Labor and Employment Law Commons^™

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Table Of Contents

Seattle University Law Review

Table of Contents

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

In Lieu Of The Nlra, Gali Racabi

Cornell Law Faculty Working Papers

The National Labor Relations Act (NLRA) deteriorates from constitutional attacks and political sabotage. As labor law buckles, its preemption regime, a keystone of U.S. labor governance, has become unsustainable. This Article argues that labor law must flip its federal default by empowering and expanding state-level labor institutions and expanding gaps in NLRA preemption doctrine. Eighteen states already maintain NLRA-like statutory frameworks, and fourteen more recognize workers’ rights to unionize and act collectively as a state public policy. These under-examined laws hint at an alternative labor governance model in lieu of the NLRA.

Building on emerging preemption challenges, weaknesses in federal …

Wading In Alligator Infested Waters: An Analysis Of Indemnification Provisions In College Athletic Coaching Employment Agreements, Mark T. Wilhelm, Danielle A. Clifford

Texas A&M Law Review

College athletic coaches have always been under pressure from countless sources, whether that is recruiting new student-athletes, managing booster relations, or simply trying to win games. But recent rule changes that permit student-athletes to profit on their name, image, and likeness rights have brought to the forefront additional pressures on coaches as there are now questions about whether, and to what extent, coaches have personal liability for their acts or omissions in their roles as coaches and in capacities adjacent to their coaching roles. This Article uses as a case study a lawsuit brought against college football coach Billy Napier …

For Every Right A Remedy: Providing A Private Right Of Action Under The Church Amendments, Brad Grisenti

BYU Law Review

In 1973, Congress responded to the U.S. Supreme Court’s Roe v. Wade decision by passing legislation known as the “Church Amendments.” The Church Amendments were designed to protect healthcare workers from being compelled by their employers to perform or participate in abortion or sterilization procedures that conflict with their moral and religious beliefs. However, the Church Amendments suffer from an enforcement problem, largely due to Congress’s failure to explicitly provide a private right of action in the text of the statute. And thus far, courts have consistently refrained from interpreting it as containing an implied private right of action. Without …

Religious Freedom As Freedom, Helen M. Alvaré

BYU Law Review

In recent decades, the exercise of religious freedom is increasingly associated with oppression. This is not only due to the disagreement between religions and some governments concerning sexual expression matters—contraception, abortion, same-sex relations, and transgender identity—but is also due to diverging convictions about the substance and sources of freedom. This Article will examine a current and highly visible set of convictions about the contents of human freedom, which together suggest that a thriving religious witness threatens freedom itself. These convictions often surface in the context of laws touching upon sexual expression. It will then contrast these convictions with those found …

July 15, 2025 — Ada Letter To House Subcommittee On Health, Energy And Commerce Committee On "Legislative Proposals To Maintain And Improve Public Health Workforce, Rural Health, And Over-The-Counter Medicines.", American Dental Association

Advocacy in Action letters

No abstract provided.

Short-Run Fiscal Effects Of Expanding Michigan's Preschool Program To Be Universal, Timothy J. Bartik

Upjohn Institute Policy Papers

This policy paper provides some updated estimates of the short-run fiscal effects of expanding Michigan’s state-funded preschool program, the Great Start Readiness Program (GSRP), to encompass universal access for Michigan’s four-year-olds. This is an update to Policy Paper No. 2025-034, which analyzed the economic and fiscal effects of Michigan’s current GSRP program as compared to the state having no program. The update takes advantage of a high-quality recent study of the economic effects of universal preschool programs in nine states, authored by Jackson, Turner, and Bastian (2025). Using the estimated economic effects of universal preschool from this recent study, …

Effects Of Fair Workweek Laws On Labor Market Outcomes, Joseph Pickens, Aaron Sojourner

Upjohn Institute Working Papers

This paper models fair workweek regulations that require employers to provide employees with (1) schedule predictability via advance notice of their work schedule and premium payments for short-notice changes, and (2) access to hours meaning they must offer open hours to existing employees before hiring new workers. We develop a theoretical model of employers’ responses to these provisions and their implications for employment. Guided by the model, we estimate the effects of recently-adopted fair workweek regulation in New York City’s fast-food sector using a synthetic difference-in-differences design. We find a null employment effect.

Every Step You Take: Securing Employees' Location Data Privacy, Elizabeth A. Brown, Matthew M. Cummings

Minnesota Journal of Law, Science & Technology

No abstract provided.

Surpassing Bostock: Sec Filing Deficits Mask Prevalence Of Lgbtq+ Workplace Discrimination In Big Tech, Clovia Hamilton, Eric Sader, Benjamin Ale-Ebrahim

Minnesota Journal of Law, Science & Technology

No abstract provided.

Introduction: Christie Symposium On Law And Labour Market Inequality, Liam Mchugh-Russell

Dalhousie Law Journal

No abstract provided.

Racial Capitalism, Neocolonial Wealth Transfer, And Canadian International Student Policy, Vincent Wong, Arman Sohi

Dalhousie Law Journal

This paper examines historical and contemporary trends in Canadian international student policy through the lens of racial capitalism, arguing that current policy facilitates a significant neocolonial wealth transfer from Global South families to Canada through processes of expropriation, exploitation, and expulsion. It argues that discriminatory tuition fees effectively function as “education head taxes”, which extract billions of dollars annually from international students. Meanwhile, “gauntlets” to permanent residency have emerged in an immigration landscape where working class migrants have narrower options to regularize, creating a system of labour exploitation where student-labourers face precarious conditions and structural indebtedness. Finally, the constant threat …

The Crucial Role Of Insolvency Law In Job Creation And Preservation, Andrés F. Martínez, Aurelio Gurrea-Martinez, Harish Natarajan

Research Collection Yong Pung How School Of Law

When companies face financial trouble, potential job losses can be a major risk for people and—depending on the size of the company or industry in trouble—a risk to local or national economies. An efficient insolvency system can mitigate this risk while contributing to the creation of more and better jobs. As jobs are the most critical tool in fighting poverty, a better understanding of the effects of insolvency law on employment is vital for development work.

The Special Provisions For The Establishment Of Public Office In Palestine, Fade Alawneh, Osama Darraj

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This research, whose topic is the provisions related to the establishment of the public office in Palestine, dealt with the subject of the most important basic legal rules for the establishment of the public office, whether these rules relate to the establishment of this job, starting from the competent authorities to create the job, represented in the Legislative Council or the executive authority competent to follow up the administrative formations and the public job in all its stages, This study also dealt with the methods of establishing the public office and the specificity of each of these methods. Also, this …

Dismissing Human Trafficking: Forced Arbitration Of Survivors’ Civil Suits, Annie Smith, Daniel Werner

Villanova Law Review (1956 - )

No abstract provided.

A Beacon Trying To Signal Heading: The Ninth Circuit Interprets The California Whistleblower Protection Act In Killgore V. Specpro Professional Services, Llc, Naseem Memari

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Visa To Stay: Immigration Reform For International Students In The United States: From Contractual Limits To Affiliation-Based Opportunities, Jeanette Subkhanberdina

Brooklyn Journal of International Law

International student mobility is a vehicle of globalization in today’s world, with a significant rise in students pursuing higher education abroad over the past two decades, reaching approximately 6.9 million globally. Regardless of personal motivations, the decision to study abroad rests in a careful evaluation of whether long-term rewards outweigh the short-term sacrifices these students make. For students looking to build a professional foundation and immerse themselves in the culture of the country in which they study, few long-term rewards are more appealing than having their student visas serve as a pathway to permanent residency. Determining who may be granted …

Employee Speech V. Workplace Values: A Defense Of At-Will Employment And Private Employer Regulation Of Political Speech, Isaac Mamaysky

Duke Law Journal Online

The public policy underlying at-will employment—and particularly our collective interest in freedom of choice in the employment relationship—weighs in favor of allowing employers to regulate their employees' political activities and thus align personnel decisions with organizational values.

Beginning with an exploration of the laws that somewhat limit employers' ability to regulate their employees' political activities, this Essay considers the National Labor Relations Act, Title VII of the Civil Rights Act, state anti-discrimination laws, state laws governing captive audience meetings, and state employment protections for political activity.

This Essay applies these laws to three increasingly prevalent employer practices: (1) prohibiting employees …