The self-critical analysis privilege in employment law

Article Abstract:

The privilege of self-critical analysis should not be applied in employment discrimination cases to protect a company's internal records concerning affirmative action plans from discovery. The self-critical analysis privilege has been recognized by courts in a number of other contexts, but courts have been divided over its use in the employment context. The privilege should not be allowed because private litigation is needed to discourage discrimination, a result that is unlikely to be accomplished through reliance on employers' self-evaluation.

Labor Regulation & Services, Analysis, Testimony, Labor policy, Access control, Employment discrimination, Discovery (Law), Business records

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An alternative approach to diversity jurisdiction for corporations: parent-subsidiary corporations

Article Abstract:

Congress should enact limitations on diversity jurisdiction that would bar diversity jurisdiction to be asserted by a parent corporation in any state in which a subsidiary is a resident and would bar subsidiary corporations from asserting diversity jurisdiction in any state in which the parent is licensed. Diversity jurisdiction was intended to reduce the risk of state bias. These proposed revisions to the federal diversity jurisdiction laws would not raise bias concerns and would help reduce the workload for the federal courts.

Subsidiary corporations, Subsidiaries, Corporate domicile, Diversity jurisdiction

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Robinson-Patman Act jurisdiction over retail sales: a reexamination of the cases and the case for reform

Article Abstract:

Reform is needed, rather than the current formalistic judicial approach to determining the Robinson-Patman Act's application to retail sales that take place within a state but that involve interstate commodities. The court in Rio Vista Oil Ltd. v. Southland Corp. attempted to take a more realistic approach, but that decision is not well supported by precedent. The prevailing practice in the courts is to interpret Robinson-Patman Act jurisdiction in such cases narrowly.

Retail Trade, Price-Fixing Regulation, Retail industry, Interstate commerce, Selling, Price fixing, Price regulations, Price discrimination

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