Prof Mrinal Satish is Associate Professor of Law, and Executive Director, Centre for Constitutional Law, Policy, and Governance at the National Law University, Delhi.He is a graduate of Yale Law School and the National Law School of India University, Bengaluru. He holds masters and doctoral degrees in law from Yale Law School. His doctoral dissertation examined sentencing policy and practice with a special focus on rape sentencing in India.He was part of the research team that assisted the Justice J.S.Verma Committee (2013) on amendments to rape laws. He assisted the Twentieth Law Commission of India on multiple projects involving criminal law. He was appointed an amicus by the Delhi High Court in a death sentence matter, to assist the court on the issue of determining the appropriate sentence.His book, ‘Discretion, Discrimination and the Rule of Law: Reforming Rape Sentencing in India’ was released recently at the India International Centre, New Delhi, by Justice Madan B … [Read more...] about Interview: How Courts Use Stereotypes And Myths In Sentencing, Explains Academic & Author, Mrinal Satish
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Restaurant Manager Misclassification Complaints Highlight Important Defense Strategies for Hospitality Owner/Operators
Recent lawsuits filed by restaurant managers claiming they are entitled to overtime pay suggest that exempt employee misclassification may reemerge as a leading hot topic in wage and hour lawsuits directed at hospitality owner/operators. Three recent collective and class actions illustrate this apparent trend and, more importantly, highlight key defense strategies that owner/operators may use if faced with an exempt misclassification lawsuit.Defense Strategy #1: Analyze the complaint for gaps in the pleading that could support a motion to dismiss or, alternatively, a motion to strike the collective and class action allegationsIn Stirewalt et al. v. Hooters of America, LLC et al., No. 17-CV-0307 (N.D. Ala. Feb. 27, 2017), three assistant managers in certain Birmingham, Alabama, Hooters restaurants asserted claims for unpaid overtime under the Fair Labor Standards Act (“FLSA”), alleging that Hooters misclassified them as exempt from overtime. The plaintiffs alleged … [Read more...] about Restaurant Manager Misclassification Complaints Highlight Important Defense Strategies for Hospitality Owner/Operators
Financial Services Legislative and Regulatory Law Update – September 24, 2012
Leading the Past WeekAs quick as members returned from their districts, it seems they’ve left again, as the Senate passed the continuing resolution (CR) measure to fund the government for an additional six months. The Senate vote on the CR was delayed by timing problems of the vote and a move by Senator Rand Paul (R-KY) to cut foreign aid to Libya, Egypt and Pakistan. When Congress returns on November 12th it will certainly have a lot to deal with as the nearly year long practice of punting difficult issue until the lame duck will come home to roost. From the farm bill, to the defense authorization, to countless other legislative initiatives including how to deal with the expiring tax cuts and sequestration, the lame duck is quickly shaping up to potentially be one of the busiest in memory. Also worth noting from this past week was Congress’ first major foray into examining issues related to high frequency trading, as well as hearings that will set … [Read more...] about Financial Services Legislative and Regulatory Law Update – September 24, 2012
More Than Just An Algorithm: Reconciling The Necessity For Disaggregating The Business Method, With Bilski’s Abstract Test
INTRODUCTIONAs the airplane’s utility spread to the public sector, the 1940’s witnessed the sky’s transformation into the new highway. Like any new frontier and innovation, there was a need for regulation and legal guidance. Fortunately, property law had covered the topic since the 18th century. Cuius est solum, eius est usque ad coelum et ad inferos, whoever owns the soil, it is theirs up to Heaven and down to Hell.[1]The Supreme Court however did not agree with such dated application.[2]The court reasoned that categorizing air travel with ground travel under current property law would be naive. The two categories possessed different interest and policy consideration. Unification of the two, under traditional property laws, would essentially defeat air travel’s value and purpose. Such application had “no place in the modern world”[3]. The court made it clear that new innovation required new regulation and new legal guidance. Instead of fitting … [Read more...] about More Than Just An Algorithm: Reconciling The Necessity For Disaggregating The Business Method, With Bilski’s Abstract Test
We need to rethink how we talk about ‘fascism’
Spencer Platt/Getty Images The word "fascism" has been used a lot after Donald Trump was elected as President of the US — but it's imperative to ask: What counts as fascism? Today, we often think of it as a political ailment that afflicts only a small number of pathological cases — we try to identify who "counts" or doesn't "count" as fascist, as if they are on trial. But, it's not a spontaneous transformation in specific people. Fascism develops as part of a larger, open-ended process. It's important to understand that process as much as it is identifying particular individuals. The word "fascism" has recently reemerged as a key piece of political terminology. The headlines immediately after Donald Trump’s election as president of the US read like a disturbing question and answer session. "Is Donald Trump a Fascist?" askedNewsweek. The Washington Post had the answer, declaring"Donald Trump is actually a Fascist", but later sought to quantify … [Read more...] about We need to rethink how we talk about ‘fascism’