Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bilateral opportunism (1)
- Columbia Law Review (1)
- Contract law (1)
- Economic theory (1)
- Employment discrimination (1)
-
- Employment practice (1)
- Employment practices (1)
- Hostile environment (1)
- Incomplete structuralism (1)
- Indiana Law Journal (1)
- Legal regulation (1)
- Mediating institution (1)
- Problem-solving lawyer (1)
- Redistribution of wealth (1)
- Restrictive covenant (1)
- Rule enforcement (1)
- Rule of enforcement (1)
- Sexual harassment (1)
- Social assistance (1)
- Transaction cost (1)
- UCLA Law Review (1)
- Unemployment insurance (UI) (1)
- Workplace regime (1)
- Workplace relationships (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Restrictive Covenants, Employee Training, And The Limits Of Transaction-Cost Analysis, Gillian Lester
Restrictive Covenants, Employee Training, And The Limits Of Transaction-Cost Analysis, Gillian Lester
Faculty Scholarship
Restrictive covenants are an increasingly common feature of employment, used across a wide range of industries, occupations, and employees. In its most common form, a restrictive covenant prohibits an employee from competing with the employer within a certain geographic area fora specified period of time after departure, usually one or two years. Sometimes these clauses are drawn more narrowly, proscribing specific activities such as continued dealings with former customers. Regardless of scope, the typical remedy when an employee breaches such a covenant is injunctive relief.
A substantial literature within law and economics debates the merits of restrictive covenants from an …
Unemployment Insurance And Wealth Redistribution, Gillian Lester
Unemployment Insurance And Wealth Redistribution, Gillian Lester
Faculty Scholarship
This Article evaluates the merit of liberalizing unemployment insurance eligibility as a means to achieve progressive wealth redistribution-an idea that has recently gained popularity among policymakers and legal scholars. Unemployment insurance (UI) provides temporary, partial wage replacement to workers who suffer unexpected job loss, but it tends to exclude workers who have very low wages or hours of work, or who quit for reasons considered "personal" (for example, to accommodate family demands). Professor Lester argues that while redistribution to workers who are poor or who have caregiving obligations is a desirable goal, expanding UI is a poor way to do …
Second Generation Employment Discrimination: A Structural Approach, Susan Sturm
Second Generation Employment Discrimination: A Structural Approach, Susan Sturm
Faculty Scholarship
The judiciary's traditional rule-based approach has been successful in reducing overt discrimination against women and people of color. It has been less effective in addressing more subtle and complex forms of workplace inequity. These second generation forms of bias result from patterns of interaction, informal norms, networking, mentoring, and evaluation. Drawing on the potential of recent Supreme Court decisions, Professor Sturm proposes a structural regulatory solution to this problem of second generation employment discrimination. Her approach links the efforts of courts, workplaces, employees, lawyers, and mediating organizations to construct a regime that encourages employers to engage in effective problem solving. …