The Hastings Law Journal is pleased to announce a new online-forum for discussion of hot topics in the legal world. On the Record highlights ongoing issues in the law, analyzes current events and noteworthy cases and legal developments, and features a discussion of the leading pieces in our Journal.
|From Bench to Society: Law and Ethics at the Frontier of Genomic Technology|
Jamie S. King
|What Real-World Criminal Cases Tell Us About Genetics Evidence
Deborah W. Dennoh
|Maternal Smoking During Pregnancy and Offspring Health Outcomes: The Role of Epignetic Research in Informal Legal Policy and Practice
Taylor F. Smith, Matthew A. Maccani, and Valerie S. Knopik
|Seeking Genomic Knowledge: The Case for Clinical Restraint
Wylie Burke, Susan Brown Trinidad, and Ellen Wright Clayton
|Wading Into the Daubert Tide: Sargon Enterprises, Inc. v. University of Southern California
David L. Faigman and Edward J. Imwinkelried
|The Return of Results in Genetic Testing: Who Owes What to Whom, When, and Why?
Stephanie A. Alessi
Current Issue – Volume 64, Issue 5
Articles – Special Issue on Circuit Splits
|Supervisors in a World of Flat Hierarchies
Under the National Labor Relations Act (“NLRA”), employees who are supervisors do not have the rights to join or assist labor unions or engage in other concerted activities for mutual aid and protection. The federal courts and the National Labor Relations Board (“NLRB”) have longstanding disagreements between and among them over how much authority over what types of working conditions is necessary to render one a supervisor. Recent cases reach conflicting results over issues such as whether nurses who can report co-workers for disciplinary infractions or can direct other employees to perform certain tasks are statutory supervisors who exercise independent judgment. The Supreme Court has twice rejected the NLRB’s efforts to clarify the law by narrowing the breadth of vague statutory terms defining supervisors. Because the statutory language invites the meaning of supervisor to be fact dependent and tethered closely to the policy bases for protecting employees’ rights to unionize and for excluding supervisors from the protection of those rights, deference to the Board’s judgment in line drawing is important. As the Supreme Court prepares to resolve a circuit split over the definition of supervisor under Title VII, it is particularly important to remember that, although the NLRB and the Equal Employment Opportunity Commission (“EEOC”) have adopted similar tests under the two different statutes, the policies underlying the legal definition of supervisor are dramatically different and call for a broad definition of supervisor for Title VII and a narrow definition of supervisor under the NLRA.
|Winning the War on Drug Prices: Analyzing Reverse Payment Settlements Through the Lens of Trinko
Alicia I. Hogges-Thomas
|The Computer Fraud and Abuse Act and Disloyal Employees: How Far Should the Statute Go to Protect Employers from Trade Secret Theft?
Audra A. Dial and John M. Moye
|Do Graphic Tobacco Warnings Violate the First Amendment?
|Lost in the Fog of Miranda
George C. Thomas III
|The Case for Uniform Hot News Preemption
|Fair Use as Free Speech Fundamental: How Copyright Law Creates a Conflict Between International Intellectual Property and Human Rights Treaties
Fed. Trade Comm’n, The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition 41, 61, 62, 63, 64 (2011), cites Colleen V. Chien, From Arms Race to Marketplace: The New Complex Patent Ecosystem and Its Implications for the Patent System, 62 Hastings L.J. 297 passim (2010), in discussing patent assertion entities.
by Kevin J. Schmitt, Hastings Law Journal
Members of the legal profession in California are well aware of the toll the state’s budget crunch has taken on California’s courts. On The Record itself ran a piece just last September chronicling the budget pinch and its impact on judicial access. In the State Assembly, the issue of the tighter judicial budget has not gone unnoticed, which is why Assembly Majority Leader Charles Calderon has introduced AB 1208 (known as the Trial Court Rights Act of 2011), a bill introduced at the urging of the California Alliance of Judges.