ArchiveJuly 2010

This Article proposes a fundamental shift in the movement to reform employment termination law. For forty years, there has been a near consensus among employee advocates and worklaw scholars that the current doctrine of employment at will should be abandoned in favor of a rule requiring just cause for termination. This Article contends that such calls are misguided, not—as defenders of the...

This Article posits that the Supreme Court’s decision in Ricci v. DeStefano does not evaluate all claims of discrimination on a level playing field but rather “whitens” discrimination and “races” test fairness. The authors explicate how Ricci whitens discrimination by reframing antidiscrimination law’s presumptions and burdens to focus on disparate treatment of whites as the paradigmatic and...

In the vivid imagination of Delaware courts, the shareholder franchise is “the ideological underpinning” upon which corporate power rests. A corporate election to choose who should lead the firm is corporate democracy at work since such elections give shareholders the power “to turn the board out.” However, in reality, the vast majority of corporate elections are ho-hum affairs. The current board...

On March 23, 2010, President Barack Obama signed into law the Patient Protection Affordable Care Act (Affordable Care Act), the most far-reaching healthcare reform legislation since the establishment of the Medicare program in 1965. The Affordable Care Act directs the U.S. Department of Health and Human Services (HHS) to establish a minimum level of health benefits, called the essential health...

Since the late 1980s, a majority of states have enacted statutes protecting nondisclosure of stigmas affecting property in residential real estate transactions. While many of these statutes have elements in common, there are substantial differences with respect to the set of stigmas covered, the duty to answer direct inquiries concerning particular stigmas, the relevance of time elapsed since the...

This Article highlights both the rewards in accepting and the risks in rejecting a claim of sex discrimination as one constitutional basis for invalidating restrictions on marriage for same-sex couples. It argues that recognition of same-sex marriage and elimination of enforced sex roles are as inextricably intertwined as the duck is with the rabbit in the famous optical illusion. As the Article...