Whither Wagner? Reconsidering Labor Law and Policy Reform
By Sara Slinn. Full text here. Although Canada and the United States have both adopted labor relations legal frameworks based on the Wagner model, labor relations have played out very differently in the two countries. This is particularly evident in the countries’ divergent trajectories of changing union density. In recent decades the United States has experienced…
Continue ReadingLabor’s Soft Means and Hard Challenges: Fundamental Discrepancies and the Promise of Non-Binding Arbitration for International Framework Agreements
By César F. Rosado Marzán. Full text here. Globalization has led to union decline almost universally across the world’s capitalist democracies. But despite globalization, global labor unions have been able to sign International Framework Agreements (IFAs) with more than 110 multinational corporations that cover about 9 million workers, excluding contractors and suppliers. IFAs are agreements signed…
Continue ReadingTrilogy Redux: Using Arbitration to Rebuild the Labor Movement
By Ann C. Hodges. Full text here. The Supreme Court is in the midst of a revolution in arbitration jurisprudence comparable to that reflected in the Steel-workers Trilogy in 1960. While the Trilogy was hailed as a major accomplishment in labor relations, the current revolution is devastating the rights of nonunion workers and consumers. The Court’s…
Continue Reading“Easy In, Easy Out”: A Future for U.S. Workplace Representation
By Samuel Estreicher. Full text here. This paper proposes an amendment to our basic labor laws that I call “easy in, easy out.” Essentially, representation elections—secret-ballot votes to decide whether employees want union representation and whether they want to be represented by the particular petitioning labor organization(s)—in relatively broad units, would, over time, become automatic. Every…
Continue ReadingNote: Changing Course to Navigate the Patent Safe Harbor Post-Momenta
By Emily M. Wessels. Full text here. The patent safe harbor, 35 U.S.C. § 271(e)(1), codifies an exception to the general concept of patent exclusivity that excuses entities from infringement liability for activities reasonably related to submitting information under federal laws that regulate drugs. For the past three decades, this provision has operated in a pharmaceutical…
Continue ReadingNote: Status Update: Adapting the Stored Communications Act to a Modern World
By Jake Vandelist. Full text here. This Note addresses the Stored Communications Act’s application to civil discovery. Congress passed the Stored Communications Act in 1986 to extend Fourth Amendment protection to electronic communications and remote computing. Congress never intended for the SCA to limit civil discovery of these communications, however, judges have expanded the SCA’s scope…
Continue ReadingNote: That’s Not on the Table: Why Employers Should Pay for the Walk from the Locker Room to the Work Station
By Emily E. Mawer. Full text here. The Fair Labor Standards Act requires employers to pay their employees continuously throughout the day, even for activities such as travel time, which may not be considered work. However, § 203(o) of the statute provides an exception to that obligation. The provision states that if the employer has established…
Continue ReadingSlutwalking in the Shadow of the Law
By Deborah Tuerkheimer. Full text here. This Article examines the convergence of two seemingly contradictory developments. One is the widespread rape of women by acquaintances, dates, and intimates, mostly without legal recourse. The other is the emergence of a generation of women who embrace a pro-sex orientation and define their sexualities accordingly. To date, legal theorists…
Continue ReadingFamily Assimilation Demands and Sexual Minority Youth
By Orly Rachmilovitz. Full text here. In recent years, legal scholars have paid considerable attention to the social and legal pressures to assimilate into mainstream culture that minority groups experience (“assimilation demands”) in the public sphere. Commentators have written about assimilation demands on sexual minority identities in politics, the workplace, schools, and in communities of color.…
Continue ReadingSubstituted Compliance and Systemic Risk: How to Make a Global Market in Derivatives Regulation
By Sean J. Griffith. Full text here. International financial regulators have sought to contain the systemic risk of OTC derivatives transactions by introducing mandatory clearing. In the absence of a global financial regulator, however, this regulatory approach must be implemented by national actors. Fearing the prospect of regulatory arbitrage, regulators have sought to impose global uniformity…
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