Labor and Employment Law Commons^™

Source & Solidarity, Sari Mazzurco

Michigan Law Review

Trademark law has become the new frontier of unionbusting. Companies like Trader Joe’s, Starbucks, and Medieval Times have brought unprecedented suits against their employee unions for trademark infringement in relation to their organizing activities. This sort of litigation puts courts in the difficult position of reconciling trademark protection with unionization rights. Their attempts to apply standard trademark doctrines in this context reveal a deeper problem: Current trademark law is incoherent when applied to labor unions.

This incoherence stems from a disconnect between current trademark law and the original purpose behind its application to labor unions. This Article recovers that basis …

Click To Sue: Defining Receipt Of Eeoc Notices In The Digital Age, Robert J. Toth Jr.

St. Mary's Law Journal

Federal employment discrimination statutes condition a claimant’s right to sue on timely receipt of a “right-to-sue” notice from the United States Equal Employment Opportunity Commission (EEOC).  Courts have historically treated certified mail slips as sufficient to trigger a claimant’s ninety-day filing window, regardless of when the claimant opened or retrieved the letter.  In the digital era, the EEOC increasingly issues notices through email and its online Public Portal, raising questions about when electronic notice constitutes “receipt.”

This Article examines recent federal appellate court decisions—Lax v. Mayorkas, McDonald v. St. Louis University, and García-Gesualdo v. Honeywell Aerospace of Puerto Rico, …

Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue

Pepperdine Dispute Resolution Law Journal

The article addresses a pivotal moment for the labor-management arbitration profession. As demographic changes and the growing complexity of labor relations coincide with a decline in the number of qualified arbitration professionals, Professor La Rue emphasizes the critical role senior arbitrators play as mentors and gatekeepers for the next generation. The piece explores mentorship models, including the traditional “Legacy Method” and initiatives designed to expand opportunities for underrepresented groups, such as the Ray Corollary Initiative. The article also offers actionable recommendations to advance disclosure and transparency, including: (1) reducing barriers to entry for new arbitrators; (2) establishing a formal mentorship …

Inequality, Collective Power, And Democratic Renewal, Kate Andrias

Faculty Scholarship

With each passing week since this essay series commenced, American democracy has come under greater threat. Leading political scientists have concluded that the U.S. is now better described as a competitive autocracy rather than a democracy. President Trump’s recent attacks on core institutions and violations of the rule of law — from the use of violent force by ICE to the investigation of the Federal Reserve Chair and the threats involving Greenland — were unimaginable even a few months ago.

Economic Costs And Rhetoric Of Resisting Diversity, Bill Petkanas

Proceedings of the New York State Communication Association

This paper examines the history of group exclusion in various occupations and the rhetoric used to support programs in diversity, equity, and inclusion. Examples include the Manhattan Project, the Discovery of the structure of DNA, and sports. Rhetorical possibilities are suggested based on the economic advantages of DEI.

Child Labor And State Constitutionalism, Andrew Hammond, Helen Hershkoff

Northwestern University Law Review

Almost ninety years after Congress banned “oppressive” child labor as part of the Fair Labor Standards Act, employers are pushing state legislatures to let them put children to work in dangerous poultry plants, at hazardous construction sites, and during late shifts on school nights. Perversely, calls to rollback federal protections are camouflaged in the rhetoric of parents’ rights, casting child labor regulation as intrusive, paternalistic, and even socialist—echoing the same corporate arguments used a century ago when the Child Labor Amendment to the U.S. Constitution went down in defeat. These arguments mask the desperate economic circumstances of a parent claiming …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Major League Baseball's Major Labor Boondoggle: Rethinking Salary Arbitration, Matthew W. Givens

Kentucky Law Journal

No abstract provided.

Competition For All? The Ftc’S Ban On Non-Competes And The More Effective Route In Promoting Competition, Aniqah Nashiat

St. John's Law Review

(Excerpt)

Employment contracts have historically included non-compete agreements, which are restrictive covenants forbidding employees from working “for competitors of their former employer for a certain period of time and over a defined geographic area.” American jurisprudence has always left enforcement of these non-competes to states. In the federal government, Congress has never successfully passed legislation on the per se illegality of non-competes. Instead, President Joe Biden signed an executive order in 2021 aimed at promoting the interests of American workers because companies requiring them to sign non-competes restricted their ability to change jobs. Biden explained that strengthening antitrust laws would …

Implementation Of The Retirement And Social Protection Law In Lebanon, Manal H. Choker

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

The Law No. 319 dated December 22, 2023 constitutes a historic station in the process of developing social security legislation in Lebanon. This law - published in the Official Gazette No. 53 on 28/12/2023 - amended some provisions of the Social Security Law and established the retirement and social protection system in the National Social Security Fund. The adoption of this legislation was the result of efforts that lasted about twenty years of studies and consultations on the reform of the end-of-service system, where the adoption of a pension system was repeatedly postponed despite the urgent need for it. The …

الأولاد والأحداث في التشريع الاجتماعي اللبناني والدولي, ليلى عازوري جمهوري

Proche-Orient, Études juridiques

No abstract provided.

Droit Du Travail, Poej

Proche-Orient, Études juridiques

No abstract provided.

La Santé Au Travail En Droit Libanais, Nasri Diab

Proche-Orient, Études juridiques

No abstract provided.

Institutionalizing The Trade-Labor Nexus, Yueming Yan

Michigan Journal of International Law

While scholars have extensively explored the evolution of labor provisions in trade agreements, less attention has been paid to the institutional mechanisms that operationalize these provisions. This article addresses this gap by offering a comparative analysis of labor compliance models that are emerging across jurisdictions.

Recognizing that no institutional design is without trade-offs, this article applies the theory of comparative institutional analysis to evaluate existing models—not by asking whether they are (in)effective in the abstract, but: (in)effective compared to what? Specifically, it examines the strengths and limitations of various institutional mechanisms using benchmarks that matter to policymakers, including procedural efficiency, …

#Metoo Vs. Anti-Dei, Nicole Porter

Faculty Publications

Nine years ago, the entire country was talking about the #MeToo movement, which can be credited with the unseating of hundreds of powerful men and changing the way we talk about and address sexual harassment in the workplace. In 2026, continued progress of the #MeToo movement might be threatened by a new movement-the Trump Administration's attack on Diversity, Equity, and Inclusion (DEI) initiatives. This article discusses the ways in which the #MeToo movement conflicts with the anti-DEI movement. Specifically, it addresses how employers will respond to pressure to dismantle DEI programs, offices, and training, and how those responses will affect …

The Contested Contingent Constitution: Plutocrats, Right-Wing Populists, And Labor Rights In The U.S., Kate Andrias

Faculty Scholarship

Constitutional labor rights have long been negligible in the United States. Now, with the ascendance of Donald Trump’s right-wing authoritarianism, even statutory labor rights are under threat. Yet there is an apparent paradox: While the Trump Administration seeks to declare the NLRB unconstitutional and has decimated federal workers’ rights, Trump’s “Make America Great Again” (MAGA) movement rose to power in part by invoking the plight of the American worker. The more populist wing of the American Right does not expressly challenge the constitutionality of labor law. Indeed, some right-wing populists urge an expansion of labor rights, emphasizing such goals as …

Still Working Nine To Five: How Boyer V. United States Keeps Women Stuck With Prior Pay Inequality, Mckenna Wark

Villanova Law Review (1956 - )

No abstract provided.

Brief Amicus Curiae Of Administrative And Constitutional Law Professors In Support Of Petitioners, Robert Glicksman, Richard Pierce, Alan B. Morrison, Jeffrey Lubbers, Peter L. Strauss

Amicus Briefs & Court Filings

INTRODUCTION AND SUMMARY OF ARGUMENT: The ninety-six temporary agricultural workers employed by respondent were allowed to come to the United States solely because Congress established the program that governs their employment. As petitioners’ brief demonstrates, in order for respondent to be eligible to bring in foreign workers, it had to submit an application to the Department of Homeland Security. As part of that process, respondent had to establish that it would not employ non-citizen workers to displace domestic workers. Included in the required showing is an agreement by respondent to pay both domestic and foreign workers the same pay, so …

Le Droit Au Travail Dans Les Pays Du Moyen-Orient, Georges Kadige

Proche-Orient, Études juridiques

No abstract provided.

Decent Work In The Platform Economy Convention, 2026: A Preliminary Analysis, Valerio De Stefano

ILO Decent Work in the Platform Economy Convention

This paper provides a preliminary analysis of the Decent Work in the Platform Economy Convention, 2026 (No. 193), the first international labour standard devoted specifically to platform work. It examines the Convention’s scope, substantive protections, and principal interpretive questions, arguing that its significance lies in the cumulative architecture through which platform work is brought within the reach of international labour standards.

Particular attention is given to the Convention’s broad personal scope. Self-employed platform workers are generally included throughout the instrument, while specific provisions permit protections to be adapted to different employment statuses without excluding workers outside an employment relationship. …

فلسفة حقوق الامتياز, محمد عمار تركمانية غزال

Proche-Orient, Études juridiques

No abstract provided.

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson

Seattle University Law Review

Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.

This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …

Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens

Seattle University Law Review

The Hawaiian Homes Commission Act of 1920 (HHCA) was enacted to restore Native Hawaiians to ancestral lands and promote long term economic self-sufficiency. More than a century later, that promise remains unfulfilled. This Note argues that a central but overlooked barrier lies in the HHCA’s mandated use of the replacement cost appraisal method, which systematically undervalues homestead properties by excluding market forces. In one of the most expensive housing markets in the United States, this approach suppresses home equity, the primary means of intergenerational wealth building, and restricts beneficiaries’ access to credit and financial stability. By severing the connection between …