Federal workers’ shutdown-based wage claims to proceed

A judge on the U.S. Court of Federal Claims has ruled that the government violated the Fair Labor Standards Act by waiting until after the fall 2013 government shutdown was over to pay federal workers. Plaintiffs' counsel estimates that up to 1.3 million workers could be affected, the Post reports. Read the opinion, largely denying […]

Anne Fleming: The Rise and Fall of Unconscionability as the ‘Law of the Poor’

Anne Fleming of Georgetown has written The Rise and Fall of Unconscionability as the 'Law of the Poor,' 102 Georgetown Law Journal No. 5 (2014). Here's the abstract: What happened to unconscionability? Here’s one version of the story: The doctrine of unconscionability experienced a brief resurgence in the mid-1960s at the hands of naive, left-liberal, […]

Internet shames New York hotel into removing non-disparagement clause fining wedding couple for their guests’ reviews

We all know weddings can get expensive, but here's something most couples do not budget for: fines charged by the hotel if a wedding guest leaves a negative review online. Astonishingly, that's what the website of the Union Street Guest House in Hudson, N.Y., promised guests the hotel would do, according to this story in […]

How to design a mass-disaster compensation fund

Law prof Linda Mullenix addresses that issue in Designing Compensatory Funds: In Search of First Principles. Here is the abstract: The World Trade Center Victims’ Compensation Fund of 2001 ushered in a new age of fund approaches to resolving claims for mass disasters in the United States. Since then, numerous funds have been created following […]

The relationship between the concept of the lawyer as economic parasite and access to justice

Teresa Schmid has written The Lawyer-Rent Seeker Myth and Public Policy. Here is the abstract: Two enduring fallacies in public policy are that lawyers are rent seekers who impair rather than stimulate the economy, and that there are too many of them. While lawyers may disagree with the first premise, they tacitly accept the second. […]