BY AMIE THOMPSON The Pennsylvania Supreme Court held that under the Public Employe Relations Act (PERA), the essence test is applicable to judicial review of grievance arbitration awards and is no longer subject to the core functions exception, but is now subject to a new public policy exception. Continue Reading>
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A “Common” Problem: Examining the Need for Common Ground in the “Common Enterprise” Element of the Howey Test
BY CHRISTOPHER L. BORSANI, ESQ. An undeniable fact in securities regulation law is that if a transaction is a security, and assuming none of the exemptions of 15 U.S.C. 77c apply, then that security must be registered with the Securities and Exchange Commission (“SEC” or “the Commission”). Whether or not […]
Arbitrating Hate: Why Binding Arbitration of Discrimination Claims is Appropriate for Union Members
BY DANIEL B. MOAR When the Supreme Court issued its opinion in Alexander v. Gardner-Denver Co., the Court appeared to announce a clear rule that all employees have a right to bring a statutory discrimination suit in federal court. This holding also included union members who were employed under a collective […]
Only “the Punctilio” if I Say So: How Contractual Limitations on Fiduciary Duties Deny Protection to Victims of Oppressive Freeze-Outs within Private Business Entities
BY MARY-HUNTER MORRIS Justice Cardozo first famously formulated the unassailable core of fiduciary duties in Meinhard v. Salmon: “Joint adventurers, like co-partners, owe to one another the duty of the finest loyalty something stricter than the morals of the market place. Not honesty alone, but the punctilio of an honor the […]
The Qualified Right To Free Movement of Workers: How the Big Bang Accession Has Forever Changed A Fundamental EU Freedom
BY BRIAN J. WOODRUFF It has been more than sixty years since Winston Churchill made the speech that has forever changed Europe. Churchill, speaking most directly to France and Germany, urged the continent of Europe to unite. He spoke to the creation of a “United States of Europe.” Churchill’s idea […]
Settled No More: An Administrative Agency May Overturn Prior Judicial Interpretation of a Statute within its Jurisdiction so long as the Statutory Language is Ambiguous
BY ZAHN The Supreme Court of the United States held that (1) If a statute is ambiguous, and the implementing agency’s construction is reasonable, Chevron requires federal courts to accept the agency’s interpretation, even if the agency’s interpretation differs from prior judicial construction of the statute; and (2) the FCC’s […]
