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Current Issue
Jan. 2013, Vol. 65, No. 1
Articles
David Haddock, Tonja Jacobi, & Matthew Sag, League Structure &Stadium Rent Seeking— the Role of Antitrust Revisited
Steven J. Cleveland, Resurrecting Deference to the Securities and Exchange Commission: Mark Cuban Trading on Inside information
Janai S. Nelson, The First Amendment, Equal Protection and Felon Disenfranchisement: A New Viewpoint
Sergio J. Campos, Erie as a Choice of Enforcement Defaults
Hanah Metchis Volokh, Constitutional Authority Statements in Congress
Sapna Kumar, The Accidental Agency?
Christian Turner, State Action Problems
Category Archives: Employment Law
Carole J. Buckner, Due Process in Class Arbitration
58 Fla. L. Rev. 185 (2006) | | | | INTRODUCTION :: The ubiquity of arbitration clauses in consumer and employment agreements and the Supreme Court’s plurality opinion in Green Tree Financial Corp. v. Bazzle, which implicitly permitted class arbitration, … Continue reading
Posted in Attorney Practice, Civil Procedure, Employment Law, Fourth Amendment, Labor & Employment Law, Uncategorized
Tagged absent class members, adjudication, American Arbitration Association AAA, arbitrations, Bazzle, Buckner, class action judgments, collateral attack, consumer agreements, Dispute-system design, due process protocol, employment agreements, FAA, Federal Arbitration Act, Green Tree Financial Corp. V. Bazzle, JAMS, litigation, non-class arbitration, state action, Ubiquity of Arbitration clauses
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Craig Robert Senn, Knowing and Voluntary Waivers of Federal Employment Claims: Replacing the Totality of Circumstances Test with a “Waiver Certainty” Test
58 Fla. L. Rev. 305 (2006) | | | | INTRODUCTION :: Suppose you own a company and you decide to terminate an employee. Other employees have unsuccessfully sued your company for federal employment discrimination, and you want to avoid … Continue reading
Posted in Attorney Practice, Contract Law, Discrimination Law, Employment Law, Labor & Employment Law, Uncategorized
Tagged ADA, ADEA, Age Discrimination in Employment Act, agreement, Americans with Disibilities Act, attorney consultation, circuit split, Civil Rights Act, employee dependent factors, employee's education, employees business experience, employer controlled factors, employment, Federal Employment Claims, federal employment discrimination, Knowing and Voluntary Waiver, older workers benefit protection act, OWBPA, Senn, severance compensation, Title VII, Totality of Circumstances, Waiver Certainty
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John H. Rains IV, Searching for Fairness in all the Wrong Places: Valuing the Pension Benefit Guaranty Corporation’s Unsecured Claim in Bankruptcy
58 Fla. L. Rev. 1107 (2006) | | | | INTRODUCTION :: Imagine waking up to this headline: “Major American Corporation Seeks Bankruptcy Protection.” Amid concern over lost jobs, reduced benefits for current employees, dramatic changes in stock prices, protracted … Continue reading
Posted in Bankruptcy, Employment Law, Pensions and Benefit Law, Uncategorized
Tagged 109th Congress, 401k, Bankruptcy, bankruptcy system, current employers, Fairness, Pension Benefit Guaranty Corporation, Pension Benefits, pension guaranty system, pension liability, protracted litigation, Rains, Social Security, stock prices, unsecured claim, Valuation methods, valuation regulation
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Linda Kelly Hill, The Feminist Misspeak of Sexual Harassment
57 Fla. L. Rev. 133 (2005) | | | | INTRODUCTION :: Feminism is out of control. I recently attended an academic conference on domestic violence where, as usual, the speakers and the audience were virtually all women. As is … Continue reading
Posted in Criminal Law, Criminal Procedure, Employment Law, Jurisprudence, Labor & Employment Law, Uncategorized
Tagged Catharine MacKinnon, debate, domestic violence, Elimination, female aggressors, feminism, Feminist, feminist shape of sexual harrassment, FSB v. Vinson, gender issues, hegemonic strength, Hill, Hostile working environment, male victims, Meritor Savings Bank, Misspeak, opposite-sex, same sex cases, self-annihilation, sexism, Sexual Harassment, skeptcism, third wave
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Baher Azmy, Squaring the Predatory Lending Circle: A Case for States as Laboratories of Experimentation
57 Fla. L. Rev. 295 (2005) | | | | INTRODUCTION :: Like obscenity, “predatory lending” in the home-mortgage market eludes a precise or uniform definition; the phenomenon instead frequently evokes an “I know it when I see it” understanding … Continue reading
Posted in Employment Law, Labor & Employment Law, Property Law, Uncategorized
Tagged abusive practices, banking industry, Brandeis, elderly, Engel, federal preemption, federal regulators, finance companies, homeowners, Laboratories of Expermentation, Legislators, lending abuses, lending impact, McCoy, minority, mortgage brokers, mortgage products, overregulation, Predatory Lending Circle, preempt state laws, regulatory responses, residential mortgages, securitization, state law, subprime credit, subprime lending market, twenty-six, uncrupulous, uniform definition, unreasonable cost, vulnerable lo-income
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