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Full-Text Articles in Law

I Swear! From Shoptalk To Social Media: The Top Ten National Labor Relations Board Profanity Cases, Christine Neylon O'Brien Oct 2016

I Swear! From Shoptalk To Social Media: The Top Ten National Labor Relations Board Profanity Cases, Christine Neylon O'Brien

St. John's Law Review

(Excerpt)

This Article curates and analyzes ten recent cases where the NLRB decided whether or not § 7 protected employee swearing, with a view toward defining the implications of these decisions for employers and employees in terms of employer rules and discipline, and employee rights and limits thereon. The Article outlines the NLRB’s role and perspective in cases where employees are disciplined or discharged for engaging in profanity at work and/or on social media when the conduct in question is otherwise protected concerted activity. The Article summarizes the facts in each case while analyzing the legal framework that the NLRB …


The Settlement Of Labor Disputes In Industries Affected With A National Interest, James J. Graham Oct 2016

The Settlement Of Labor Disputes In Industries Affected With A National Interest, James J. Graham

The Catholic Lawyer

No abstract provided.


A Reconsideration Of The Right To Strike, James Graham Oct 2016

A Reconsideration Of The Right To Strike, James Graham

The Catholic Lawyer

No abstract provided.


Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees Jul 2016

Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees

The Catholic Lawyer

No abstract provided.


Can Nothing Be Said For State "Right-To-Work" Laws?, John E. Coogan, S.J. Apr 2016

Can Nothing Be Said For State "Right-To-Work" Laws?, John E. Coogan, S.J.

The Catholic Lawyer

No abstract provided.


Morality Of Right-To-Work Laws: Additional Comments, Bernard H. Fitzpatrick Apr 2016

Morality Of Right-To-Work Laws: Additional Comments, Bernard H. Fitzpatrick

The Catholic Lawyer

No abstract provided.


Morality Of Right-To-Work Laws, Bernard H. Fitzpatrick Apr 2016

Morality Of Right-To-Work Laws, Bernard H. Fitzpatrick

The Catholic Lawyer

No abstract provided.


People Analytics And Invisible Labor, Miriam A. Cherry Jan 2016

People Analytics And Invisible Labor, Miriam A. Cherry

Faculty Publications

(Excerpt)

In recent years, I have been writing about two increasingly salient labor and employment law issues: the presence of invisible labor and the rise of people analytics.' First, invisible labor could include emotion work, such as being a colleague's "work wife," or could include "identity work" that is time and effort spent on making others feel comfortable with the worker. Invisible labor might also include uncompensated time spent in "looking good" and "sounding right." It could also include instances where technology obscures work that is being done through a website platform or mobile application. The second trend is …


Too Much Information!: The Need For Stronger Privacy Protection For The Online Activities Of Employees And Applicants, Ralph Carter Jan 2016

Too Much Information!: The Need For Stronger Privacy Protection For The Online Activities Of Employees And Applicants, Ralph Carter

Journal of Civil Rights and Economic Development

No abstract provided.


The Two Laws Of Sex Stereotyping, Noa Ben-Asher Jan 2016

The Two Laws Of Sex Stereotyping, Noa Ben-Asher

Faculty Publications

This Article offers two main contributions to the study of sex stereotyping. First, it identifies an organizing principle that explains why some forms of sex stereotyping are today legally prohibited while others are not. Second, it argues for a shift in the current rights framework—from equal opportunity to individual liberty—that could assist courts and other legal actors to appreciate the harms of currently permissible forms of sex stereotyping. Commentators and courts have long observed that the law of sex stereotyping has many inconsistencies. For instance, it is lawful today for the state to require that unwed biological fathers, but not …