Law Commons^™

Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Regulations And Flexibility, Donald Roth

Faculty Work Comprehensive List

"Salaried workers are more likely to blur their work and home lives by taking work home, checking emails at night, or telecommuting."

Posting about changes in labor laws from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/regulations-and-flexibility/

Out Of Balance: Wrong Turns In Public Employee Speech Law, Michael Toth

University of Massachusetts Law Review

Although scholars offer a variety of explanations for the modern Supreme Court’s public employee speech jurisprudence, they share a common presumption. According to the standard account, the modern era of public employee free speech law began in 1968, with the Court’s adoption of a balancing test in Pickering v. Board of Education. Contrary to this view, this Article argues that Pickering balancing is better characterized as a relic from a bygone era rather than the start of a new one. Balancing was once the Court’s standard method of judging First Amendment claims. When Pickering was decided, however, balancing was under …

The Legal Status Of Charter Schools In State Statutory Law, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole

University of Massachusetts Law Review

Given the recent increase in charter schools as an alternative to the traditional public education system, this Article explores the legal status and position of charter schools. Charter schools exhibit many characteristics of private schools, particularly in terms of management, but also retain many public school features. Thus, this Article explores areas of the law where charter schools were either classified as public or private in terms of state statutes or regulations, discussing recent and some pending litigation. First, this Article discusses whether charter schools, charter school boards and officials, or educational management organizations which manage charter schools are entitled …

The Cowboy Code Meets The Smash Mouth Truth: Mediations On Worker Incivility, Michael C. Duff

West Virginia Law Review

No abstract provided.

Remedies For Detainees: The Impact Of The Ninth Circuit's Decision On Medical Negligence Cases, Arzoo Rajani

University of Massachusetts Law Review

This comment examines the impact of the Ninth Circuit‘s holding in medical neglect cases and whether the Second Circuit made an error. To examine this issue, it must first be understood what the factual and legal background is concerning each case, the detainee‘s medical rights and the types of actions they can bring against government employees. After examining the law, the Second Circuit‘s holding is then compared with the Ninth Circuit‘s holding. Finally, this comment argues why the Supreme Court should affirm the Ninth Circuit‘s holding.

Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act, César F. Rosado Marzán, Alex Tillett-Saks

Hofstra Labor & Employment Law Journal

This article analyzes the first case of college athlete unionization under the National Labor Relations Act ("NLRA") that has reached the National Labor Relations Board – that of the Northwestern University football players. We reanalyze the case and concur with Region 13 of the NLRB, which determined that these college athletes are employees under the NLRA. However, we also go beyond Region 13's decision and argue that the walk-on players, or those football players who do not receive scholarships, may also be employees under the NLRA.

The grant-in-aid football players of Northwestern University meet the three rules normally used to …

Eliminating Arbitrary Age Descrimination In 401(K) And Pension Plan Eligibility Requirements: A Simple Fix To Encourage Younger Workers To Save For Retirement, Andrew J. Clopton

University of Michigan Journal of Law Reform Caveat

Current federal law allows companies to exclude their youngest workers from participating in 401(k) and other pension plans. Public policy should encourage young workers to contribute to retirement as early as practicable, rather than impose obstacles to saving. Workers who begin saving even a few years earlier improve their retirement security and reduce the likelihood they will be dependent on the government later in life. While “age discrimination” is conventionally thought of as the mistreatment of older workers, this concept applies equally to employees who are differentiated based solely on their young age. Thus, Congress should amend the Internal Revenue …

Centering The Teenage "Siren": Adolescent Workers, Sexual Harassment, And The Legal Construction Of Race And Gender, Anastasia M. Boles

Michigan Journal of Gender & Law

Recent scholarship and media attention has focused on the prevalence of sexually harassing behavior directed at working teenagers, and the emergence of sexual harassment lawsuits by these minors against their employers. Although many of the legal issues concerning workplace sexual harassment and adult workers (and the various state and federal jurisprudence prohibiting it) have been widely discussed, there is surprisingly little discourse, research, and precedent addressing the problem of workplace sexual harassment and teen workers. Currently, most sexual harassment cases brought by adolescent workers are litigated using the doctrinal framework for adult workers. Only the Seventh Circuit has developed an …

Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees, George P. Roach

George P Roach

Compensation Forfeiture:

Stacking Remedies Against Disloyal Agents and Employees

Abstract

Four cases against outlaw CEO’s who defrauded their companies are reviewed to show the major impact that compensation forfeiture contributes to the total package of remedies awarded. The dual goals of remedies for breach of fiduciary duty of compensation and deterrence result in multiple remedies, generally including a remedy at law to compensate and a remedy in equity to disgorge any benefit from the breach. For claims that the fiduciary or agent breached her duty of loyalty, a third remedy of compensation forfeiture can be added or ‘stacked’ on top …

Essay: A Positive Perspective On Regulation Of The Workplace Relationship, Dana M. Muir

Marquette Benefits and Social Welfare Law Review

Positive Organizational Scholarship studies how business organizations and their employees excel and thrive. It takes the opposite perspective from the traditional organizational research that examines negative deviance and how that deviance inhibits organizational performance. Like traditional organizational scholars, legal scholars (as well as lawyers, legislators, judges, and regulators) typically focus on problems. Examples abound in the field of employment law. For example, to what extent does employment discrimination still exist and how can it be eliminated? And, what constraints prevent Americans from achieving retirement security and how can those constraints be eliminated? This Essay proposes that we examine the Positive …

Worker (Mis)Classification In The Sharing Economy: Trying To Fit Square Pegs Into Round Holes, Robert Sprague

Robert Sprague