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Full-Text Articles in Law

Labor, Trade, And Populism: How Ilo-Wto Collaboration Can Save The Global Economic Order, Sungjoon Cho, Cesar F. Rosado-Marzan Jan 2020

Labor, Trade, And Populism: How Ilo-Wto Collaboration Can Save The Global Economic Order, Sungjoon Cho, Cesar F. Rosado-Marzan

American University Law Review

Populists are trying to take down the global economic order and its institutions. While some of those forces might be fueled by racism, they also play to legitimate social concerns that include massive plant closings and deindustrialization, inadequate skills programs, and lack of decent jobs. Some of these problems also concern the Global South, as workers there face exploitation, unhealthy working conditions, and other social ills caused by global capitalism. In light of these problems, this Article argues that the International Labor Organization (ILO) should design new conventions on lead firm liability and mass layoffs. While other scholars and policymakers …


The Business Case For Lawyers To Advocate For Corporate Supply Chains Free Of Labor Trafficking And Child Labor, E. Christopher Johnson Jr., Fernanda Beraldi, Edwin Broecker, Emily Brown, Susan Maslow Jan 2019

The Business Case For Lawyers To Advocate For Corporate Supply Chains Free Of Labor Trafficking And Child Labor, E. Christopher Johnson Jr., Fernanda Beraldi, Edwin Broecker, Emily Brown, Susan Maslow

American University Law Review

No abstract provided.


Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild Jan 2017

Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild

American University Law Review

No abstract provided.


Building Bridges: Why Expanding Optional Practical Training Is A Valid Exercise Of Agency Authority And How It Helps F-1 Students Transition To H-1b Worker Status, Pia Nitzschke Jan 2017

Building Bridges: Why Expanding Optional Practical Training Is A Valid Exercise Of Agency Authority And How It Helps F-1 Students Transition To H-1b Worker Status, Pia Nitzschke

American University Law Review

No abstract provided.


A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones Jan 2017

A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones

American University Law Review

No abstract provided.


"Dependent Contractors" In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi Jan 2017

"Dependent Contractors" In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi

American University Law Review

No abstract provided.


It's Time To Stop Punting On College Athletes' Rights: Implications Of Columbia University On The Collective Bargaining Rights Of College Athletes, Lucas Novaes Jan 2017

It's Time To Stop Punting On College Athletes' Rights: Implications Of Columbia University On The Collective Bargaining Rights Of College Athletes, Lucas Novaes

American University Law Review

The National Labor Relations Board ruled in Columbia University that student assistants who have a common law employment relationship with their university are statutory employees under the National Labor Relations Act, which granted them full bargaining rights and union protection. However, just one year earlier, the Board decided to not address the question of whether college athletes receiving grant-in-aid scholarships should similarly be accorded the protections of the Act as statutory employees. Importantly, the Board noted that it was well-suited to make that determination in the future.

College athletes have been left in legal limbo as the teams, universities, and …


Sweat Makes The Green Grass Grow: The Precarious Future Of Quatar's Migrant Workers In The Run Up To The 2022 Fifa World Cup Under The Kafala System And Recommendations For Effective Reform, Paula Renkiewicz Jan 2016

Sweat Makes The Green Grass Grow: The Precarious Future Of Quatar's Migrant Workers In The Run Up To The 2022 Fifa World Cup Under The Kafala System And Recommendations For Effective Reform, Paula Renkiewicz

American University Law Review

No abstract provided.


The Second-Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan Jan 2012

The Second-Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan

American University Law Review

Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs’ class certification motion. But for certain employment rights cases—mainly wage claims but also age discrimination and gender equal pay claims—29 U.S.C. § 216(b) allows not class actions but “collective actions” covering just those opting in affirmatively. Yet courts in collective actions assume a gatekeeper role just as they do in Rule 23 class actions, disallowing many actions by requiring a certification motion proving strict …


When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov Jan 2011

When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov

American University Law Review

No abstract provided.


Federal Tails And State Puppy Dogs: Preempting Parallel State Wage Claims To Preserve The Integrity Of Federal Group Wage Actions , Rachel K. Alexander Feb 2009

Federal Tails And State Puppy Dogs: Preempting Parallel State Wage Claims To Preserve The Integrity Of Federal Group Wage Actions , Rachel K. Alexander

American University Law Review

This article addresses the flood of litigation washing through United States federal courts on wage-and-hour group actions and the divergent corresponding district-court rulings. The rapidly growing split in authority relates to the fact that federal law requires that a group wage action be maintained as an opt-in "collective action" while state wage laws may be pursued through an opt-out "class action." With little circuit-court authority on the matter, the parties' arguments and courts' analysis fall all over the map. Despite the myriad of arguments in support of and in opposition to maintaining a state-law opt-out class action in the same …


The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough?, Kati L. Griffith Jan 2009

The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough?, Kati L. Griffith

American University Law Review

With the National Labor Relations Act of 1935 (NLRA), Congress intended to provide private-sector employees with the right to organize collectively for their mutual aid and protection in the workplace. However, the NLRA faces a tsunami of criticism, much of which highlights its inadequacies with respect to protecting collective activity among employees. In light of the NLRA’s myriad limitations, some scholars have developed promising proposals to identify new legal bases for protecting collective activity among employees outside of the NLRA. This Article redirects our gaze back to the NLRA’s potential to protect some forms of collective activity. It elaborates the …


Weighing Influence: Employment Discrimination And The Theory Of Subordinate Bias Liability, Keaton Wong Aug 2008

Weighing Influence: Employment Discrimination And The Theory Of Subordinate Bias Liability, Keaton Wong

American University Law Review

No abstract provided.


Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith Feb 2008

Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith

American University Law Review

Free speech controversies erupt from reactions to outlier voices, and these voices are often those of subordinated citizens such as racial minorities. Employing the tools of narrative, interviews with litigants and subjects, and interdisciplinary analysis of case law, Professor Terry Smith probes whether the social inequality of government employees of color affects the rigor of the First Amendment protection afforded their speech. Professor Smith argues that all public sector employees lack sufficient protection because their speech typically does not receive the highest constitutional scrutiny and because of the Supreme Court's recent decision in Garcetti v. Ceballos, which stripped public sector …


Rejecting Reasonableness: A New Look At Title Vii's Anti-Retaliation Provision, Briane J. Gorod Jan 2007

Rejecting Reasonableness: A New Look At Title Vii's Anti-Retaliation Provision, Briane J. Gorod

American University Law Review

This Article argues that the “reasonableness” requirement of Title VII should be rejected. Under this approach, a plaintiff’s complaint would be protected unless the defendant could establish that the plaintiff was acting in bad faith at the time she made the complaint. Such a standard would offer employers some protection from retaliation suits based on frivolous complaints without compromising the significant goals the retaliation provision can serve. Part I provides background on Title VII and the anti-retaliation provision, particularly the “opposition” clause, explains why the anti-retaliation provision is necessary and how courts have interpreted the scope of the conduct it …


Comparative Evidence Or Common Experience: When Does "Substantial Limitation" Require Proof Under The Americans With Disabilities Act?, Cheryl L. Anderson Jan 2007

Comparative Evidence Or Common Experience: When Does "Substantial Limitation" Require Proof Under The Americans With Disabilities Act?, Cheryl L. Anderson

American University Law Review

No abstract provided.


Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman Dec 2003

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman

American University Law Review

Federal employment strategies for people with disabilities do not seem to be working. Scholars argue that the Americans with Disabilities Act and similar legislation that exemplify the disability theory of integrationism with the goal of integrating people with disabilities into mainstream employment cannot succeed. Society cannot eradicate barriers to employment for people with disabilities simply by the integrationist modest approach of reasonable accommodation. A post-integrationist approach may be required to provide legitimate equal employment opportunities for people with disabilities.

In December 2002, the General Accounting Office released its report on its study of three federal business tax incentives to encourage …


The North American Agreement Of Labor Cooperation And Its Effects On Women Working In Mexican Maquiladoras , Nicole L. Grimm Oct 1998

The North American Agreement Of Labor Cooperation And Its Effects On Women Working In Mexican Maquiladoras , Nicole L. Grimm

American University Law Review

No abstract provided.


The Continuing Validity Of Disparate Impact Analysis For Federal-Sector Age Discrimination Claims , Keith R. Fentonmiller Jun 1998

The Continuing Validity Of Disparate Impact Analysis For Federal-Sector Age Discrimination Claims , Keith R. Fentonmiller

American University Law Review

No abstract provided.


Grasping The Intangible: A Guide To Assessing Nonpecuniary Damages In The Eeoc Administrative Process , Douglas M. Staudmeister Oct 1996

Grasping The Intangible: A Guide To Assessing Nonpecuniary Damages In The Eeoc Administrative Process , Douglas M. Staudmeister

American University Law Review

No abstract provided.


Closer Look At Waters V. Churchill And United States V. National Treasury Employees Union: Constitutional Tensions Between The Government As Employer And The Citizen As Federal Employee, A A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Charles W. Hemingway Jan 1995

Closer Look At Waters V. Churchill And United States V. National Treasury Employees Union: Constitutional Tensions Between The Government As Employer And The Citizen As Federal Employee, A A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Charles W. Hemingway

American University Law Review

No abstract provided.


E-Mail And Voice Mail: Employee Privacy And The Federal Wiretap Statute , Thomas R. Greenberg Jan 1994

E-Mail And Voice Mail: Employee Privacy And The Federal Wiretap Statute , Thomas R. Greenberg

American University Law Review

No abstract provided.


Beware The Toothless Tiger: Critique Of The Model Employment Termination Act, Kenneth A. Sprang Jan 1994

Beware The Toothless Tiger: Critique Of The Model Employment Termination Act, Kenneth A. Sprang

American University Law Review

No abstract provided.


Roots Of The Underclass: The Decline Of Laissez-Faire Jurisprudence And The Rise Of Racist Labor Legislation, David E. Bernstein Jan 1993

Roots Of The Underclass: The Decline Of Laissez-Faire Jurisprudence And The Rise Of Racist Labor Legislation, David E. Bernstein

American University Law Review

No abstract provided.


Rethinking The Managerial-Professional Exemption Of The Fair Labor Standards Act, Peter D. Dechiara Jan 1993

Rethinking The Managerial-Professional Exemption Of The Fair Labor Standards Act, Peter D. Dechiara

American University Law Review

No abstract provided.


Sexual Harassment, Wrongful Discharge, And Employer Liability: The Employer's Dilemma, Sarah Needleman Kline Jan 1993

Sexual Harassment, Wrongful Discharge, And Employer Liability: The Employer's Dilemma, Sarah Needleman Kline

American University Law Review

No abstract provided.


Hiv Testing Of Health Care Workers: Conflict Between The Common Law And The Centers For Disease Control, Mark D. Johnson Jan 1993

Hiv Testing Of Health Care Workers: Conflict Between The Common Law And The Centers For Disease Control, Mark D. Johnson

American University Law Review

No abstract provided.


The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain Jan 1992

The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain

American University Law Review

No abstract provided.