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Labor and Employment Law

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1997

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Articles 91 - 120 of 139

Full-Text Articles in Law

A Legal Roadmap To Privatizing Government Services In Washington State, Nancy Buonanno Grennan Jan 1997

A Legal Roadmap To Privatizing Government Services In Washington State, Nancy Buonanno Grennan

Washington Law Review

Government employers contract out and privatize some of their functions as one way of meeting the public's need for more efficient and effective services. The Washington State Supreme Court, in Washington Federation of State Employees v. Spokane Community College, interpreted the state's civil service laws as imposing a nearly complete bar on contracting out at the state level. That decision was later extended to local public sector employers, who already face complex collective bargaining rules that require them to bargain with unions about contracting out work that has been done or that could be done by their unionized employees. …


The Jurisidctional Shadowland Between The Nlrb And The National Mediation Board: Who's In Charge?, Shaunta M. Knibb Jan 1997

The Jurisidctional Shadowland Between The Nlrb And The National Mediation Board: Who's In Charge?, Shaunta M. Knibb

Washington Law Review

The National Labor Relations Act exempts all persons subject to the Railway Labor Act (RLA) from its jurisdiction. As a result, for over fifty years the National Labor Relations Board (NLRB) has referred challenges to its jurisdiction based on the RLA to the National Mediation Board, the RLA's administering agency. In 1995, however, the NLRB's decisions in Federal Express Corp. and United Parcel Service, Inc. cast doubt on this policy. Even though the Court of Appeals for the District of Columbia then affirmed the NLRB's decision in United Parcel Service, the question of whether the NLRB has the authority …


Learning Disabilities In The Workplace: A Guide To Ada Compliance, Hilary Greer Fike Jan 1997

Learning Disabilities In The Workplace: A Guide To Ada Compliance, Hilary Greer Fike

Seattle University Law Review

This Comment is a guide for both employers and employees in successfully complying with the ADA's provisions, as they relate to persons with learning disabilities. Part II of this paper examines the types of employment discrimination that individuals with learning disabilities encounter in the application, daily work, and promotion processes. Part III provides an overview of the employment discrimination provisions of the ADA and how those provisions apply to people with learning disabilities. To illustrate how different people with learning disabilities fare in the workforce, Part IV includes narratives of two learning disabled people attempting to find equal employment and …


On Balancing Scales, Kaleidoscopes, And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr. Jan 1997

On Balancing Scales, Kaleidoscopes, And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr.

Oklahoma Law Review

No abstract provided.


Employment Law: O'Connor V. Consolidated Coin Caterers Corp. --Eliminating The Replacement Outside The Protected Class Element In Adea Hiring And Replacement Cases, David G. Harris Jan 1997

Employment Law: O'Connor V. Consolidated Coin Caterers Corp. --Eliminating The Replacement Outside The Protected Class Element In Adea Hiring And Replacement Cases, David G. Harris

Oklahoma Law Review

No abstract provided.


Strife, Liberty, And The Pursuit Of Money: Labor Relations In Professional Sports, Craig W. Palm Jan 1997

Strife, Liberty, And The Pursuit Of Money: Labor Relations In Professional Sports, Craig W. Palm

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Collective Bargaining In The National Football League: A Historical And Comparative Analysis, C. Peter Goplerud Iii Jan 1997

Collective Bargaining In The National Football League: A Historical And Comparative Analysis, C. Peter Goplerud Iii

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Brown V. Pro Football, Inc.: You Make The Call, Denise K. Bryant Jan 1997

Brown V. Pro Football, Inc.: You Make The Call, Denise K. Bryant

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Costs Of Agencies: Waters V. Churchill And The First Amendment In The Administrative State, Kermit Roosevelt Iii Jan 1997

The Costs Of Agencies: Waters V. Churchill And The First Amendment In The Administrative State, Kermit Roosevelt Iii

All Faculty Scholarship

106 Yale L. J. 1233 (1997)


The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley Jan 1997

The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley

Scholarly Works

In Foster v. Dalton, the United States Supreme Court approved of the promotion of a less-qualified white male over a better-qualified black female under very suspicious circumstances; in Taxman v. Board of Education, the court invalidated the retention of an equally qualified black female over her white counterpart. The law justifies the disparate results in Foster and Taxman by invoking the principle of race and gender “neutrality” in the decision making process. Under this principle, the law generally prohibits employment determinations based consciously on a person's race or gender. An exception to the “neutrality principle” of Title VII is the …


Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory Jan 1997

Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory

Fordham Urban Law Journal

This Article examines the deep human rights concerns within the transmogrifying world of work, focusing on the integral part that work plays in the definition, construction, maintenance, and enhancement of the social contract in the context of the New York City welfare workforce. Part I reviews the "employee"/partner/independent contractor distinctions, focusing on recent case law, the regulatory tax regime, and related issues. Part II examines the complex pressures that workfare legislation will exert throughout most sectors of the workforce and the unemployed. Part III explores the role of Catholic social teachings on workers' rights as well as the reemergence of …


Building Trust In The Workplace, Carlton J. Snow Jan 1997

Building Trust In The Workplace, Carlton J. Snow

Hofstra Labor & Employment Law Journal

No abstract provided.


Confusion At The National Labor Relations Board: The Misapplication Of Board Precedent To Resolve The Yale University Grade-Strike, Stephen L. Ukeiley Jan 1997

Confusion At The National Labor Relations Board: The Misapplication Of Board Precedent To Resolve The Yale University Grade-Strike, Stephen L. Ukeiley

Hofstra Labor & Employment Law Journal

No abstract provided.


The "Undifferentiating Libido": A Need For Federal Legislation To Prohibit Sexual Harassment By A Bisexual Sexual Harasser, Robin Applebaum Jan 1997

The "Undifferentiating Libido": A Need For Federal Legislation To Prohibit Sexual Harassment By A Bisexual Sexual Harasser, Robin Applebaum

Hofstra Labor & Employment Law Journal

No abstract provided.


Protection Of Existing Workers And The Implementation Of "Workfare", Patricia A. Quigley Jan 1997

Protection Of Existing Workers And The Implementation Of "Workfare", Patricia A. Quigley

Hofstra Labor & Employment Law Journal

No abstract provided.


In Remembrance Of Samuel M. Kaynard, Stuart Rabinowitz, Eric J. Schmertz, William B. Gould Iv Jan 1997

In Remembrance Of Samuel M. Kaynard, Stuart Rabinowitz, Eric J. Schmertz, William B. Gould Iv

Hofstra Labor & Employment Law Journal

No abstract provided.


Legislative Intent And Impasse Resolution Under The National Labor Relations Act: Does Law Matter?, Ellen J. Dannin Jan 1997

Legislative Intent And Impasse Resolution Under The National Labor Relations Act: Does Law Matter?, Ellen J. Dannin

Hofstra Labor & Employment Law Journal

No abstract provided.


Where Are We Now?: Life After Electromation, Rafael Gely Jan 1997

Where Are We Now?: Life After Electromation, Rafael Gely

Hofstra Labor & Employment Law Journal

No abstract provided.


Principles Of Agency Permit The Nlrb To Consider Additional Factors Of Entrepreneurial Independence And The Relative Dependence Of Employees When Determining Independent Contractor Status Under Section 2(3), Ruth Burdick Jan 1997

Principles Of Agency Permit The Nlrb To Consider Additional Factors Of Entrepreneurial Independence And The Relative Dependence Of Employees When Determining Independent Contractor Status Under Section 2(3), Ruth Burdick

Hofstra Labor & Employment Law Journal

No abstract provided.


Arbitration Of Statutory Claims In A Union Setting: History, Controversy And A Simpler Solution, Janet Mceneaney Jan 1997

Arbitration Of Statutory Claims In A Union Setting: History, Controversy And A Simpler Solution, Janet Mceneaney

Hofstra Labor & Employment Law Journal

No abstract provided.


Why Doma And Not Enda?: A Review Of Recent Federal Hostility To Expand Employment Rights And Protection Beyond Traditional Notions, Pat P. Putignano Jan 1997

Why Doma And Not Enda?: A Review Of Recent Federal Hostility To Expand Employment Rights And Protection Beyond Traditional Notions, Pat P. Putignano

Hofstra Labor & Employment Law Journal

No abstract provided.


The Human Genome Project: The Road To Our Improved Health Or The New Civil Rights Movement, Danielle Leventhal Jan 1997

The Human Genome Project: The Road To Our Improved Health Or The New Civil Rights Movement, Danielle Leventhal

Hofstra Labor & Employment Law Journal

No abstract provided.


Maintaining Employees' Privacy Of Hiv And Aids Information In The Workplace, Erika L. Greenfield Jan 1997

Maintaining Employees' Privacy Of Hiv And Aids Information In The Workplace, Erika L. Greenfield

Hofstra Labor & Employment Law Journal

No abstract provided.


Proceedings Of The 1997 Annual Meeting Association Of American Law School Sections On Employment Discrimination Law And Alternative Dispute Resolution, Theodore J. St. Antoine, Herbert Bernhardt, Catherine Hagen, Paul Tobias, Marion Zinman Jan 1997

Proceedings Of The 1997 Annual Meeting Association Of American Law School Sections On Employment Discrimination Law And Alternative Dispute Resolution, Theodore J. St. Antoine, Herbert Bernhardt, Catherine Hagen, Paul Tobias, Marion Zinman

Other Publications

The following is an edited transcript of the proceedings of the joint meeting of the Employment Discrimination Law and Alternative Dispute Resolution Sections at the AALS Annual Meeting, Washington, D.C., January 7, 1997.


Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt Jan 1997

Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.


Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky Jan 1997

Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky

Faculty Articles

No abstract provided.


Pre-Employment Screening And Investigation: Navigating Between A Rock And A Hard Place, Stephen F. Befort Jan 1997

Pre-Employment Screening And Investigation: Navigating Between A Rock And A Hard Place, Stephen F. Befort

Hofstra Labor & Employment Law Journal

No abstract provided.


Labor Or Antitrust - Let The Players Choose, Robert A. Mccormick Jan 1997

Labor Or Antitrust - Let The Players Choose, Robert A. Mccormick

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Major League Baseball's Labor Turmoil: The Failure Of The Counter-Revolution, Jeffrey S. Moorad Jan 1997

Major League Baseball's Labor Turmoil: The Failure Of The Counter-Revolution, Jeffrey S. Moorad

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Restoring Regard For The Regarded As Prong: Giving Effect To Congressional Intent, Arlene B. Mayerson Jan 1997

Restoring Regard For The Regarded As Prong: Giving Effect To Congressional Intent, Arlene B. Mayerson

Villanova Law Review

No abstract provided.