Good Result for the Wrong Reason

I am not the right guy to play Scrooge this time of the year, but why is the resolution of the Republic sit down strike something to be applauded. I understand the plight of the employees. State law entitled them to notice and pay that they were not about to receive.

But this is hardly the fault of Bank of America. BOA has been politically pressured to make a loan that will never be repaid.

You may say “who cares?” BOA is a big bank and 1.75 million dollars is barely a crumb in its cookie jar. But, as the old saying goes, a million here and a million there, and pretty soon we are talking about real money. Neither BOA nor any other bank can survive by making, not merely a poor – but an insane “loan” in response to political pressure. In a free economy, businesses fail and various stakeholders – shareholders, employees and creditors – will be hurt by it. We can’t expect banks – even those who have had an influx of federal capital – to insure against it.

The Republic employees acted boldly and certainly benefited from being from the President-elect’s hometown. Maybe (although I would oppose it) the government should guarantee obligations under the plant closing laws. But shifting the costs to a firm’s lender based upon who can and cannot exert the requisite political pressure seems irrational and even dangerous.

I suppose that those who are committed to a greater collectivization of losses and gains, this is a fumbling step in the right direction. My own view is that, if you want to assume community responsibility for private obligations, it ought to be done directly so the community can assess the costs and benefits.

Crossposted at Shark and Shepherd and Prawfsblawg.

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The Legal Contributions of Avery Cardinal Dulles, S.J.

The Marquette University Class of 2006 included among its honorary doctorate holders Avery Cardinal Dulles, S.J.  The nomination by Professor Patrick Carey of the Theology Department noted: “Cardinal Dulles is one of the principal theological interpreters of the Second Vatican Council and a creative and faithful scholar of the longer Catholic theological and creedal tradition. The author of 27 books and more than 700 articles [he has since passed 800], he has become during the past 45 years one of the most prolific theologians in the United States.”

The New York Province of the Society of Jesus announced today that Cardinal Dulles passed to his reward at 6:30 this morning.  There will no doubt be an appropriate outpouring of tributes, memorials, and salutes.

I was primarily familiar with the work of Cardinal Dulles through his frequent contributions to FIRST THINGS magazine (which, with a student subscription rate of $15, makes an excellent gift to any students in your circle). He was also a member of Evangelicals & Catholics Together, a FT-related project seeking common ground and ecumenical partnership.

The Cardinal’s FT article on “Catholicism & Capital Punishment” is one of the primary reference points in that debate, and drew a thoughtful reply from, among others, Justice Antonin Scalia. This and Dulles’ other works have received, by my search, nearly 200 citations in law review articles. Moreover, he is the author of three law review articles: “Catholic Social Teaching and American Legal Practice,” 30 Fordham Urb. L.J. 277 (2002); “The Indirect Mission of the Church in Politics,” 52 Vill. L. Rev. 241 (2007); “The Evangelization of Culture and the Catholic University,” 1 J. L. Phil. & Culture 1 (2007).

Cardinal Dulles’ theological work will stand as one of the great contributions by an American Catholic thinker in this century. His elevation to the College of Cardinals by John Paul the Great is proof of the high regard in which he was held internationally. Although his contributions to legal thinking were primarily tangential, his preeminence in his chosen field should direct our attention to what we can learn from him for our own projects.

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Wal-Mart Settles Another Massive Wage & Hour Claim

Walmart_1 We don’t do much wage and hour stuff on this blog because these cases tend to come down to whether nurses on standard-size ambulances are exempt from overtime pay.  But Wal-Mart sure got another lesson on why it should not ignore the Fair Labor Standards Act (FLSA) (we previously wrote about this case here).

According to the BNA Daily Labor Report:

Wal-Mart Stores Inc. . . . announced that it has agreed to pay up to $54.25 million to settle a class action lawsuit that had alleged that it had violated Minnesota’s labor laws by requiring employees to work off the clock during training (Braun v. Wal-Mart Inc., Minn. Dist. Ct., No. 19-CO-01-9790, settlement announced 12/9/08).

In addition to a multimillion dollar payout to workers, the settlement . . .  includes terms providing that the retailer will pay the state a civil penalty, an amount that is expected to be the largest wage and hour civil penalty in state history . . . .

I’m sure this settlement does not sit well with the cheap-skates over at Wal-Mart, but they got more where this one comes from, with an estimate of 80 such suits pending in 2007.

Mmm, maybe they could be even more profitable by not ripping off their employees on wages and benefits and avoiding all of this endless labor and employment litigation.

Just a thought.

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