A System Of Transnational Business Interactions: The Case Of The Living Wage,
2013
The Peter A. Allard School of Law
A System Of Transnational Business Interactions: The Case Of The Living Wage, David J. Doorey
Transnational Business Governance Interactions Working Papers
The subject of transnational business governance (TBG) interactions is an emerging field of study. These interactions are complex, involving multiple public and private actors crossing vast geopolitical spaces, with sometimes shared, but often conflicting interests. This complexity makes TBG interactions both an exciting new field of inquiry for scholars, but also an extremely challenging one. In these early days of theory development, it is useful to engage in a mapping exercise that will help scholars identify and test the relationships between the many inputs and outputs of TBG interactions. This new systems framework is demonstrated by reference to the complex …
Dellinger V. Science Applications International Corporation: Missing An Opportunity To Expand The Meaning Of "Employee" Under The Fair Labor Standards Act,
2013
University of Maryland Francis King Carey School of Law
Dellinger V. Science Applications International Corporation: Missing An Opportunity To Expand The Meaning Of "Employee" Under The Fair Labor Standards Act, Ashley Sharif
Proxy
No abstract provided.
Christopher V. Smithkline Beecham Corporation: An Unsurprising Loss For Pharmaceutical Sales Representatives And An Erosion Of Power For Administrative Agencies,
2013
University of Maryland Francis King Carey School of Law
Christopher V. Smithkline Beecham Corporation: An Unsurprising Loss For Pharmaceutical Sales Representatives And An Erosion Of Power For Administrative Agencies, Anna Johnston
Proxy
No abstract provided.
Regulation By Amicus: The Department Of Labor's Policy Making In The Courts,
2013
University of Maryland Francis King Carey School of Law
Regulation By Amicus: The Department Of Labor's Policy Making In The Courts, Deborah Thompson Eisenberg
Faculty Scholarship
This Article examines the practice of “regulation by amicus”: that is, an agency’s attempt to mold statutory interpretation and establish policy by filing “friend of the court” briefs in private litigation. Since the United States Supreme Court recognized agency amicus interpretations as a source of controlling law entitled to deference in Auer v. Robbins, agencies have used amicus curiae briefs—in strategic and at times aggressive ways—to advance the political agenda of the President in the courts.
Using the lens of the U.S. Department of Labor’s amicus activity in wage and hour cases, this Article explores the tension between the …
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Kant V. Lexington Theological Seminary,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Kant V. Lexington Theological Seminary, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Immunity Of Trade Unions For Inducing Breach Of Contract: A Study Of The Evolution Of English Law And Its Application In India,
2013
American University Washington College of Law
Immunity Of Trade Unions For Inducing Breach Of Contract: A Study Of The Evolution Of English Law And Its Application In India, Kunal Ambasta
Labor & Employment Law Forum
No abstract provided.
Leave As A Reasonable Accommodation Under The Americans With Disabilities Act,
2013
American University Washington College of Law
Leave As A Reasonable Accommodation Under The Americans With Disabilities Act, Ramit Mizrahi
Labor & Employment Law Forum
No abstract provided.
Sleeping With The Enemy: The Nflpa And Nfl’S Lockout Side-Agreement Subjecting Cedric Benson To A Suspension For His Conduct During The Lockout Violated The Union’S Duty Of Fair Representation,
2013
American University Washington College of Law
Sleeping With The Enemy: The Nflpa And Nfl’S Lockout Side-Agreement Subjecting Cedric Benson To A Suspension For His Conduct During The Lockout Violated The Union’S Duty Of Fair Representation, José Marrero
Labor & Employment Law Forum
No abstract provided.
Mediation By Mass Discharge: How An Obscure Notice Requirement In The Nlra Was Made A Deathtrap For Innocent Strikers,
2013
American University Washington College of Law
Mediation By Mass Discharge: How An Obscure Notice Requirement In The Nlra Was Made A Deathtrap For Innocent Strikers, Mike Lewis
Labor & Employment Law Forum
No abstract provided.
Vol. 30, No. 1,
2013
Chicago-Kent College of Law
Vol. 30, No. 1, Martin H. Malin
The Illinois Public Employee Relations Report
Contents:
Turmoil in Public Sector Labor Law, by Martin H. Malin
Recent Developments
Discrimination Statutes, The Common Law, And Proximate Cause,
2013
University of Cincinnati College of Law
Discrimination Statutes, The Common Law, And Proximate Cause, Sandra F. Sperino
Faculty Articles and Other Publications
The Supreme Court has recently hinted that courts should use proximate cause in Title VII cases. This Article anticipates future judicial forays into this area and argues that proximate cause principles should not be imported into federal discrimination law. This inquiry dovetails into a broader conversation about the proper role of proximate cause in federal statutes, a subject which has produced a fractured jurisprudence.
Courts and commentators have often indicated that employment discrimination law is a tort. While this statement may be true, it is too general to provide guidance on whether to apply proximate cause. It ignores that both …
Litigating The Fmla In The Shadow Of Title Vii,
2013
University of Cincinnati College of Law
Litigating The Fmla In The Shadow Of Title Vii, Sandra F. Sperino
Faculty Articles and Other Publications
The history of Title VII of the Civil Rights Act of 1964 is a history of frameworks. In an almost predictable pattern, the Supreme Court has recognized a category of employment discrimination, and then, either in the same case, or sometime thereafter, created a multi-part test for evaluating it. Congress enacted the Family and Medical Leave Act (FMLA) in 1993, almost 30 years after it enacted Title VII of the Civil Rights Act. This Essay argues that the FMLA is litigated within the shadow of Title VII, as courts routinely apply complex frameworks developed in the Title VII context to …
Could The American Psychiatric Association Cause You Headaches? The Dangersous Interaction Between The Dsm-5 And Employment Law,
2013
Franczek Radelet, PC
Could The American Psychiatric Association Cause You Headaches? The Dangersous Interaction Between The Dsm-5 And Employment Law, Douglas A. Hass
Loyola University Chicago Law Journal
No abstract provided.
Reflections On The Nlrb's Labor Law Jurisprudence After Wilma Liebman,
2013
St. John's University School of Law
Reflections On The Nlrb's Labor Law Jurisprudence After Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret
Loyola University Chicago Law Journal
No abstract provided.
Until Men Bear Children, Women Must Not Bear The Costs Of Reproductive Capacity: Accommodating Pregnancy In
The Workplace To Achieve Equal Employment
Opportunities,
2013
Pacific McGeorge School of Law
Until Men Bear Children, Women Must Not Bear The Costs Of Reproductive Capacity: Accommodating Pregnancy In The Workplace To Achieve Equal Employment Opportunities, Maryn Oyoung
McGeorge Law Review
No abstract provided.
Accommodating Labor And Antitrust,
2013
SJ Quinney College of Law, University of Utah
Accommodating Labor And Antitrust, Stephen F. Ross
Utah OnLaw: The Utah Law Review Online Supplement
Short of its two critical premises—that sports labor restraints may harm players but benefit fans and the sport’s popularity, and that the Sherman Act must always step aside to protect the “entire collective bargaining process”—Professor LeRoy’s thorough research loses much of its normative force. This provocative contribution is particularly revealing in one respect that he does not explicitly mention, however, akin to Sherlock Holmes’ famous insight that the telling clue was that the sleeping dog did not bark.34 All of the lawsuits Professor LeRoy studied involved challenges by union-represented players; none involved challenges by the principal beneficiaries of the Sherman …
A Minor Problem With Arbitration: A Proposal For
Arbitration Agreements Contained In Employment
Contracts Of Minors,
2013
Northern Kentucky
University, Salmon P. Chase College of Law
A Minor Problem With Arbitration: A Proposal For Arbitration Agreements Contained In Employment Contracts Of Minors, Richard A. Bales, Matthew Miller-Novak
McGeorge Law Review
No abstract provided.
Cyberfrontier: New Guidelines For Employers Regarding Employee Social Media,
2013
Pacific McGeorge School of Law
Cyberfrontier: New Guidelines For Employers Regarding Employee Social Media, Michelle Scheinman
McGeorge Law Review
No abstract provided.
Chapter 287: Religious Accommodation For Employees,
2013
Pacific McGeorge School of Law
Chapter 287: Religious Accommodation For Employees, David Vidal
McGeorge Law Review
No abstract provided.
The Catch-22 Of Ada Title I Remedies For Psychiatric
Disabilities,
2013
Pacific McGeorge School of Law
The Catch-22 Of Ada Title I Remedies For Psychiatric Disabilities, Andrew Hsieh
McGeorge Law Review
No abstract provided.
