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Achieving the Achievable: Realistic Labor Law Reform
Get PDFA common reprise among labor activists and scholars has been that for the fortunes of labor to change, the law must change. Prompted perhaps by a seeming surge in labor movement activity over the past few years, including headline-grabbing strikes and recent union victories at several U.S. Starbucks locations, various labor law activists and scholars have called to seize the moment and proposed the enactment of comprehensive labor law reform. We argue in this Article that broad-scale labor law reform is unlikely to be enacted by the current U.S. Congress or even have all its provisions pass muster when potentially challenged in the current U.S. Supreme Court. Thus, after a brief review of labor history/legislation, and an examination of the limits of the law in the workers\u27 rights area, we advance a set of three modest reform proposals that we argue have the potential of being both achievable and impactful. They are: (1) increasing the use of mail balloting in NLRB representation elections, (2) implementing NLRB-sponsored debates to be held at neutral locations during labor representation campaigns, and (3) exploring the potential greater use of labor neutrality agreements
Testing For Disguised Dividends In Compensation For Employee-Shareholder Of Closely Held Corporations: An Analysis Of Federal Court Testing Regimes and Their Impact On The Predictability of Outcomes
Get PDFThe Internal Revenue Code generally allows for a corporation to deduct compensation paid to its employees. However, in a closely held corporation, where an employee is also a controlling shareholder, compensation paid to the employee-shareholder may be characterized as nondeductible dividends. This paper analyzes the major testing regimes used by the federal circuit courts to test for nondeductible dividends in compensation paid to employee-shareholders of closely held corporations. Further, this paper analyzes whether any of the federal testing regimes provide for more predictable outcomes to both the Internal Revenue Service and taxpayers. Finally, this paper explores whether new regulations would assist corporate taxpayers in the structuring of executive compensation plans for its employee-shareholders, as well as the impact of recent changes to the Internal Revenue Code
Biotech Patent Eligibility: Why we Care about Conventionality
Get PDFWhile the cfDNA advancements of CareDx hold significant promise and life saving potential in the field of molecular diagnostics, the Federal Circuit’s decision in CareDx, Inc. v. Natera, Inc. to invalidate the patent was justifiable. The court correctly held that these inventions were directed to a natural phenomena and combined conventional techniques. The foundation of the patent system does not motivate these federally funded academic innovations and risk unwarranted high healthcare costs. With the recent White House mandate requiring tax payer funded research to be publicly available, there is also less risk for the use of trade secrets in these types of academic innovations
Can a Homeowner Benefit Agreement Run with the Land to Bind Successors?
Get PDFLaws governing the enforceability of brokerage contracts are largely uniform and provide stable outcomes in the event of broker or client breach. Brokerage contracts reflect a hybrid of property and contract law principles that work to provide predictabl
The End of An “Eras?” Antitrust Law and Policy Making a Drastic Change in Live Entertainment Ticketing?
Get PDFDisaster struck for many Taylor Swift fans as Ticketmaster’s system crashed, causing turmoil amongst consumers searching for tickets to Swift’s Eras Tour. This crash led to an outcry for change to create a better live entertainment industry. Congress, courts, consumers, competitors, and legal scholars have responded by proposing numerous potential solutions. Bipartisan and public perception have pointed primarily in one direction: antitrust law and policy. In the wake of over 100 years of antitrust legislation and jurisprudence, Live Nation Entertainment, Inc. has sparked a call for the use of Title 15 of the United States Code to remedy problems in the live entertainment industry. This article analyzes the situation under those same antitrust principles, but posits that, while antitrust law may provide a long-term solution, a short-term solution may promote the same policies with which antitrust law is concerned
Pay to Play or Get Rich Quick: A Look at Litigation Finance in the United States.
Get PDFLitigation Finance is a practice in which financial investors purport to help individuals gain access to the court system. While nearly all litigation investors claim to be funding a noble cause, there is no denying that these investors are profiting from lawsuits. This article addresses the practice of litigation financing in the United States by analyzing state and federal laws regarding the practice and by using empirical data to determine whether litigation financing has in fact increased access to the courts. It concludes that regulations in the practice of litigation financing are absolutely required and that perhaps access to the courts has not increased despite the litigation finance industry’s exponential growth in the recent years
The Respect for Marriage Act: Living Together Despite Our Deepest Differences
No full textThe recently enacted Respect for Marriage Act is important bipartisan legislation that will protect same-sex marriage should the Supreme Court overrule Obergefell v. Hodges. And it will protect religious liberty for traditional beliefs about marriage. The Act has been attacked by hardliners on both sides. We analyze the Act section by section, showing how it works, why it is constitutional, and why it does not do the many things its critics have accused it of.The Act requires every state to recognize same-sex marriages performed in other states. If Obergefell were overruled, Congress would have no authority to require each state to license same-sex marriages within its borders. By invoking the Full Faith and Credit Clause, Congress did all that it could for same-sex couples.The Act protects religious liberty with congressional findings, rules of construction, modest new substantive protections, and a limitation on the Act’s reach: only persons acting under color of state law are required to recognize sister-state marriages. The Act specifically addresses the fear that conservative religious entities could lose their federal tax-exempt status.The Act is a model for pluralistic approaches that protect both sides in the culture wars. State legislatures have passed many gay-rights bills with protections for religious liberty. Neither side has been able to pass gay-rights bills without such protections, or absolute religious liberty bills with no allowance for gay and lesbian rights. The Respect for Marriage Act is an encouraging return to the practice of protecting liberty for all Americans—both the LGBTQ community and the conservative religious community
Burning Questions: Changing Legal Narratives on Cannabis in Indian Country
Get PDFIn the not-so-distant past, thoughts of Cannabis legalization in the United States were radical. In the present day, the narratives around Cannabis are changing. The term “present day” affixes this Article to early 2023, a snapshot in time. To understand the current legal narratives surrounding Cannabis, and what they might become in the future, it is important to examine the history of Cannabis law and policy in United States. This Article begins by discussing Cannabis regulation in the United States, from the rise of federal regulation to the gradual deregulation by states with tacit federal consent. The Article then examines the jurisdictional conflicts between tribes and states for tribes that attempt to decriminalize Cannabis on the reservation with specific attention paid to enforcement of criminal laws on reservation, regulation of commercial activity, and regulations regarding cannabis research in Indian Country. This Article then examines the recent marijuana policy statement issued by the Biden administration and current Congressional activity, including their possible implications for Cannabis in Indian Country and issues to watch. Finally, this Article concludes with a call to recognize the self-determination of tribes in establishing and enforcing their own Cannabis policies on reservation land
