Legal Research

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Labor Relations
Friday, June 5, 2009
By John P. Furfaro and Risa M. Salins

"John P. Furfaro, a partner at Skadden, Arps, Slate, Meagher & Flom, and Risa M. Salins, an associate at the firm, review U.S. Supreme Court rulings from this term regarding the enforceability of a collective bargaining agreement provision requiring arbitration of claims under antidiscrimination statutes, application of Title VII's anti-retaliation provision to an employee who participates in an employer's internal investigation, the ability of a local union to charge nonmembers a fee for national litigation expenses, and enforceability of a state law barring payroll deductions for political activities."

Communications and Media Law
Friday, June 5, 2009
By James C. Goodale

"James C. Goodale, the former vice chairman of The New York Times and producer/host of the television program "Digital Age," writes: It denigrates the law to use it as a fig leaf. And that is what President Obama has done with the torture photos of U.S. detainees. He has no power to order the photos be kept secret. Only the courts can do that. And so far, they have unanimously decided to release them. The appeal to the U.S. Supreme Court gives Mr. Obama more time to avoid the photos' inevitable release, thereby pacifying his generals and his Secretary of Defense. Political realities being what they are, this is good for Mr. Obama, but it is bad for the law."

OUTSIDE COUNSEL

Businesses, Consumers at Odds Over Proposed Arbitration Act
Friday, June 5, 2009
By Neal M. Eiseman

" Neal M. Eiseman, a partner at Goetz Fitzpatrick, writes that Senator Russell Feingold (D-Wis.) last month reintroduced his 'Arbitration Fairness Act' to the 111th Congress and, in view of the inroads the Democrats made in last November's national election, many observers believe this time it stands an excellent chance of being enacted into law. If that comes to pass, Mr. Eiseman warns, it will mark the death knell of pre-dispute arbitration clauses in consumer, employment and franchise agreements. "