19 cfr 145 59
- Riggs v. Airbus Helicopters, Inc., 092019 FED9, 18-16396
- Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018
Healthism and the Law of Employment Discrimination
Recently, several employers around the country announced they would no longer hire applicants who use nicotine, even off the clock. Just last year, one entity adopted a policy that it would not employ individuals classified as severely obese. Read together, nicotine and obesity bans can be understood as employer practices that intentionally screen out unhealthy individuals. Yet should these...
- EMPLOYMENT DISCRIMINATION AGAINST MILITARY SPOUSES: A CASE FOR ILLEGALITY CONTRARY TO POPULAR BELIEF AND PRACTICE.
- PRIVACY, POVERTY, AND BIG DATA: A MATRIX OF VULNERABILITIES FOR POOR AMERICANS.
The Living Regulatory Challenges of Synthetic Biology
The rapidly emerging technology of synthetic biology will place great strain upon the extant regulatory system due to three atypical characteristics of this nascent technology: (1) synthetic biology organisms can evolve; (2) traditional risk structures do not apply; and (3) the conventional regulatory focus on end-products may be a poor match for novel organisms that produce products. This...
- Bankruptcy as Bailout: Coal Company Insolvency and the Erosion of Federal Law.
- Unveiling Management's Crystal Ball
- MOTION TO DISMISS FOR FAILURE TO SUCCEED ON THE MERITS: THE EEOC AND RULE 12(b) (6).
- UNSETTLING IMMIGRATION LAWS: SETTLER COLONIALISM AND THE U.S. IMMIGRATION LEGAL SYSTEM.
- Food Labeling: Revision of the Nutrition and Supplement Facts Labels
- Reliance on nonenforcement.
- Employment law violations.
- HUMANIZING THE CORPORATION WHILE DEHUMANIZING THE INDIVIDUAL: THE MISUSE OF DEFERRED-PROSECUTION AGREEMENTS IN THE UNITED STATES.
- Big data and predictive reasonable suspicion.
Debt Limits' End
Debt is a major tool funding American local governments. Local governments are, however, severely constrained in their ability to rely on this vital tool. For over a century now, state constitutions and statutes have strictly curbed local governments' power to issue debt. The effectiveness of these legal restrictions has often been questioned, but the rationale for their existence has not been...
- GINA, Big Data, and the Future of Employee Privacy.
- (UN)COMMON LAW PROTECTION OF CERTIFICATION MARKS.
792 F.3d 364 (4th Cir. 2015), 13-2219, United States ex rel. Drakeford v. Tuomey
Relator filed a qui tam action against Tuomey under the False Claims Act (FCA), 31 U.S.C. 3729-33, and the government intervened. The jury determined that Tuomey did not violate the FCA, but the district court vacated the verdict and granted the government's motion for a new trial after concluding that it had erroneously excluded excerpts of a Tuomey executive's deposition testimony. In this...
- DNA and distrust.
- Statutory interpretation as contestatory democracy.
- Why the medical malpractice crisis persists even when malpractice insurance premiums fall.