At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits,
2016
The Catholic University of America, Columbus School of Law
At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez
Catholic University Law Review
Reviewing the intersection of a religious organization’s right to select employees based on their goals and mission and modern employment law, this article argues that the analysis of the ministerial exception will depend on the type of suit brought. Specifically, the Article identifies five analytical categories: (1) employment discrimination/employment retaliation claims; (2) breach of employment contract claims; (3) whistleblower claims; (4) tort claims; and (5) miscellaneous claims.
The Article begins by describing the ministerial exception and ecclesiastical abstention doctrines that exist under the First Amendment through the lens of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran Church & School …
Unhitching The Trailer Clause: The Rights Of Inventive Employees And Their Emploers,
2016
University of Georgia School of Law
Unhitching The Trailer Clause: The Rights Of Inventive Employees And Their Emploers, Marc B. Hershovitz
Journal of Intellectual Property Law
No abstract provided.
Frances B. Bunzl Order On Defedant's Sutherland Asbill & Brennan Llp Motion To Dismiss,
2016
Fulton County Superior Court Judge
Frances B. Bunzl Order On Defedant's Sutherland Asbill & Brennan Llp Motion To Dismiss, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Frances B. Bunzl Order On Defedant's Motion To Dismiss,
2016
Fulton County Superior Court Judge
Frances B. Bunzl Order On Defedant's Motion To Dismiss, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Family Law And Entrepreneurial Action,
2016
BYU Law School
Family Law And Entrepreneurial Action, D. Gordon Smith
Faculty Scholarship
In "The Contractual Foundation of Family-Business Law," Benjamin Means aspires to lay the groundwork for a law of family businesses. In this brief response essay, I suggest that a workable family-business law along the lines suggested by Means is consistent with an overarching policy in the United States of promoting entrepreneurial action, and I evaluate the proposal against this policy goal, with particular attention to Means’s arguments in favor of “family-business defaults” and his concern over the potentially disruptive role of fiduciary law.
Recent Supreme Court Employment Law Developments,
2016
Touro Law School
Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer
Touro Law Review
No abstract provided.
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook,
2016
Touro Law School
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post
Touro Law Review
No abstract provided.
The Gateway Thread,
2016
Touro University Jacob D. Fuchsberg Law Center
Preface To The Gateway Thread,
2016
Touro Law School
Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation,
2016
Touro University Jacob D. Fuchsberg Law Center
Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh
Touro Law Review
No abstract provided.
Cognition And Common Sense In Contract Law,
2016
Touro University Jacob D. Fuchsberg Law Center
Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel
Touro Law Review
No abstract provided.
Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James,
2016
Touro University Jacob D. Fuchsberg Law Center
Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon
Touro Law Review
No abstract provided.
Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians,
2016
Touro University Jacob D. Fuchsberg Law Center
Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley
Touro Law Review
No abstract provided.
Common Sense And Contract Law: Fear Of A Normative Planet?,
2016
Touro University Jacob D. Fuchsberg Law Center
Common Sense And Contract Law: Fear Of A Normative Planet?, Thomas Joo
Touro Law Review
No abstract provided.
Miller Order On Plaintiff's Motion To Compel Discovery Pursuant To O.C.G.A. § 9-11-37,
2016
Fulton County Superior Court, Judge
Miller Order On Plaintiff's Motion To Compel Discovery Pursuant To O.C.G.A. § 9-11-37, Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Tin Star Development Llc Order On Defendants' Motion To Dismiss Plaintiffs' First Amended Complaint, Or In The Alternative, Motions For More Definite Statement,
2016
Fulton County Superior Court, Judge
Tin Star Development Llc Order On Defendants' Motion To Dismiss Plaintiffs' First Amended Complaint, Or In The Alternative, Motions For More Definite Statement, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Add-On Contract Drafting Workshops,
2016
University of Maryland School of Law
Add-On Contract Drafting Workshops, Martha M. Ertman
The Sixth Annual Capital Area Legal Writing Conference
No abstract provided.
On The Existential Function Of The Social And The Limits Of Rationalist Accounts Of Human Behavior,
2016
Seattle University School of Law
On The Existential Function Of The Social And The Limits Of Rationalist Accounts Of Human Behavior, Doug Mcadam
Seattle University Law Review
Rational choice theory has achieved widespread influence in a number of social science disciplines, most notably economics and political science. Given its prominent position within economics, it is not surprising that rational choice theory (and other rationalist perspectives) dominates theory and research on the corporation and decision-making by corporate actors. By contrast, however, the theory has failed to gain more than a toehold in sociology. Indeed, most sociologists are downright hostile to rational choice theory. When pressed to explain why, those in the discipline are very likely to complain that the perspective is “asociological”; that the theory posits an atomized …
Benefit Corporations And Strategic Action Fields Or (The Existential Failing Of Delaware),
2016
Seattle University School of Law
Benefit Corporations And Strategic Action Fields Or (The Existential Failing Of Delaware), Brett Mcdonnell
Seattle University Law Review
This Article analyzes the creation and growth of benefit corporations from the perspective of strategic action field theory in an attempt to shed some light upon both the subject and the methodology. It considers how the new legal field of benefit corporations responded to weaknesses in the existing fields of business and nonprofit corporations. Where major field participants such as directors, officers, employees, shareholders, or donors wish to pursue both financial and public-spirited goals that sometimes conflict without subordinating either type of goal to the other, both profit and nonprofit corporations may be unsatisfactory. Benefit corporations attempt not only to …
Corporations In The Flow Of Culture,
2016
Seattle University School of Law
Corporations In The Flow Of Culture, Greg Urban
Seattle University Law Review
As an anthropologist, coming out of three decades of research among indigenous Brazilian populations, I naturally saw modern for-profit business corporations as tribes—the collective bearers of adaptive cultural know-how. They appeared to me to be the entities housing the culture needed to produce commodities, to trade commodities on the open market, or both. I was also, of course, aware of the legal concept of the corporation as fictive person capable of owning property and having standing in court cases, which I thought of as akin to the anthropological corporation insofar as both recognized the group as social actor. However, it …
