On September 6, 2022, the National Labor Relations Board released a Notice of Proposed Rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. The Proposed Rule would roll back changes to the joint-employer test established in a 2020 rule and re-ground the analysis in its historic common-law agency principles.
Julio Sharp-Wasserman and Evan Mascagni, A Federal Anti-SLAPP Law Would Make Section 230(c)(1) of the Communications Decency Act More Effective, First Amend. L. Rev. (May 2019)
Julio Sharp-Wasserman. Section 230(c)(1) of the Communications Decency Act and the Common Law of Defamation: A Convergence Thesis, Colum. Sci. & Tech. L. Rev. (Jan. 2019)
Lessons from Trinity Lutheran: An Entity-Based Approach to Unconstitutional Conditions and Abortion Defunding Laws
Jennifer Davidson, Lessons from Trinity Lutheran: An Entity-Based Approach to Unconstitutional Conditions and Abortion Defunding Laws, NYU REVIEW OF LAW AND SOCIAL CHANGE, Vol. 43, 2019
The Second Circuit Should Emulate Discrimination Law in Assessing Simultaneous FLSA and NYLL Misclassification Claims
Julio Sharp-Wasserman and David Krauss, NYSBA Lab & Emp. L.J. (Nov. 2018)
Justice for All?: The Shortcomings and Potentials of the Capabilities Approach for Protecting Animals
Jennifer Davidson, Justice for All?: The Shortcomings and Potentials of the Capabilities Approach for Protecting Animals, ANIMAL LAW REVIEW, Vol. 24, 2018