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Full-Text Articles in Law

The American Experience With Employee Noncompete Clauses: Constraints On Employees Flourish And Do Real Damage In The Land Of Economic Liberty, Kenneth G. Dau-Schmidt, Xiaohan Sun, Phillip J. Jones Jan 2022

The American Experience With Employee Noncompete Clauses: Constraints On Employees Flourish And Do Real Damage In The Land Of Economic Liberty, Kenneth G. Dau-Schmidt, Xiaohan Sun, Phillip J. Jones

Articles by Maurer Faculty

Agreements not to compete are generally an anathema to free market advocates. Independent profit maximization is one of the fundamental assumptions of the neoclassical economic model and necessary to its conclusion that markets yield results that are Paraeto efficient. Consistent with this theory, and practical experience, agreements among competitors, or potential competitors, to divide a market, or fix price or quantity are per se violations under our antitrust laws.

Despite this fact, even some ardent free market advocates have argued on behalf of the enforcement of covenants not to compete in the employment relationship. The traditional economic argument in favor …


Chosen Family, Care, And The Workplace, Deborah Widiss Nov 2021

Chosen Family, Care, And The Workplace, Deborah Widiss

Articles by Maurer Faculty

Employees often request time off work to care for the medical needs of loved ones who are part of their extended or chosen family. Until recently, most workers would not have had any legal right to take such leave. A rapidly growing number of state laws, however, not only guarantee paid time off for family health needs, but also adopt innovative and expansive definitions of eligible family.

Several provide leave to care for intimate partners without requiring legal formalization of the relationship. Some go further to include any individual who has a relationship with the employee that is “like” or …


Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer Jun 2013

Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer

Indiana Journal of Law and Social Equality

No abstract provided.


Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss Jan 2008

Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss

Articles by Maurer Faculty

In recent years, domestic violence legislation has migrated out of its traditional locus in family law and criminal law to include a rapidly growing body of employment law. The new laws respond to a relatively simple problem: Economic security is one of the most important factors in whether a victim of domestic violence will be able to separate from an abusive partner, but domestic violence often interferes with victims' ability to maintain jobs, thus causing job loss that further traps victims in abusive relationships. By providing supports to victims and empowering employers to take direct legal action against perpetrators of …


Governance Of The Workplace: The Contemporary Regime Of Individual Contract, Kenneth G. Dau-Schmidt, Timothy A. Haley Jan 2007

Governance Of The Workplace: The Contemporary Regime Of Individual Contract, Kenneth G. Dau-Schmidt, Timothy A. Haley

Articles by Maurer Faculty

No abstract provided.


Advocating For The Employment Rights Of Victims Of Domestic Violence And Sexual Assault, Deborah A. Widiss, Robin R. Runge Jan 2007

Advocating For The Employment Rights Of Victims Of Domestic Violence And Sexual Assault, Deborah A. Widiss, Robin R. Runge

Articles by Maurer Faculty

No abstract provided.


Employment Protection For Domestic Violence Victims, Deborah A. Widiss, Wendy R. Weiser Jan 2004

Employment Protection For Domestic Violence Victims, Deborah A. Widiss, Wendy R. Weiser

Articles by Maurer Faculty

No abstract provided.


Employment In The New Age Of Trade And Technology: Implications For Labor And Employment Law, Kenneth G. Dau-Schmidt Jan 2001

Employment In The New Age Of Trade And Technology: Implications For Labor And Employment Law, Kenneth G. Dau-Schmidt

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.


Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith Jan 1996

Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Some Aspects Of Coverage Of The Social Security Act: What Is "Employment"?, Peter Seitz Jun 1941

Some Aspects Of Coverage Of The Social Security Act: What Is "Employment"?, Peter Seitz

Indiana Law Journal

No abstract provided.


The Problem Of Coverage, Charles J. Barnhill, William M. Bloom, W. Daniel Bretz Jr., John R. Danch Jun 1941

The Problem Of Coverage, Charles J. Barnhill, William M. Bloom, W. Daniel Bretz Jr., John R. Danch

Indiana Law Journal

No abstract provided.


Workmen's Compensation-Injury Arising Out Of And In The Course Of The Employment-Shooting Of Non-Union Miner By Picket During Strike Feb 1935

Workmen's Compensation-Injury Arising Out Of And In The Course Of The Employment-Shooting Of Non-Union Miner By Picket During Strike

Indiana Law Journal

No abstract provided.


Workmen's Compensation-Accidents Arising Out Of And In The Course Of Employment Jan 1934

Workmen's Compensation-Accidents Arising Out Of And In The Course Of Employment

Indiana Law Journal

No abstract provided.


Workmen's Compensation-Injuries Arising Out Of Employment Dec 1930

Workmen's Compensation-Injuries Arising Out Of Employment

Indiana Law Journal

No abstract provided.