Last week, Professor Cesar Rosado Marzán appeared on University of Pennsylvania’s Knowledge@Wharton to discuss the ongoing NLRB labor law disputes with McDonald’s. From the interview:
McDonald’s appears to be in a tight spot, with problems looming whichever direction it goes. “If McDonald’s is found to be liable for the labor law violations of its franchisees, then as a joint employer it could end up at the bargaining table,” said Cesar . . . If, on the other hand, it doesn’t support the franchise operators, he agreed that it might end up earning the latter’s wrath.
Prof. Rosado Marzán continued,
“If McDonald’s is found to be essentially liable for the labor law violations of a franchisee, it means that it’s a joint employer according to the NRA. And if such, then it may end up on the bargaining table if, at some point, McDonald’s workers decide to bargain collectively […] with the corporation.” (more…)
By William Birdthistle
Legal scholars, practitioners, and regulators of investment funds have a new learned society to encourage scholarship in their field. The Society of Investment Law is an international organization of academics and attorneys interested in the study of legal issues relating to investors, advisers, and investment funds. The society will host an annual meeting to promote the discussion of developments in this field.
For the past eight years, Professors Tamar Frankel of Boston University School of Law and William Birdthistle of Chicago-Kent College of Law have co-hosted an annual roundtable discussion about developments in investment law. Keynote speakers at those events have included Professor John Coates of Harvard Law School, reporter Daisy Maxey of the Wall Street Journal, Nell Minow of the Corporate Library, Professor Andrew Lo of the MIT Sloan School of Management, and Robert Plaze of the SEC’s Division of Investment Management.
As an institution, the Society of Investment Law will build upon these roundtables to encourage scholarship and discussions about investment law. The society’s founding board of directors includes Frankel, Birdthistle, Coates, and Mercer Bullard of the University of Mississippi School of Law, Quinn Curtis of the University of Virginia School of Law, Deborah DeMott of Duke University School of Law, Jennifer Taub of Vermont Law School, Dirk Zetzsche of the University of Liechtenstein, and John Morley of Yale Law School. The inaugural officers of the society are Frankel as chair of the board, Birdthistle as president, Morley as vice president, and Taub as secretary.
The society’s official web site is http://societyofinvestmentlaw.org.
Over the past century we have steadily shifted more resources, both intellectual and monetary, to preserving historic properties and protecting cultural heritage. More recently we have added to this preservation focus increasing concerns about who is entitled to define and lay claim to material culture from the past. Here in the United States these debates play out in the context of historic properties, the National Historic Preservation Act, and a variety of legislative acts that protect the cultural heritage of Native Americans. In the international realm these debates focus on the identification and protection of world heritage sites and the illicit movement of antiquities.
Regardless of the separate and at times even conflicting legal regimes that govern the preservation of domestic historic properties and international cultural heritage, they share some of the same historic and cultural roots and give rise to similar issues and questions. Why do we put so much stock in the preservation of our material culture and built environments, even at the expense of other social and economic goals? How do we define what is worth saving and whose voices are privileged in that process? How do we reconcile the communal goals at the heart of preservation with concerns about protecting private property and sovereignty?
This one-day conference will explore these issues through a cross-disciplinary discussion between leaders in the fields of archeology, anthropology, history, architecture, and law.
The Politics of Preservation
Friday, April 29, 2016
Morris Hall, IIT Chicago-Kent College of Law
565 W Adams St, Chicago IL (more…)
Indeed, some have suggested that we use the legendary Scalia-Ginsburg friendship — so well-known that it inspired an opera — as a model for how we should all relate to those whose political views we disagree with.
But Scalia’s personal warmth should not preclude considering to what extent his jurisprudence and his famously acerbic tone may have contributed to the polarized national conversation about the court.
Read more on CNN.
Lori Andrews (right) and Hoda Kotb
Last week, Professor Lori Andrews spoke in New York City at “i3 – Insight, Innovation, Impact – A Summit for Women.” Sponsored by the UJA-Federation, the Summit brought together female thought leaders to share their stories of impact and change. In a five-hour program kicked off by Hoda Kotb of The Today Show, Professor Andrews shared the spotlight with women who had excelled in their fields—including women in law, science, journalism, innovation, and philanthropy. Andrews spoke on the issue of “Civil Liberties and National Security.” She fielded questions on whether the government should have a key to unlock all encryption on the web, how data aggregators collect personal information about people and what they do with it, how businesses might use facial recognition software, and the extent to which European laws can be applied against US-based social media companies.
Read more about the conference here.
By Valerie Gutmann Koch
On January 5, I submitted, along with Jessica Roberts, Associate Professor of Law and Director, Health Law & Policy Institute at the University of Houston Law Center, comments on the Notice of Proposed Rule Making (NPRM) for revisions to the Common Rule (45 CFR 46), the regulations that govern the majority of human subjects research in the United States. These revisions will be the first since the Common Rule was promulgated in 1991. Our letter to Jerry Menikoff, the Director of the Office for Human Research Protections (OHRP), focused on three primary deficiencies in the proposed revisions. We therefore encouraged the Department of Health and Human Services (HHS) to: (1) encourage Congress to provide a statutory private right of action for the Common Rule; (2) clarify whether research subjects have a potential commercial interest in the research done on their biospecimens; and (3) eliminate the distinction between biospecimens and personal information and data. The letter is available here.
Our letter was also featured on the blog for the Yale Journal of Law and Technology (YJOLT).