I. Introduction

In February 2008, when the Writers Guild of America (WGA) ended the acrimonious three-month strike that crippled American television production, a sense of relief spread throughout the entertainment industry.[1] Hollywood studios had achieved three years of labor peace with writers, television production would resume, and the Oscars could air undisturbed.[2] Any feelings of elation were short-lived, however, as the industry collectively turned its head toward the impending expiration of the Screen Actors Guild (SAG) contract that summer.[3] Despite the express desire of both parties to avoid a reprise of the writers’ strike, the June 30 expiration date came and went without a new agreement between SAG and the Alliance of Motion Picture and Television Producers (AMPTP).[4] SAG members have now been working under an expired contract for over seven months, with the threat of another strike persistently looming.[5] Further complicating matters has been a power struggle between hardliners and moderates within the ranks of SAG, which has lead to a legal battle over the attempted ouster of SAG’s Executive Director, chief negotiator, and strike-proponent Doug Allen.[6] [More]

I. Introduction In today's economical climate, the excitement of finding a new job can be overwhelming. Additionally, In the rush of starting work, it is easy to skim the fine print of a contract without fully understanding its terms. Non-compete agreements in employment contracts can cause much unnecessary and hardship on an individual once that individual chooses to switch jobs. Additionally, while it may seem unintuitive that an individual cannot use skills learned at one job to advance his career at another job, many companies rely on non-compete clauses to limit just that. This article will discuss the non-compete agreements generally, the history of non-compete agreements, and the legal standards state courts use in examining non-compete agreements. It will then discuss how to enforce and contest non-compete agreementsare. Finally, it will conclude by giving advice for the employer or employee who is unsure about how to approach a non-compete agreement. [More]

I. Introduction

On March 7, 2008, the United States Court of Appeals for the Ninth Circuit filed its opinion in the case of International Brotherhood of Teamsters v. North American Airlines. [1] It addressed the question of whether a labor union is entitled to enjoin an air carrier to prevent it from unilaterally altering the working conditions of its pilots, while negotiations for an initial collective bargaining agreement are still pending. [2] The court cited the Supreme Court's interpretation of the status quo provisions of the Railway Labor Act of 1926 in Williams v. Jacksonville Terminal Co., in ruling that unilateral alteration of working conditions are not prohibited in cases where there is no prior collective bargaining agreement, regardless of any pending negotiations. [3] The Teamsters case well illustrates a continuing debate as to whether the Supreme Court's interpretation of the RLA's status quo provisions still adequately serves the RLA's original purpose of promoting peaceable resolution of labor disputes. [More]

I. Introduction

Both the National Football League (“NFL”) and the National Collegiate Athletic Association (“NCAA”) have endured their fair share of high profile coaching defections either from one university to another, university to professional franchise, or professional franchise to university.[1] Among the high profile coaches who have abandoned their respective clubs under contract are Nick Saban, formerly of the Miami Dolphins and currently with the University of Alabama, Bobby Petrino, head football coach at Arkansas via the Atlanta Falcons, and Rich Rodriguez, the freshly minted coach at the University of Michigan.[2] The defections by Saban and Petrino received a fair amount of attention. However, the Rich Rodriguez situation may be enough to scare other high profile coaches from jumping ship too soon. [More]

I. Introduction

The New York Times recently asked, "In today's perpetual workplace, where downtime has merged with work time, where you can carry your office in your pocket, where collars are no longer distinctly blue or white, how does one measure overtime?" [1] Such questions lead to others, concerning the purpose of overtime pay, the reasons for distinguishing between types of employees, and the role the federal government ought to play in resolving the growing inconsistencies and confusion of the complex structure of overtime law. This article examines recent changes to the overtime laws concerning exemption of white-collar workers and any effects, beneficial or burdensome, that they may have on individual workers and the economy as a whole. [More]

I. Introduction

Law firms have adjusted to recent generations of associates that demand a better quality of life in conjunction with their careers. [1] A young lawyer wants it all: a successful career, a family, and time for a social-life outside the office. "Work/life balance" has become a buzzword for firms attempting to recruit the best and brightest. Some firms have responded to the needs of working parents who prioritize childrearing by offering reduced and alternative working schedules. [2] Others allow associates to bill some of their time to pro bono work, which increases the esteem of the profession [3] in addition to satiating a young associate's need to make a difference. While programs such as these move toward the much sought after "work/life balance." they may not be enough to truly achieve a happy, well-balanced life. [More]

For the past 30 years United States manufacturing jobs have been outsourced to foreign countries as a means to save both time and money. [1] Long thought to be immune from outsourcing, American workers in the service industry have also recently been replaced by cheaper, foreign workers. [2] For ex... [More]

I. Introduction

In today’s world where every law firm claims to value diversity throughout their ranks and prioritize it as a top concern in recruiting, it is easy to forget that even in the 1960s, Secretary of Labor Willard Wirtz called the American legal profession “the worst segregated group in the whole economy.” [1] According to a 2003 American Bar Association study, slightly more than 89% of all lawyers in the nation are white. The overall numbers of women and minorities at the associate level are improving substantially, but the odds of making partner stay low. [2] Lawyers of color account for less than 5% of partners in all of the largest American law firms, according to the National Association for Law Placement. [3] White males have five times better odds than women of making partner, and seven times better than Asian-Americans or African-Americans. [4] Minority-owned firms provide a greater likelihood for advancement for many associates towards partnership, and the Clinton administration’s programs worked to create a better environment for such firms. [5] However, in recent years a backslide has occurred; legal and political changes have made it more acceptable for corporations and the government to give short shrift to minority-owned firms. [6] Still, without pressure from the government, market forces are causing diversity in larger firms to become a business imperative. [7] [More]

For eleven stellar seasons, the CBS hit “The Jeffersons” told the hilarious story of George and Weezie, who had moved on up the socio-economic ladder to “a deluxe apartment in the sky.” [1] In contemporary legal education, a growing phenomenon parallels George and Weezie’s desire to get a “piece of the pie.” [2] This article will examine the trend of the transfer law student in addition to the successes, complications, and possible prejudices experienced by transfer students in securing employment. [More]

I: Introduction

During the uncertain times of World War II, Harvard University’s president was interviewed concerning the condition of the law school. He stated that it wasn’t bad as he had expected, given the war-time circumstances: “We have 75 students, and we haven’t had to admit any women.” [1] One would think that the legal industry would have made giant strides towards remedying such primitive opinions. On the contrary, a recent Harvard Law survey of large corporate firms found that some male lawyers still drop pencils under boardroom tables as an excuse to look at women’s legs, and take clients to strip clubs where their female colleagues feel unwelcome. [2] Fortunately, not all firms tolerate such behavior. This article aims to examine the obstacles facing women and mothers in the field of corporate law, and what actions some firms are taking to alleviate their unique burdens. [More]