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Deconstructing Business Law Center Design, Mission, and Innovation
Get PDFThis article identifies the mission, goals, and objectives in Law Centers and provides insights and a taxonomy on the distinct types of Law Center offerings. Next, the article offers a toolkit of ideas to advance stakeholder knowledge, skills, and learning outcomes. Further, the article sets forth a Law Center case study, dis-cussing the Loyola University Chicago Center for Business Law’s design, mission, goals, objectives, and programs. This article recommends that Law Centers reassess their mission, goals and objectives and re-consider enhancing their impact on corporate governance and the emerging local, national, and global issues. There is no better time for innovation. While this article examines frameworks through the lens of business-oriented law centers, the information provides useful guidance for law centers in general
Escaping Arbitration and Class Action Waivers for Harassment Because of Pregnancy, Sexual Orientation or Gender Identity
Get PDFIn 2022, Congress amended the Federal Arbitration Act (FAA) through the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. This amendment is being abbreviated to a rather clumsy acronym: EFASASHA. EFASASHA allows a person alleging sexual harassment or sexual assault to invalidate certain arbitration agreements and joint-action waivers. Congress passed the Act in response to testimony in which workers alleged that serial sexual harassment and assault continued because workers\u27 claims were forced into private arbitration and could not be publicly adjudicated.
This Essay argues that the language that Congress used in EFASASHA is much broader than its title and underlying rationale suggest. EFASASHA not only applies to harassment that is sexual in nature, it also applies to sex-based harassment, as well as harassment because of pregnancy, sexual orientation, and gender identity. EFASASHA does not independently define the term sexual harassment, but instead defines it by reference to federal and state law. Federal discrimination jurisprudence uses the term sexual harassment to encompass these concepts and thus EFASASHA does as well.
This Essay comes at an important time because no court has yet ruled on how to define sexual harassment under EFASASHA. It is vitally important that courts understand how the term sexual harassment in EFASASHA intersects with Title VII jurisprudence defining that term. Courts should interpret EFASASHA consistent with Title VII and its interpretive case law.
This Essay begins with a brief history of the Federal Arbitration Act and EFASASHA. It then demonstrates how the term sexual harassment in Title VII jurisprudence embraces sexualized harassment, sex-based harassment, pregnancy harassment, and harassment because of sexual orientation and gender identity. It argues that interpreting EFASASHA to include these types of harassment is not only consistent with the statute\u27s text, but is also the best way to proceed practically and normatively
How Can International Commercial Courts Become an Attractive Option for the Resolution of International Commercial Disputes?
Get PDFArbitration has dominated the landscape of the resolution of international commercial disputes (that is, private disputes involving transnational connections). Nevertheless, the last fifteen years have witnessed a proliferation in the establishment of new commercial courts in several countries, with the aim of attracting international commercial disputes. This article makes the novel argument that such attempts are unlikely to render adjudication an attractive alternative to arbitration. For the new international commercial courts to fully realize their potential and produce a sustainable market of adjudication, some mechanism is needed to secure the enforceability of jurisdiction clauses and the judgments delivered by courts in other jurisdictions
Selections from The Civil Right to Keep and Bear Arms: Federal and Missouri Perspectives (2023 Edition)
Get PDFThis work contains two chapters from a longer work titled The Civil Right to Keep and Bear Arms: Federal and Missouri Perspectives (2023 Edition). The included chapters address two subjects. First, the chapters address application to select circumstances of the principles adopted in New York State Rifle & Pistol Ass\u27n, Inc. v. Bruen, 142 S. Ct. 2111 (2022). Those include (i) non-temporary governmental seizure or retention of individual arms (in contrast to a ban on all a subject\u27s firearms possession and seizures in Terry stops); (ii) changes in Federal regulation mandating indefinite records retention by dealers; (iii) disabilities arising from non-violent criminal convictions; (iv) State restrictions on licensure of non-residents; and (v) prohibitions on standard-capacity magazines. Second, the chapters address the general contours of firearms restrictions under Missouri law
Have Your Cake and Eat It Too (Unless You Are Danny Brock): The Irony of Missouri’s Co-Employee Liability Statute
Get PDFApril 30, 2013, started like any other day for Danny Brock. Like each day before, he woke up, drove to work, and clocked in. A few hours later, he looked down to see his thumb completely detached from his hand, barely hanging on by the skin. When the injury occurred, Brock was following direct orders from his supervisor, Mark Edwards. Citing safety concerns, Brock opposed the request. But Edwards demanded that Brock proceed. Fearing loss of employment, Brock did as he was told. As predicted, injury ensued. Within seconds, Brock’s hand was crushed. Brock underwent three surgeries and sustained permanent nerve and structural damage to his hand. Today, Brock still suffers from chronic pain and is permanently restricted from doing any heavy labor
All Aboard? Missouri Statute Risks Failing to Protect Consumers from Hidden Fees and Deceptive Practices of Prominent Companies
Get PDFAt some point, every consumer has bought something and then found themselves surprised by the hidden fees and countless documents that must be signed as part of the purchase. It may even lead to some level of buyer’s remorse. However, it is not often that buyer’s remorse gives rise to a class action lawsuit brought by over 100,000 consumers against an affiliate of one of Missouri’s largest private corporations. Consumers, such as Robert and Janet McKeage, are often forced to choose between holding retailers accountable for their deceitful practices or paying increased transaction costs when dealing with Missouri retailers. With some of Missouri’s bordering states having more comprehensive unauthorized practice of law statutes and punishments, Missouri’s General Assembly should reevaluate the state’s own laws in light of a movement toward enhanced consumer protection laws. Sections 484.010 and 484.020 of the Missouri Revised Statutes define what conduct constitutes the practice of law, who is authorized to practice law, and what punishments are levied against anyone engaging in the unauthorized practice of law. If the General Assembly does not act, retailers, such as TMBC, LLC, may be enticed to continue deceitful business practices such as profiting off of unlawful charges and hidden fees
The Duality of Variance Among ESG Assessments
Get PDFAs more attention is given to environmental, social, and governance (“ESG”) considerations of firms, ESG data and ratings providers are serving an increasingly important function in the corporate discourse. It is reported that there were more than 160 ESG data and ratings providers in 2020, and more than 600 ESG ratings and rankings products available globally as of 2018. Even as the ESG provider and product markets have grown exponentially, however, the lack of ESG data has been cited as an impediment to a broader embrace of the ESG movement. One source of this perception of inadequacy originates from the widely reported variance among ESG assessments. Variance among assessments may be a source of concern if it results from inconsistent application of methodologies, poor quality data, conflicts of interest, error, prejudice, or bias. At the same time, convergence is not necessarily a proxy for reliability and may itself also be the product of inflation, laxity, groupthink, or monopolistic market conditions. This was the case with the credit ratings of structured finance products during the 2007–2008 period, which were highly convergent, yet were later found to have been inflated and believed to have been the catalyst of one of the most devastating financial recessions in recent history. It is this duality of variance among assessments, that they can be both harmful and desirable, and the implications of this duality on the ESG movement, that are the subject of this Article. The Article provides an analytical and regulatory framework that can be used to identify and mitigate harmful forms of variance nd convergence among ESG assessments
A Duty to Impeach: Libel and Modern Liberalism after Dobbs
Get PDFThe conservative legal establishment is waging war on modern liberalism with Dobbs v. Jackson Women’s Health Organization marking its most recent victory. Against this backdrop, this Article contends that attacks from the right on New York Times Co. v. Sullivan—the Court’s defining First Amendment decision that places political speech at the center of free speech doctrine—are motivated not by bona fide doctrinal disagreements but rather the cynical belief that the specter of defamation liability unrestrained by Sullivan will silence political opponents and, in turn, hasten the end of modern liberalism. So while the battle over Sullivan may not have the same partisan salience as attacks on Roe v. Wade, the political implications of overruling Sullivan are nevertheless vast