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Articles 1 - 13 of 13
Full-Text Articles in Contracts
How To Create American Manufacturing Jobs, John D. Gleissner Esquire
How To Create American Manufacturing Jobs, John D. Gleissner Esquire
John D Gleissner Esquire
No abstract provided.
Waging War On Specialty Pharmaceutical Tiering In Pharmacy Benefit Design, Chad I. Brooker
Waging War On Specialty Pharmaceutical Tiering In Pharmacy Benefit Design, Chad I. Brooker
Chad I Brooker
Specialty drugs represent a growing concern for both health insurance issuers and beneficiaries given their exceedingly high (and growing) costs—representing almost half of all drug spend by 2017. Payers have sought to reduce their specialty drug spend by sharing more of the cost of these drugs with the beneficiaries who depend on them through the creation of specialty drug tiers. This has forced some patients to choose between forgoing other needs to pay for their medications or not take them at all. While several states have sought to outlaw the use of specialty drug tiers or limit pharmaceutical OOP cost-sharing, …
Transparency, Independence And Diversity: Does The United States Have It Better?-A Comparative Analysis Of The Process Of Appointment Of Judges To The Supreme Court In The United States And India., Varun Vaish
Varun Vaish
The rise of legal realism has made it manifestly clear that the background and worldview of judges influence cases.This is evidenced in the United States where the appointment of judges to the higher judiciary is believed to be, at least in some measure, predicated upon the proximity of the political ideology of the judge with that of the appointing party. This influence is acknowledged, questioned and somewhat mitigated against by the process of appointment wherein the Senate ratifies the president’s choice. However the lack of acknowledgement of this influence and its consequent securitization, in the appointment of judges is where …
Nlrb V. Yeshiva University: Teacher Participants In University Policy Formulation Deemed Managerial Under Nlra, Valerie A. Moore
Nlrb V. Yeshiva University: Teacher Participants In University Policy Formulation Deemed Managerial Under Nlra, Valerie A. Moore
Pepperdine Law Review
The development of a "status quo" for teacher bargaining unit certification was brought to an abrupt halt by the recent Supreme Court Yeshiva decision. The author, in agreement with the majority opinion, examines the development of this "status quo" and the cases leading up to and including the Supreme Court's determination that the Yeshiva faculty were managerial employees and thus exempt from coverage under the National Labor Relations Act. Also, the author illustrates the Supreme Court's unfavorable reaction to the National Labor Relations Board's cursory and inconsistent administrative decisions and opinions.
Enjoining Politically Motivated Strikes In Federal Courts: The Jacksonville Bulk Terminals Case, Mark A. Ozzello
Enjoining Politically Motivated Strikes In Federal Courts: The Jacksonville Bulk Terminals Case, Mark A. Ozzello
Pepperdine Law Review
The United States Supreme Court, in Jacksonville Bulk Terminals, Inc. v. International Longshoremen's Association, acknowledged that a work stoppage entirely motivated by political goals constitutes a "labor dispute" within the Norris-La Guardia Act which is prohibited from injunctive relief by a federal court. In so ruling, the Supreme Court found the Boys Markets, Inc. v. Retail Clerks Union and Buffalo Forge Co. v. United Steelworkers of America, AFL-CIO exceptions, which allow an injunction to issue pending arbitration in situations where the dispute underlying the work stoppage is arbitrable, to be inapplicable to the no-strike clause in the collective-bargaining agreement scrutinized. …
Employment Law And Social Equality, Samuel R. Bagenstos
Employment Law And Social Equality, Samuel R. Bagenstos
Samuel R Bagenstos
What is the normative justification for individual employment law? For a number of legal scholars, the answer is economic efficiency. Other scholars argue, to the contrary, that employment law protects against (vaguely defined) imbalances of bargaining power and exploitation. Against both of these positions, this paper argues that individual employment law is best understood as advancing a particular conception of equality. That conception, which many legal and political theorists have called social equality, focuses on eliminating hierarchies of social status. Drawing on the author’s work elaborating the justification for employment discrimination law, this paper argues that individual employment law is …
The Evolving Doctrine Of Union Liability For Health And Safety In The Workplace. Warning: Collective Bargaining Can Be Hazardous To Your Union's Health, Jeffrey S. Wohlner
The Evolving Doctrine Of Union Liability For Health And Safety In The Workplace. Warning: Collective Bargaining Can Be Hazardous To Your Union's Health, Jeffrey S. Wohlner
Pepperdine Law Review
No abstract provided.
Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.
Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.
Pepperdine Law Review
No abstract provided.
A Minor Problem With Arbitration: A Proposal For Arbitration Agreements Contained In Employment Contracts Of Minors, Richard A. Bales, Matthew Miller-Novak
A Minor Problem With Arbitration: A Proposal For Arbitration Agreements Contained In Employment Contracts Of Minors, Richard A. Bales, Matthew Miller-Novak
McGeorge Law Review
No abstract provided.
Larry From The Left: An Appreciation, Matthew T. Bodie, Grant M. Hayden
Larry From The Left: An Appreciation, Matthew T. Bodie, Grant M. Hayden
All Faculty Scholarship
This essay approaches the scholarship of the late Professor Larry Ribstein from a progressive vantage point. It argues that Ribstein's revolutionary work upended the "nexus of contracts" theory in corporate law and provided a potential alternative to the regulatory state for those who believe in worker empowerment and anti-cronyism. Progressive corporate law scholars should look to Ribstein's scholarship not as a hurdle to overcome, but as a resource to be tapped for insights about constructing a more egalitarian and dynamic economy.
Taxing Missy: Operation Gold And The 2012 Proposed Olympic Tax Elimination Act, Kathryn Kisska-Schulze, Adam Epstein
Taxing Missy: Operation Gold And The 2012 Proposed Olympic Tax Elimination Act, Kathryn Kisska-Schulze, Adam Epstein
Adam Epstein
The purpose of this article is to explore the legal and tax environment surrounding the August 1, 2012 bill referred to as the Olympic Tax Elimination Act (OTEA) which was introduced in the U.S. Senate to exempt from gross income the prize money earned by U.S. Olympians from the United States Olympic Committee (USOC) for earning a gold, silver or bronze medal. The OTEA came at a time when American economic growth has been stagnant, and income tax issues became a hotly contested political debate for the 2012 Presidential election. The article explores how tax issues have weaved their way …
Missouri Sports Law, Adam Epstein
Missouri Sports Law, Adam Epstein
Adam Epstein
The purpose of this paper is to present a brief perspective and overview on how individuals and teams associated with the state of Missouri have had an impact on sports law in general. This article synthesizes Missouri-related cases and decisions, demonstrating that the legal issues are quite broad and varied in this area of the law. Some represent significant state and federal sports law cases including those that have been initiated in or traveled through Missouri via the Eighth Circuit Court of Appeals.
Surveying Colorado Sports Law, Adam Epstein
Surveying Colorado Sports Law, Adam Epstein
Adam Epstein
The purpose of this article is to provide an overview and explore some of the major sports law cases that have emanated from within the four corners of the state of Colorado or maneuvered through Denver’s Tenth Circuit Court of Appeals. Colorado is a prime location for a wide range of cutting edge cases, decisions, discussions and events which have an impact on the relationship between sports and the law among the professional, amateur and recreational environments. Legal issues at Colorado-based educational institutions appear to have an affinity for and history of exposing and challenging the authority of NCAA policies.