Employment Law

Kathleen Carlson, Social Media and the Workplace: How I Learned to Stop Worrying and Love Privacy Settings and the NLRB

Social media has permeated every aspect of society. The use of social media can easily lead to issues in an employment law context when employees suffer adverse employment actions based on the information they choose to share via their personal social media websites. Today’s laws concerning online privacy are in a nebulous state and have […]

Hari M. Osofsky, Multidimensional Governance and the BP Deepwater Horizon Oil Spill

63 Fla. L. Rev. 1077 (2011)| | | ARTICLE :: This Article explores the governance challenges posed by the BP Deepwater Horizon oil spill and proposes strategies for developing more inclusive, responsive institutions to help meet them. It begins by analyzing the incident through five core dimensions-vertical, horizontal, direction of hierarchy, cooperativeness, and public- private-to […]

Kimon Korres, Bankrupting Bankruptcy: Circumventing Chapter 11 Protections Through Manipulation of the Business Justification Standard in § 363 Asset Sales, and a Refined Standard to Safeguard Against Abuse

63 Fla. L. Rev. 959 (2011)|  | | NOTE :: Of the twenty largest public company bankruptcy filings from 1980 to the present, seventeen have taken place since 2001, and ten of those seventeen were filed between March of 2007 and August of 2009. One such example is In re Chrysler LLC, in which Chrysler, on […]

Heather Reynolds, Irreconcilable Regulations: Why the Sun Has Set on the Cuban Adjustment Act in Florida

63 Fla. L. Rev. 1013 (2011)|  | | NOTE :: Just past midnight, four Cubans walked off the beach in the dark and began to wade through warm waves out into the Florida Straits. They walked nearly a mile in waist-high water, carrying all of their possessions above their heads. They knew to stop when they […]

Susan D. Carle, A Social Movement History of Title VII Disparate Impact Analysis

63 Fla. L. Rev. 251 (2011)| | | | ABSTRACT :: This Article examines the history of Title VII disparate impact law in light of the policy and potential constitutional questions the Court’s recent decision in Ricci v. DeStefano raises. My analysis shows that, contrary to popular assumptions, disparate impact doctrine was not a last-minute, […]

Jeannette Cox, Disability Stigma and Intraclass Discrimination

62 Fla. L. Rev. 429 (2010) |   |   |   | ABSTRACT :: By dramatically enlarging the Americans with Disabilities Act’s (ADA) protected class, the recent amendments to the ADA increase the opportunities for employers to replace one member of the ADA’s protected class with another. Although disparities in the social stigma associated […]