the place of that tax. If it does not fall into …

Arming Goliath: Independent Craft Beer Is In Jeopardy At The Intersection Of A First Amendment Circuit Split, The Twenty-First Amendment, And The Erosion Of Tied-House Laws, Daniel J. Croxall

Florida State University Law Review

No abstract provided.

The Implausibility Standard For Environmental Plaintiffs: The Twiqbal Plausibility Pleading Standard And Affirmative Defenses, Celeste Anquonette Ajayi

Washington Law Review

Environmental plaintiffs often face challenges when pleading their claims. This is due to difficulty in obtaining the particular facts needed to establish causation, and thus liability. In turn, this difficulty inhibits their ability to vindicate their rights. Prior to the shift in pleading standards created by Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, often informally referred to as “Twiqbal,” plaintiffs could assert their claims through the simplified notice pleading standard articulated in Conley v. Gibson. This allowed plaintiffs to gain access to discovery, which aided in proving their claims.

The current heightened pleading standard …

Driving While Poor: Why Maryland Must Stop Suspending Driver's Licenses For Non-Safety Related Traffic Violations, Markisha Dobson

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum, Volume 52, Issue 1 (Fall 2021)

University of Baltimore Law Forum

No abstract provided.

Recent Developments: United Bank V. Buckingham, Stephanie Yamoah

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Travelocity.Com Lp V. Comptroller, Julia Rowland

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Bel Air Carpet, Inc. V. Korey Homes Bldg. Grp., Llc, Daniel Santos

University of Baltimore Law Forum

No abstract provided.

The Free Speech Record Of The Roberts Court, William D. Araiza

Faculty Scholarship

No abstract provided.

The Silver Lining Of The Covid-19 Pandemic: Building Effective - And Enduring - International Legal Education Opportunities, Diane Penneys Edelman

Faculty Scholarship

No abstract provided.

"Agents Of Change" – Lessons Learned From The Nation’S First Undergraduate Civil Rights Advocacy Clinic, Kath E. Rogers, Olu K. Orange

Experiential Learning & Teaching in Higher Education

How can universities support their students in pursuing civil rights activism? In doing so, how can universities prioritize students from marginalized communities who are most affected by justice issues? This paper will explore lessons learned from the nation’s first civil rights clinic at the undergraduate level. Responding to the urgency of our time, the University of Southern California, Dornsife College, launched "Agents of Change: Civil Rights Advocacy Initiative” in January 2021 to support students in addressing civil rights challenges in the Los Angeles community. This paper will discuss the importance of the civil rights activism clinical model at the college …

Setting The Health Justice Agenda: Addressing Health Inequity And Injustice In The Post-Pandemic Clinic, Emily Benfer, James Bhandary-Alexander, Yael Cannon, Medha D. Makhlouf, Tomar Pierson-Brown

Faculty Scholarly Works

The COVID-19 pandemic surfaced and deepened entrenched preexisting health injustice in the United States. Racialized, marginalized, poor, and hyper-exploited populations suffered disproportionately negative outcomes due to the pandemic. The structures that generate and sustain health inequity in the United States—including in access to justice, housing, health care, employment, and education—have produced predictably disparate results. The authors, law school clinicians and professors involved with medical-legal partnerships, discuss the lessons learned by employing a health justice framework in teaching students to address issues of health inequity during the pandemic. The goal of health justice is to eliminate health disparities that are linked …

Ua45/1 Registrar Updates, Wku Registrar

WKU Administration Documents

Newsletter created by and about the WKU Registrar's Office.

Purcell In Pandemic, Wilfred U. Codrington Iii

Faculty Scholarship

No abstract provided.