Representing Low-Wage Workers in the Absence of a Class: The Peculiar Case of Section 16 of the Fair Labor Standards Act and the Underenforcement of Minimum Labor Standards
By Craig Becker & Paul Strauss. Full text here.
Continue ReadingMinimum Wages and Low-Wage Workers: How Well Does Reality Match the Rhetoric?
By David Neumark & William Wascher. Full text here.
Continue ReadingNote: To Fix or Not to Fix: Copyright's Fixation Requirement and the Rights of Theoretical Collaborators
By Carrie Ryan Gallia. Full text here. Despite its typical responsiveness to technological advances, copyright law has not kept pace with the emergence of the director as the primary player in American theater, leaving the contributions of this essential, creative artist without recognition or protection. Because work must be original, authored, and fixed to warrant…
Continue ReadingIntegrating Investment Treaty Conflict and Dispute Systems Design
By Susan D. Franck. Full text here. The debate on the renewal of the Trade Promotion Authority Act has brought public scrutiny to the terms of investment treaties—including dispute resolution provisions. In a so-called litigation explosion, investors resolve disputes against host governments through international arbitration mechanisms in investment treaties, and there is little evidence of reliance…
Continue ReadingPunitive Damages and Valuing Harm
By Alexandra B. Klass. Full text here. In 2003, the Supreme Court created a presumption that only single-digit ratios of punitive damages to compensatory damages would satisfy substantive due process limits. The Court also created an exception to this presumption, applicable when the defendant’s misconduct results in only a small amount of compensatory damages or…
Continue ReadingNote: Tax Increment Financing: Public Use or Private Abuse?
By Alyson Tomme. Full text here. In cities across the country, tax increment financing has grown substantially as a tool to promote economic development. Also known as TIF, this public financing method designates an area as a TIF district and subsequently freezes the tax base at a given year’s level. Any tax revenue generated above that…
Continue ReadingPlaying with "Monopoly Money": Phony Profits, Fraud Penalties and Equity
By Craig M. Boise. Full text here. Although most U.S. corporations do not pay federal income taxes, over the last several years some corporations have been willing to report, and shell out to the Treasury, hundreds of millions of dollars in taxes that they did not owe. They did so to conceal the fact that they…
Continue ReadingRetaliation
By Deborah L. Brake. Full text here. This Article takes a comprehensive look at retaliation and its place in discrimination law. The Article begins by examining current social science literature to understand how retaliation operates as a social practice to silence challenges to discrimination and preserve inequality. Then, using the recent controversy over whether to imply…
Continue ReadingLecture, Socratic Method and the Irreducible Core of Legal Education
By Donald G. Marshall. Full text here.
Continue ReadingJustice Holmes, Buck v. Bell, and the History of Equal Protection
By Stephen A. Siegel. Full text here. Most everything Justice Holmes said in upholding eugenic sterilization in Buck v. Bell has been extensively criticized. However, his impatient response to Carrie Buck’s equal protection claim, dismissing it as “the usual last resort of constitutional arguments,” is still believed to be an accurate depiction of the equal protection…
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