Balancing the ERISA Seesaw: A Targeted Approach to Remedying the Problem of Worker Misclassification in the Employee Benefits Context

Tracy Snow · June 2011 79 GEO. WASH. L. REV. 1237 (2011) Many companies are increasingly using independent contractors to reduce costs in an environment characterized by unexpected fluctuations in the market and intense global competition. Independent contractors, also called “freelancers,” are self-employed individuals who render services directly to companies outside the scope of the...
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Lost in the Dismal Swamp: Interstate Class Actions, False Federalism, and the Dormant Commerce Clause

Chad DeVeaux · June 2011 79 GEO. WASH. L. REV. 995 (2011) “No taxation without representation.” This paradigmatic mantra of the American Revolution constitutes an important foundational premise of the dormant Commerce Clause. Although it is most often associated with its anti-protectionist function of prohibiting protectionist state regulations that discriminate against out-of-state commerce, I posit...
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Money for Senate Seats and Other Seventeenth Amendment Politicking: How to Amend the Constitution to Prevent Political Scandal During the Filling of Senate Vacancies

Daniel T. Shedd · April 2011 79 GEO. WASH. L. REV. 960 (2011) Currently, thirty-three states permit their governors to appoint replacements to the United States Senate without any checks on the appointment procedure. As the previous two anecdotes illustrate, this practice can lead to political gamesmanship and political scandals that decrease public trust in...
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American Idol: The Domestic and International Implications of Preferencing the Highly Educated and Highly Skilled in U.S. Immigration Law

Kayleigh Scalzo · April 2011 79 GEO. WASH. L. REV. 926 (2011) In the category of employment-based (“EB”) immigration, the INA gives significant preference to highly skilled and highly educated aliens at the expense of unskilled and skilled aliens. The statute uses language such as “extraordinary ability,” “sustained national or international acclaim,” and “exceptional ability”...
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