How The Meaning Of Incorporation Over Time Lends Support For Corporate Free Exercise Rights,
2014
University of Georgia School of Law
How The Meaning Of Incorporation Over Time Lends Support For Corporate Free Exercise Rights, Emily C. Cook
Georgia Law Review
Incorporated churches, mosques, synagogues, and the like enjoy the same protection as individuals under the Free Exercise Clause of the First Amendment. What about corporationsthat strive to follow religiousprinciples while earning profits? Do these corporations possess free exercise rights? This question has surfaced in response to a provision in the Affordable Care Act requiring employment- based group health plans to provide health insurance coverage for certain FDA-approved contraceptive methods. Numerous for-profit corporations that adhere to religious faiths that consider these contraceptive methods sinful have challenged the ACA provision as an undue burden on their free exercise because it forces them …
Where Do We Go Now? The Uncertain Future For 29 U.S.C. § 1301(B)(1), Private Equity Funds, And Multiemployer Pension Plans After Sun Capita,
2014
University of Georgia School of Law
Where Do We Go Now? The Uncertain Future For 29 U.S.C. § 1301(B)(1), Private Equity Funds, And Multiemployer Pension Plans After Sun Capita, Crighton T. Allen
Georgia Law Review
The United States faces a growing problem concerning corporate indebtedness to pension plans, specifically, multi-employer pension plans (MEPPs). MEPPs are group pension plans in which a number of employers join together to contribute to a fund benefitting all employees of the participating companies. If an employer seeks to withdraw from a MEPP by ceasing to contribute into it, the company faces a withdrawal penalty-its proportionate share of the plan's vested but unfunded benefits. The recent decision by the First Circuit in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund has the potential to greatly …
A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa,
2014
Touro Law Center
A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth
Scholarly Works
This Article addresses how courts failed to adequately supervise employers administering pension plans before ERISA. Relying on a number of different legal theories — from an initial theory that pensions were gratuities offered by employers to the recognition that pension promises could create contractual rights — the courts repeatedly found ways to allow employers to promise much and provide little to workers expecting retirement security. In Section III, this Article addresses how Congress failed to create an effective structure for strong bureaucratic enforcement and the bureaucratic agencies with enforcement responsibilities failed to fulfill those functions. Finally, in Section IV, this …
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association,
2014
Marquette University Law School
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew Parlow
Oklahoma Law Review
By most accounts, the National Basketball Players Association (NBPA)—the union representing the players in the NBA—conceded a significant amount of money and other contractual terms in the new ten year collective bargaining agreement (2011 Agreement) that ended the 2011 NBA lockout. Player concessions were predictable because the NBA’s economic structure desperately needed an overhaul. The magnitude of such concessions, however, was startling. The substantial changes in the division of basketball-related income, contract lengths and amounts, salary cap provisions, and revenue sharing rendered the NBA lockout—and the resulting 2011 Agreement—a near-complete victory for the owners. Several interpretations have been offered to …
The Ada Amendments Act Of 2008: Why The Qualified Individual Analysis Is The New Battleground For Employment Discrimination Suits,
2014
University of Oklahoma College of Law
The Ada Amendments Act Of 2008: Why The Qualified Individual Analysis Is The New Battleground For Employment Discrimination Suits, Andrew E. Henry
Oklahoma Law Review
No abstract provided.
Trilogy Redux: Using Arbitration To Rebuild The Labor Movement,
2014
University of Richmond
Trilogy Redux: Using Arbitration To Rebuild The Labor Movement, Ann C. Hodges
Law Faculty Publications
This Article analyzes the possibility of creating a program to provide representation to workers bound to arbitrate their legal disputes with their employers, while at the same time building a movement to challenge the practice of compulsory arbitration and its impact on workers' rights. First, I briefly review the Supreme Court's recent arbitration jurisprudence and its impact on workers, with a particular focus on the limitations on class actions. Then I move to a discussion of the advantages and challenges to the creation of such a program. Finally, I examine some alternative visions of what such a program might look …
Not My Job: Determining The Bounds Of Public Employee Protected Speech,
2014
University of Richmond
Not My Job: Determining The Bounds Of Public Employee Protected Speech, Stephen Allred
Law Faculty Publications
This article reviews the Supreme Court’s rulings in public employee free speech cases, discusses the significant departure from precedent that Garcetti made to those cases, summarizes the Court’s most recent ruling in Lane, and argues that the Court should return to the broader standard the Court originally announced in Pickering.
Cultural Determinants Of Workplace Arbitration In The U.S. And Italy,
2014
University of Richmond
Cultural Determinants Of Workplace Arbitration In The U.S. And Italy, Ann C. Hodges
Law Faculty Publications
Although Italy and the United States are both advanced industrial economies, the law and practice of workplace arbitration differs significantly in the two countries. This Article explores those variations and analyzes the reasons lbr the divergent evolution of arbitration. The Article concludes that histon'cal and cultural differences in legal systems and labor and employment relations are explanatory forces. While the United States could provide a more balanced system of arbitration by learning from the Italian systems greater protection of workers, given the current reality neither system seems likely to undergo significant change in the near fiiture.
Inmates For Rent, Sovereignty For Sale: The Global Prison Market,
2014
University of Colorado Law School
Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin
Publications
In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough prisons, whereas the Netherlands had too many prisons and not enough prisoners. The deal has yet to be replicated, nor has it triggered sustained criticism or received significant scholarly treatment. This Article aims to fill this void by examining the exchange and its possible implications for a global market in prisoners and prison space. …
Missing The Forest For The Trees: Gender Pay Discrimination In Academia,
2014
University of Colorado Law School
Missing The Forest For The Trees: Gender Pay Discrimination In Academia, Melissa Hart
Publications
Women in virtually every job category still make less than men. Academia is no exception. This Article will explore some of the structural explanations for this continued disparity and the continued resistance to seriously confronting those structural barriers to equality. Using the still-unfolding story of a charge of discrimination filed against a university, this Article examines the script that has become all-too-familiar in discussions about the gender pay gap, whether in academia or elsewhere. The basic storyline in pay discrimination litigation is this: Evidence is presented about the existence of a gap between men's earnings and women's earnings. The response …
Internships As Invisible Labor,
2014
University of Colorado Law School
The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality,
2014
Osgoode Hall Law School of York University
The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry Arthurs
All Papers
Paper Presented at a workshop on Equality, at the Institute for Advanced Studies, Nantes, France, in June, 2014. Two epidemiological studies — the Whitehall Studies of 1967 and 1988 — famously demonstrated that socio-economic status is a primary determinant of health outcomes. By locating a large cohort of British civil servants on a social-class gradient, researchers were able to show that individuals at successively lower levels on that gradient experienced diminishing prospects of good health and longevity. This conclusion was complemented by subsequent studies that concluded that degrees of inequality in a society — rather than absolute levels of wealth …
Employment-Related Geographic Mobility In Canada And Collective Bargaining: A Report Prepared For The On The Move Partnership Research Team,
2014
Osgoode Hall Law School of York University
Employment-Related Geographic Mobility In Canada And Collective Bargaining: A Report Prepared For The On The Move Partnership Research Team, Eric Tucker, Brendan Breckman Jowett
All Papers
Report prepared for: On the Move, Policy Component, July, 2014.
Summary Of Taylor V. Nev. Dept. Of Health And Human Servs., 129 Nev. Adv. Op. 99,
2013
Nevada Law Journal
Summary Of Taylor V. Nev. Dept. Of Health And Human Servs., 129 Nev. Adv. Op. 99, Whitney E. Short
Nevada Supreme Court Summaries
The Court determined one issue: whether it is within a hearing officer’s duty to determine the appropriate level of discipline and impose that determination.
Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight
Congressional Testimony
Testimony of Professor Jean R. Sternlight to the Senate Judiciary Committee, arguing for the passage of the Arbitration Fairness Act of 2013.
The Plight Of Kenyan Domestic Workers In Gulf Countries,
2013
University of San Francisco
The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru
Master's Theses
Kenya’s economy remains the regional leader within the East African Community (EAC) and among East African countries at large. However, political instability such as the 2007 post-election violence and the region’s social and political instability trickling into Kenya, have negatively affected the country’s economic growth. To bridge the economic gap, Kenyan women are seeking employment in the domestic service sector in the Gulf Countries, with Saudi Arabia being the most popular destination. At their destination countries, some domestic workers are subjected to various forms of abuse by their employers, leaving the worker without recourse due to the lack of legal …
I’M Shocked, Shocked To Find That Politics Is Going On In Here,
2013
West Virginia University College of Law
I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Labor And Employment Law,
2013
Mercer University School of Law
Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii, Alyssa Peters
Mercer Law Review
This Article surveys enacted and pending revisions to the Official Code of Georgia Annotated (O.C.G.A.) and decisions interpreting Georgia law from June 1, 2012 through May 31, 2013.
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws,
2013
Seattle University School of Law
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown
Seattle Journal for Social Justice
No abstract provided.
Union Made: Labor’S Litigation For Social Change,
2013
Seattle University School of Law
Union Made: Labor’S Litigation For Social Change, Charlotte Garden
Faculty Articles
Unions are key repeat players before the Supreme Court. Their involvement extends beyond what one might expect (labor) and extends to key cases involving federalism, discrimination, affirmative action, the First Amendment, and workplace health and safety, among others. Though scholars have written about how other union activity, like collective bargaining, impacts non-union workers, the role and impact of union participation in non-labor litigation has largely been ignored in the public debate over unions in America and in the academic literature about what unions do. This article focuses on unions’ Supreme Court litigation that arises outside of the context of traditional …
