The Fair Work Act 2009 (Cth) has redrafted the old ‘transmission of business' provisions for awards and agreements as new ‘transfer of business' provisions. The new provisions differ considerably from the immediately prior Work Choices rules, and they also mark a change from the pre-Work...

The Department of Labor (“DOL”) has recently increased its enforcement of the Fair Labor Standards Act (“FLSA”) against for-profit organizations that use unpaid-intern labor by using a six-part test to determine employment status. This recent effort explicitly excludes nonprofits and...

In the United States, union density continues to decline, while income inequality increases. But while union density falls we have experienced the counterintuitive rise in international framework agreements (IFAs), or agreements signed by global union federations (“global unions”) and...

With the explosion in information technology, deploying desktop Internet access for corporations is becoming commonplace. Corporate managers are dealing with issues of protecting their corporations from legal exposure, especially in relation to downloading of pornographic or racist material, and...

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

In 2005, Professor Phillipa Weeks published an insightful chapter entitled ‘Employment Law – A Test of Coherence Between Statute and Common Law' in S Corcoran and S Bottomley (eds) Interpreting Statutes. That chapter examined the emergence, development and ultimate emasculation of an implied...

The past few decades have witnessed the growth of an exciting debate in the legal academy about the tensions between economic pressures to commodify and philosophical commitments to the market inalienability of certain items. Sex, organs, babies and college athletics are among the many topics...

Employee raiding scenarios provide a unique opportunity for students examine the intersection of business strategy and the law. This article provides a high-energy teaching case study and teaching note that places students in the role of business decision-makers facing the unforeseen and abrupt...

Italy is the second producer of tomatoes in the world after the United States, and it is often considered the homeland of this food. Yet, the Italian tomato is much more than Italian. If one considers the people, geography, regulations and history behind the ‘golden pome' (pomo-d'oro in...

South Africa has recently taken a progressive stand on sexual harassment as one of only a few countries to prohibit sexual harassment directly through legislation. The Employment Equity Act, enacted in October, 1998, deals primarily with affirmative action, but is also groundbreaking in the area...