Executive Estoppel, Equitable Enforcement, And Exploited Immigrant Workers,
2017
Texas A&M University School of Law
Executive Estoppel, Equitable Enforcement, And Exploited Immigrant Workers, Angela D. Morrison
Faculty Scholarship
Unauthorized workers in abusive workplaces have found themselves in a tug-of-war between federal agencies. On one side are federal prosecutors with the Department of Justice or Immigration and Customs Enforcement--who seek to criminally prosecute or deport the workers and treat the workers as defendants. On the other side are agencies like the U.S. Equal Employment Opportunity Commission, the Department of Labor, and U.S. Citizenship and Immigration Services who have determined the workers are victims of workplace exploitation and deserve protection. This mixed message—protection from one federal agency and prosecution by another—is contrary to Congressional intent and undermines the enforcement of …
Agency In State Agencies,
2017
University at Buffalo School of Law
Agency In State Agencies, Anya Bernstein
Contributions to Books
Published as Chapter 5 in Distributed Agency, N. J. Enfield & Paul Kockelman, eds.
The democratic state is an administrative state: the actual work of representative governance is done primarily in administrative agencies, which interpret and implement the often vague ambitions inscribed in statutes. When we talk about agency in the state, then, we must primarily be talking about agency in agencies. That may seem odd. Bureaucracy seems like the absence of agency: just mechanistic gear-grinding continuing things begun by other, distant, powerful actors. Where can agency find a foothold amid the faceless people, the featureless buildings, the infinite red …
Mind The Gap: Proposing A Tool For Identifying Gaps In Institutional Arbitration Rules,
2017
Florida A&M University College of Law
Mind The Gap: Proposing A Tool For Identifying Gaps In Institutional Arbitration Rules, Wheaton Webb
Florida A & M University Law Review
A recognized benefit of arbitration is the power of the disputants to select, usually in advance, the procedural rules that will govern their dispute resolution. The right to determine procedural rules may be particularly important in transnational agreements where contracting parties are from States with different legal cultures. Of course, Parties capitalizing on this advantage do not draft new procedural rules for every transaction. Instead, the parties incorporate procedural rules created by arbitral institutions into their agreements. This creates clear incentives for institutions to develop thorough yet flexible procedural rules. Despite this incentive, the rules themselves may be deficient in …
V.23-1, 2017 Masthead,
2017
University of San Diego
Legislative Committee Abbreviations,
2017
University of San Diego
Legislative Committee Abbreviations
California Regulatory Law Reporter
No abstract provided.
Commentary,
2017
University of San Diego
Dental Board Of California,
2017
University of San Diego
Dental Board Of California, Jena Scarborough, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care,
2017
University of San Diego
Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy,
2017
University of San Diego
Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing,
2017
University of San Diego
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board,
2017
University of San Diego
Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Contractors’ State License Board,
2017
University of San Diego
Contractors’ State License Board, Mayra Castro, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy,
2017
University of San Diego
California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
State Bar Of California,
2017
University of San Diego
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education,
2017
University of San Diego
Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance,
2017
University of San Diego
Department Of Insurance, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California,
2017
University of San Diego
Medical Board Of California, Kayla Watson, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Public Utilities Commission,
2017
University of San Diego
Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising,
2017
Cornell University School of Hotel Administration
It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising, Steven A. Carvell, David Sherwyn
American University Business Law Review
No abstract provided.
The Carried Interest Standoff: Reaffirming Executive Agency Authority,
2017
Akin Gump
The Carried Interest Standoff: Reaffirming Executive Agency Authority, Dean Galaro, Gregory S. Crespi
SMU Law Review
This Article argues that, if reform is necessary, carried interest taxation should be amended by agency rulemaking and not by Congress. Much has already been said about carried interest, but this Article attempts to look through a new lens—legislative history. Carried interest presents a complicated question about the application of foundational partnership tax principles. It is an issue that has received popular attention only within the last decade. Since then, the face of reform has been efforts in Congress to pass an overly complex bill—Section 710. By looking back through the legislative history of carried interest, we begin to see …
