This Article utilizes the Administrative Office's data to convey the realities of federal employment discrimination litigation. Litigants in these quot;jobsquot; cases appeal more often than other litigants, with the defendants doing far better on those appeals than the plaintiffs. These...

Under the inevitable disclosure doctrine, a court may enjoin a person accepting employment with a direct competitor of a former employer to protect a trade secret. Most states that have adopted the doctrine do not limit its application. Such broad application of the doctrine can be harsh and...

The terms governing land investments can shape whether host countries and local communities benefit from investment projects. Yet host governments in low- and middle-income countries often lack sufficient legal and technical capacity to prepare for, negotiate, implement, and monitor investments,...

This commentary examines case C-692/19, an order in response to a request for a preliminary ruling regarding the scope of application of working time protection, handed down by the Court of Justice of the European Union (CJEU) in April 2020.A courier working for a shipping company filed a claim...

Italian Abstract: La tecnologia sta cambiando le modalità con cui le imprese gestiscono il proprio personale. Numerosi datori di lavoro hanno infatti iniziato a spogliarsi dell’esercizio completamente umano dei propri poteri, demandandolo, in tutto o in parte, a macchine più o meno...

Federal Statute nº 13.147, enacted by National Congress in July 13th, 2017, altered extensively the Brazilian Labour Code. Several of the alterations were justified under the need to solve legal certainty issues, that allegedly caused excessive labour litigation. In the same direction, changes...

The authors conducted a comprehensive evaluation of the Equal Employment Opportunity Commission ("EEOC") mediation program. The participant evaluation of the EEOC mediation program shows a high degree of participant satisfaction with the EEOC mediation program. Both the participant...

This report presents mediator feedback on the dynamics of the mediation process, including the participant (charging party, respondent, mediator) conduct that facilitates resolution of the dispute1, why the dispute was not resolved, mediator tactics, behavior that acts as a barrier to a...

The authors investigated the reasons for the lack of employer participation in the Equal Employment Opportunity Commission (EEOC) mediation program. Using a survey, we captured the feedback of employers as to why they declined to mediate a particular case before the EEOC, the context of their...

It is rare to witness the birth of a canon of statutory interpretation. In the past decade, the Supreme Court created a new canon—the causation canon. When a statute uses any causal language, the Court will assume that Congress meant to require the plaintiff to establish “but for” cause....