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Topic: Employment Law

Brady v. NFL and Anthony v. NBA: The Shifting Dynamics in Labor-Management Relations in Professional Sports

Gabriel Feldman | Symposium

The last two decades in collective bargaining in professional sports have seen a dramatic shift toward aggressive management bargaining. The last seven work stoppages in professional sports have been the result of lockouts. Many factors can be attributed for this change, but this Essay focuses on one—the legitimization of the offensive use of the lockout. The expansion of the lockout has enabled team owners to claw back some of the gains made by professional sports unions over the last several decades and has helped tilt the labor-management relations scale toward management.

This Essay examines the evolution of the lockout and [...]

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Smith v. Xerox Corp.: The Fifth Circuit Maintains Mixed-Motive Applicability in Title VII Retaliation Claims

Kimberly Cheeseman | Note

The United States Court of Appeals for the Fifth Circuit held that the mixed-motive framework applies to Title VII retaliation cases and a plaintiff can present circumstantial or direct evidence to obtain a mixed-motive jury instruction. Smith v. Xerox Corp., 602 F.3d 320, 329, 331-32 (5th Cir. 2010).

 

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