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Articles 1 - 18 of 18
Full-Text Articles in Law
It’S Past Time: Unionization And Self-Determination In Minor League Baseball, Chris Rowley
It’S Past Time: Unionization And Self-Determination In Minor League Baseball, Chris Rowley
University of Colorado Law Review
For more than a century, labor disputes have tormented the relationship between American professional baseball players and management. Although Major League Baseball players unionized in the 1960s, disagreements over workplace conditions and ever-growing profit allocations endured for decades. The first thirty years of collective bargaining between players and League post-unionization fostered notable improvements in players’ labor conditions. However, those years were also plagued by acrimonious negotiations, grievances, lawsuits, lockouts, strikes, and eventually, the cancellation of the 1994 World Series. The story in Minor League Baseball is altogether different. Its players, despite their close nexus with the Major League game, did …
Politics Before Pensions: How New Esg Rules Expose Public Pension System Vulnerabilities, Danilo Risteski
Politics Before Pensions: How New Esg Rules Expose Public Pension System Vulnerabilities, Danilo Risteski
University of Colorado Law Review
As some of the largest institutional investors in the United States, public pension funds wield considerable power over investment decisions. A recent trend highlights this extraordinary power: state pension funds have started exploiting their retirees’ pensions to force investment companies to invest in accordance with their respective states’ political priorities. Nowhere is this trend more obvious than in the environmental, social, and governance field. On one hand, states like Maine have passed legislation prohibiting public pension funds from investing in fossil fuels companies. On the other hand, states like Texas have passed laws prohibiting state entities from doing business with …
Union Autonomy And Federal Intrusion, Hannah Borowski
Union Autonomy And Federal Intrusion, Hannah Borowski
University of Colorado Law Review
Union autonomy, a critical aspect of the health and growth of unions and employee power broadly, is weakened by (1) the Department of Justice’s (DOJ) attempts to target organized crime through civil Racketeer Influenced and Corrupt Organizations Act (RICO) litigation against unions and (2) the creation of federal trusteeships in settlement, both of which can be analyzed through litigation between the DOJ and the International Brotherhood of Teamsters (Teamsters or IBT) at the end of the 20th century. The field of compliance offers a solution to prevent these breaches of union autonomy. Relying on the Federal Sentencing Guidelines and the …
Essential, Not Expendable: Protecting The Economic Citizenship Of Agricultural Workers, Hunter Knapp
Essential, Not Expendable: Protecting The Economic Citizenship Of Agricultural Workers, Hunter Knapp
University of Colorado Law Review
No abstract provided.
Ball Never Lies: How Guaranteed Contracts Provide Nba Players More Security Than Nfl Players To Advocate For Social Justice, Matthew Epstein
Ball Never Lies: How Guaranteed Contracts Provide Nba Players More Security Than Nfl Players To Advocate For Social Justice, Matthew Epstein
University of Colorado Law Review
No abstract provided.
The Save America's Pastime Act: Special-Interest Legislation Epitomized, Nathaniel Grow
The Save America's Pastime Act: Special-Interest Legislation Epitomized, Nathaniel Grow
University of Colorado Law Review
Buried deep within the 2,232-page omnibus federal spending bill passed by Congress in March 2018 was an obscure, halfpage provision entitled the "Save America's Pastime Act" (SAPA). The SAPA was inserted into the spending bill at the last minute at the behest of Major League Baseball (MLB) following several years-and several million dollars' worthof lobbying efforts. MLB pursued the legislation to insulate its minor league pay practices from legal challenge after they had become the subject of a federal class action lawsuit alleging that the league's teams failed to pay minor league players in accordance with the Fair Labor Standards …
Whose Gig Is It Anyway? Technological Change, Workplace Control And Supervision, And Workers' Rights In The Gig Economy, Alex Kirven
University of Colorado Law Review
Under the current regime of employment and labor laws, coverage is determined on the basis of whether a given worker is an employee as opposed to an independent contractor. These laws contain inadequate definitions of "employee," leaving it up to the court system and administrative agencies to define the term. The current tests that they use fail to capture the realities of the gig economy, a system that purports to promote greater worker freedom through the fragmentation of work assignments into smaller tasks or gigs. The gig economy has offered consumers lower prices and has given workers greater autonomy in …
The Law And Policy Of People Analytics, Matthew T. Bodie, Miriam A. Cherry, Marcia L. Mccormick, Jintong Tang
The Law And Policy Of People Analytics, Matthew T. Bodie, Miriam A. Cherry, Marcia L. Mccormick, Jintong Tang
University of Colorado Law Review
No abstract provided.
Courts' Struggle With Infertility: The Impact Of Hall V. Nalco On Infertility-Related Employment Discrimination, Kerry Van Der Burch
Courts' Struggle With Infertility: The Impact Of Hall V. Nalco On Infertility-Related Employment Discrimination, Kerry Van Der Burch
University of Colorado Law Review
This Note focuses on a recent Seventh Circuit case of first impression, Hall v. Nalco, which held that Title VII prohibits an employer from firing an employee for absenteeism related to infertility treatments. Because Hall is the first circuit court decision to rule that fertility-treatment discrimination can be a form of sex discrimination under Title VII, it represents a victory for infertile employees suffering from workplace discrimination. Yet Hall tells a tale of missed opportunities. This Note highlights how both the Seventh Circuit and the plaintiff, Cheryl Hall, missed opportunities to expand legal protection for employees undergoing infertility treatments. First, …
Independent Investigations: An Inequitable Out For Employers In Cat's Paw Cases, Sean Ratliff
Independent Investigations: An Inequitable Out For Employers In Cat's Paw Cases, Sean Ratliff
University of Colorado Law Review
This Comment addresses the extent to which judges should be allowed to grant summary judgment for employers who conduct "independent investigations" in cat's paw employment cases. A cat's paw employment case is one in which an employee attempts to hold an employer liable for an adverse action based upon the conduct of a biased supervisor. The supervisor, who lacks decision-making authority, may have influenced or participated in the decision to take the adverse employment action. Currently, the circuits split over the requisite level of influence that the supervisor must have over the ultimate decisionmaker in order to impute liability. This …
Federal Question Jurisdiction And The Federal Arbitration Act, Richard A. Bales, Jamie L. Ireland
Federal Question Jurisdiction And The Federal Arbitration Act, Richard A. Bales, Jamie L. Ireland
University of Colorado Law Review
The Federal Arbitration Act ("FAA") gives signatories to an arbitration agreement the right to have that agreement specifically enforced. The FAA does not, however, confer federal subject matter jurisdiction. Absent federal jurisdiction, a party seeking enforcement under the FAA must sue in state court. State courts, however, are far more likely than federal courts to use state contract law doctrines to avoid enforcing arbitration agreements. This has led parties seeking enforcement to look for other ways into federal court. Some federal courts have found jurisdiction over enforcement actions when the underlying dispute involves a federal question, such as when an …
Class Dismissed: Equal Protection, The "Class-Of-One," And Employment Discrimination After Engquist V. Oregon Department Of Agriculture, Matthew M. Morrison
Class Dismissed: Equal Protection, The "Class-Of-One," And Employment Discrimination After Engquist V. Oregon Department Of Agriculture, Matthew M. Morrison
University of Colorado Law Review
This Note examines whether government employees should be able to assert so-called "class-of-one" claims against public employers under the Fourteenth Amendment's Equal Protection Clause. Traditional equal protection claims allege that the government has impermissibly singled out the plaintiff for disparate treatment on account of his or her race, gender, or some other trait shared with a larger class of individuals. Such claims reflect the traditional understanding of the Equal Protection Clause as a prohibition on discriminatory group classifications. Class-of-one claims, however, merely allege that the plaintiff was intentionally singled out from other similarly situated individuals and subjected to unequal treatment …
Mother Jones Meets Gordon Gekko: The Complicated Relationship Between Labor And Private Equity, Matthew T. Bodie
Mother Jones Meets Gordon Gekko: The Complicated Relationship Between Labor And Private Equity, Matthew T. Bodie
University of Colorado Law Review
In 2007, private equity firms came under increasing scrutiny for the favorable tax treatment accorded to their fund managers' compensation. Labor, particularly the Service Workers International Union ("SEIU), was instrumental in bringing this issue to the attention of the media and the public. However, SEIU's private equity campaign is just one way in which the union is pursuing its primary concern: increasing the ranks of its members. This Article examines the role that the SEIU private equity campaign plays both in the overall debate about private equity taxation as well as in the union's negotiations with private equity firms. It …
A Chain Of Inferences Proving Discrimination, Michael J. Zimmer
A Chain Of Inferences Proving Discrimination, Michael J. Zimmer
University of Colorado Law Review
There are three elements in a plaintiff's prima facie case of individual disparate treatment discrimination: (1) the plaintiff suffered an adverse employment action, (2) the action was linked to the defendant, and (3) the defendant's action was motivated by a protected characteristic of the plaintiff. The third element-the defendant's intent to discriminateis the most challenging to prove. Thus, most individual disparate treatment discrimination cases, and this Article, focus on this inquiry. Part of the difficulty is that the second element-the level of linkage between the plaintiff's harm and the defendant's action-has been tied up in the discussion of intent. After …
Accommodating The Female Body: A Disability Paradigm Of Sex Discriminatio, Jessica L. Roberts
Accommodating The Female Body: A Disability Paradigm Of Sex Discriminatio, Jessica L. Roberts
University of Colorado Law Review
This Article presents a novel approach for understanding sex discrimination in the workplace by integrating three distinct areas of scholarship: disability studies, employment law, and architectural design. Borrowing from disabilities studies, I argue that the built environment serves as a situs of sex discrimination. In the first Part, I explain how the concept of disability has progressed from a problem located within the body of an individual with a disability to the failings of the built environment in which that person functions. Using this paradigm, in the next Part, I reframe workplaces constructed for male workers as instruments of sex …
Title Vii: What's Hair (And Other Race-Based Characteristics)G Ot To Do With It?, D. Wendy Greene
Title Vii: What's Hair (And Other Race-Based Characteristics)G Ot To Do With It?, D. Wendy Greene
University of Colorado Law Review
Title VII of the 1964 Civil Rights Act prohibits discrimination in employment on the basis of race, color, national origin, religion, and sex. Many Title VII cases have arisen when an applicant's or employee's non-conformity with an employer's policy barring certain hairstyles or clothing has resulted in an adverse employment action, such as a denial or termination of employment. Generally, courts have not deemed an adverse employment action resulting from an applicant's or employee's non-conformity with an employment policy banning the display of mutable characteristics commonly associated with a particular racial or ethnic group a violation of Title VIis proscription …
Protecting Whistleblowers By Contract, Richard Moberly
Protecting Whistleblowers By Contract, Richard Moberly
University of Colorado Law Review
Numerous statutes and the tort of wrongful discharge pur-port to prohibit companies from retaliating against employee whistleblowers. However, whistleblowers often lose retaliation lawsuits because these statutory and common law tort protections depend upon a variety of nuanced factors, such as the employer for whom the whistleblower works, the kind of wrongdoing reported, the way in which the employee blew the whistle, and, under some laws, the willingness of an administrative agency to investigate the whistleblower's claim. Given these difficulties, this Article explores an alternate route for whistleblower protection: enforcing the existing contract protections that private employers currently provide employees when …
A Different Kind Of Labor Law: Vagrancy Law And The Regulation Of Harvest Labor, 1913-1924, Ahmed A. White
A Different Kind Of Labor Law: Vagrancy Law And The Regulation Of Harvest Labor, 1913-1924, Ahmed A. White
University of Colorado Law Review
No abstract provided.