Digital Commons Network^™

Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie

Bethany Hastie

This report analyzes substantive decisions on the merits concerning workplace sexual harassment at each of the BC and Ontario Human Rights Tribunals from 2000-2018, with a view to identifying how the law of sexual harassment is understood, interpreted and applied by the Tribunals’ adjudicators. In particular, this report examines whether, and to what extent, gender-based stereotypes and myths known to occur in criminal justice proceedings arise in the human rights context.

This report examines substantive decisions on the merits for claims of workplace sexual harassment from 2000-2018 in BC and Ontario. The limitation to substantive decisions allows for a greater …

Regulating Social Media Use In The Workplace, Yemisi Dina

Yemisi Dina

The advent of social networking sites (SNS) has become a reality of the digital age. These sites are highly interactive, creative and addictive for individuals to exchange personal, professional and social ideas but its use has also been the subject of litigation in the courts lately just like any man made invention. People using these sites have sparked a number of legal challenges that have dramatically changed the world. This raises a number of questions as to whether there are clear guidelines on the use of these tools by employers and employees.

This paper is a case commentary of one …

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger

Lauren Edelman

Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …

Payment Finality And Discharge In Funds Transfers, Benjamin Geva

Benjamin Geva

The article explores the occurrence of "final payment" in funds transfers in the form of "accountability" by a bank instructed to pay to a payee/beneficiary. Both the accountability of the drawee/payor bank in a check-collection debit-pull system and that of the beneficiary's bank in a wire-transfer credit-push system are discussed. The article further examines the relationship between "final payment" and the discharge of an obligation paid by means of the "funds transfer." It analyzes relevant provisions of Articles 3, 4, and 4A of the Uniform Commercial Code, sometimes against the background of general common law principles. The article proposes minor …

Foreword: Health In The Workplace, Barbara Fick

Barbara J. Fick

This article is a brief forward to the 1987 Notre Dame Law Review Symposium Issue.

Learning Through Work: An Empirical Study Of Legal Internship, Daniel J. Givelber, Brook K. Baker, John Mcdevitt, Robyn Miliano

Jack McDevitt

The authors present the results of an extended empirical investigation of law students' beliefs about how well they learn in work settings and which factors distinguish between settings where they learn well and those where they do not. The results resonate with a theory of ecological learning which they present in summary form. Through their data, based upon responses to more than 500 work experiences, they attempt to explore the validity of many of the current criticisms of workplace learning. Their analysis and findings cast doubt on the belief, reified by the MacCrate Report, that legal educators must participate actively …

The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik

Dan Subotnik

No abstract provided.

Learning Through Work: An Empirical Study Of Legal Internship, Daniel J. Givelber, Brook K. Baker, John Mcdevitt, Robyn Miliano

Brook K. Baker

The authors present the results of an extended empirical investigation of law students' beliefs about how well they learn in work settings and which factors distinguish between settings where they learn well and those where they do not. The results resonate with a theory of ecological learning which they present in summary form. Through their data, based upon responses to more than 500 work experiences, they attempt to explore the validity of many of the current criticisms of workplace learning. Their analysis and findings cast doubt on the belief, reified by the MacCrate Report, that legal educators must participate actively …

Learning Through Work: An Empirical Study Of Legal Internship, Daniel J. Givelber, Brook K. Baker, John Mcdevitt, Robyn Miliano

Daniel J. Givelber

The authors present the results of an extended empirical investigation of law students' beliefs about how well they learn in work settings and which factors distinguish between settings where they learn well and those where they do not. The results resonate with a theory of ecological learning which they present in summary form. Through their data, based upon responses to more than 500 work experiences, they attempt to explore the validity of many of the current criticisms of workplace learning. Their analysis and findings cast doubt on the belief, reified by the MacCrate Report, that legal educators must participate actively …

Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.