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Articles 331 - 353 of 353
Full-Text Articles in Organizations Law
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
DePaul Business & Commercial Law Journal
No abstract provided.
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business & Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business & Commercial Law Journal
No abstract provided.
Monsanto: Creator Of Cancer Liability
Monsanto: Creator Of Cancer Liability
DePaul Business & Commercial Law Journal
No abstract provided.
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
DePaul Business & Commercial Law Journal
No abstract provided.
Corporate Entanglement With Religion And The Suppression Of Expression, Ronald J. Colombo
Corporate Entanglement With Religion And The Suppression Of Expression, Ronald J. Colombo
Seattle University Law Review
The power and ability of corporations to assert their First Amendment rights to the detriment of others remains both a controversial and unresolved issue. Adverting to relevant strands of existing jurisprudence and certain constitutionally relevant factors, this Article suggests a solution. The path turns upon the recognition that whereas some corporations are appropriately categorized as rights-bearing entities (akin to associations), others are more appropriately categorized as “entities against which the rights of individuals can be asserted.” Legislation, in the form of the draft “CENSOR” Act, is provided as a means by which to implement this categorization. What hopefully emerges is …
Accountability For Employers Or Independence For Contractors? Accomplishing Ab5’S Labor Classification Goals In The Gig Economy, Chelsea Rauch
Accountability For Employers Or Independence For Contractors? Accomplishing Ab5’S Labor Classification Goals In The Gig Economy, Chelsea Rauch
Seattle University Law Review
U.S. employment law traditionally classifies workers as either employees or independent contractors; each worker under this traditional legal rubric can only be classified as one or the other—there can be no ambiguity or overlap. An employee is generally defined as “a person hired for a regular, continuous period to perform work for an employer who maintains control over both the service details and the final product.” In contrast, an independent contractor is generally defined as “a worker who performs services for others, usually under contract, while at the same time retaining economic independence and complete control over both the method …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents and Special Thanks.
The Corporation As Trinity, David Skeel
The Corporation As Trinity, David Skeel
Seattle University Law Review
This Symposium Article takes Adolf Berle's cue in several respects. Most importantly, it will look to Augustine for guidance in developing insights into the nature of the corporation—in particular, corporate personhood. Where Berle drew inspiration from The City of God, this Article looks to a different Augustinian masterpiece, The Trinity, which has played a pivotal role in Christians’ understanding of who God is. Christian theology, as brilliantly explicated in The Trinity, states that God consists of three different persons—the Father, the Son, and the Holy Spirit—but is a single divine being. This Article argues that corporate personhood has similar qualities …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
In Memory Of Professor James E. Bond, Janet Ainsworth
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
From Animal Control To Zoning: 2019 Local Government Law Update, Tyler C. Southall
From Animal Control To Zoning: 2019 Local Government Law Update, Tyler C. Southall
University of Richmond Law Review
The goal of this Article is to review significant recent developments in Virginia local government law. First, this Article discusses a number of Supreme Court of Virginia and Fourth Circuit Court of Appeals cases published between July 1, 2018 and July 1, 2019. These cases involve questions of the First Amendment and social media, the First Amendment and employment law, attorney client privilege and Freedom of Information Act requests, vested rights issues in zoning ordinances, the powers of the Virginia State Corporation Commission, and public finance. Second, this Article addresses new laws from the 2019 General Assembly. It is impossible …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Journal of Law and Policy
Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor …
Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery
Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery
Journal of Law and Policy
The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to protect the pension rights of employees nationwide. However, due to its broad preemptive powers, ERISA has since developed into a tool used by health insurers to recover millions of dollars in tort damages meant to benefit employees with ERISA health plans. This practice, known as subrogation, has been met with legislative backlash in the form of state antisubrogation statutes, which attempt to limit the enforceability of subrogation clauses found in almost all ERISA health plans. However, many courts have held that ERISA preempts these antisubrogation statutes, thereby affirming …
The Supreme Court's Impact On Litigation, Stephen L. Wasby
The Supreme Court's Impact On Litigation, Stephen L. Wasby
Akron Law Review
The focus of this article is on that segment of the litigation cycle in which lawyers' attention to the Court's rulings affects the cases they bring and how they bring them. To indicate the Court's importance for litigating organizations' existence and functioning, we first explore a set of cases involving the NAACP. These cases, involving the organization's survival, show how the need for organizational maintenance affects an organization's ability to litigate as it would like to do. Drawing on the law of procedure, we next examine cases affecting organizations' ability to bring cases. Then we turn to see how Supreme …
After 70 Years Of The Nlrb: Warm Congratulations -- And A Few Reservations, Theodore J. St. Antoine
After 70 Years Of The Nlrb: Warm Congratulations -- And A Few Reservations, Theodore J. St. Antoine
Articles
The following essay is based on a talk the speaker was invited to deliver to the National Labor Relations Board on June 3 in Washington, D.C., on the occasion of the agency's 70th anniversary.
The Dormant Commerce Clause And The Hormones Problem, Donald H. Regan
The Dormant Commerce Clause And The Hormones Problem, Donald H. Regan
Book Chapters
It is obvious that no anti-discrimination regime can stop at forbidding explicit discrimination of the relevant sort. If only explicit discrimination is forbidden, lawmakers who want to discriminate can hide their discriminatory intentions behind facially neutral classifications that are nonetheless chosen because they differentially burden the protected class. So, we must be prepared to invalidate some facially neutral laws that have "discriminatory effect" or, as American lawyers often call it, "disparate impact." On the other hand, we cannot possibly invalidate all laws which have a disparate impact on a protected class; many perfectly reasonable laws adopted for completely innocent purposes …
Constitutional Law-Exclusion Of Negroes From Dental Society That Controls Selection Of State Dental Officials Violates The Equal Protection Clause-Hawkins V. North Carolina Dental Society, Michigan Law Review
Constitutional Law-Exclusion Of Negroes From Dental Society That Controls Selection Of State Dental Officials Violates The Equal Protection Clause-Hawkins V. North Carolina Dental Society, Michigan Law Review
Michigan Law Review
Plaintiff, a licensed Negro dentist, was refused admission to the North Carolina Dental Society, a voluntary professional organization that plays a significant role both in the selecting of state dental officials and in the promotion of state dental programs. At the time the plaintiff sought admission to the Society, state statutes empowered the Society to elect the six members of the North Carolina Board of Dental Examiners and to designate the dental representatives to the Medical Care Commission and the Mental Health Council. After the plaintiff brought suit to compel his admission to the Society, the Society persuaded the state …