Corporate Governance and a Business Lawyer’’s Duty of Independence

Dec 2, 2004 | Lead Articles, Number 1, Print Edition, Volume 38

This short essay addresses a topic important to both corporate governance and, perhaps more importantly, vital to the satisfaction that we lawyers can draw from our professional lives:  our conception of the duties of a lawyer when she engages in advising and...

Labor and Employment Law——Determining Employee Status for Evolving Business Associations Under the Americans with Disabilities Act——Clackamas Gastroenterology Associates, P.C. v. Wells, 538 U.S. 440 (2003)

Dec 2, 2004 | Case Comments, Number 1, Print Edition, Volume 38

The Americans with Disabilities Act (ADA) aims to protect individuals with disabilities by providing a legal remedy against discrimination.  The ADA, however, does not apply to small businesses of fewer than fifteen employees that would otherwise be heavily burdened...

Constitutional Law——Constitutionality of Mandatory Filters on Federally Funded Internet Access in Public Libraries——United States v. American Library Association, Inc., 539 U.S. 194 (2003)

Dec 2, 2004 | Case Comments, Number 1, Print Edition, Volume 38

The First Amendment guarantees freedom of speech and expression without government intrusion.  Since the emergence of the Internet as a valuable informational resource, legislators have tried to strike a balance between the online protection of minors and the...

Opt-in Class Actions Under the FLSA, EPA, and ADEA: What Does It Mean to be “Similarly Situated”?

Dec 2, 2004 | Notes, Number 1, Print Edition, Volume 38

In both modern and historical times, class action lawsuits have required plaintiffs to share a common interest when they proceed collectively in an action.  When Rule 23 of the Federal Rules of Civil Procedure (Rule 23) went into effect in 1938, it reflected the...

Countdown to Injustice: The Irrational Application of Criminal Statutes of Limitations to Sexual Offenses Against Children

Dec 2, 2004 | Notes, Number 1, Print Edition, Volume 38

An alarming number of children are sexually abused throughout the United States every year.  While estimates of this abuse range in the hundreds of thousands each year, the perpetrators of these deplorable acts are rarely held accountable for their actions.  Child...

Constitutional Law——The Family and Medical Leave Act: Abrogation of States’ Immunity from Suit——Nevada Department of Human Resources v. Hibbs, 538 U.S. 721 (2003)

Dec 2, 2004 | Case Comments, Number 1, Print Edition, Volume 38

The Fourteenth Amendment guarantees “equal protection of the laws” and grants Congress enforcement power through “appropriate legislation.”  The Supreme Court has said that this grant includes the power to abrogate the states’ immunity from suit provided in the...