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Articles 31 - 54 of 54
Full-Text Articles in Law
Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru
Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru
Articles in Law Reviews & Other Academic Journals
Professional sports organizations' relationships with their players are, like other employer-employee relationships, subject to scrutiny under the antidiscrimination mandates embedded in Title VII of the Civil Rights Act of 1964. Professional sports organizations are, however, unique among employers in many respects. Most notably, unlike other employers, professional sports organizations attract avid supporters who identify deeply with the teams and their players. To the extent an organization racially discriminates, therefore, such discrimination creates the risk that fans will identify with the homogenous or racially disproportionate roster that results. The consequences of such race-based team identification are wide-reaching and potentially tragic. Through …
The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck
The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck
Articles in Law Reviews & Other Academic Journals
The number of investment treaties has surged in the past decade. Even now, the United States and Canada are actively engaged in programs designed to facilitate the completion of multilateral treaties such as the Dominican Republic-Central American Free Trade Agreement (CAFTA-DR) and Bilateral Investment Treaties (BITs). These investment treaties act like economic bills of rights, which grant foreign investors substantive protections and procedural rights to facilitate investment. Sovereigns, meanwhile, may benefit from these treaties by obtaining increased foreign direct investment, which may promote the development of their country's infrastructure 6 and offer citizens basic services including access to clean water, …
Two Modern Antitrust Moments: A Comment On Fenton And Kwoka, Jonathan Baker
Two Modern Antitrust Moments: A Comment On Fenton And Kwoka, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark
Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein
The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Barriers To Immigrant Laborers' Access To Workplace Rights, Anita Sinha
Barriers To Immigrant Laborers' Access To Workplace Rights, Anita Sinha
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Addressing Sexual Misconduct In Community Corrections, Brenda V. Smith, Maureen Buell, Elizabeth Layman, Susan W. Mccampbell
Addressing Sexual Misconduct In Community Corrections, Brenda V. Smith, Maureen Buell, Elizabeth Layman, Susan W. Mccampbell
Articles in Law Reviews & Other Academic Journals
INAPPROPRIATE RELATIONSHIPS BETWEEN OFFENDERS AND EMPLOYEES of community-based corrections organizations have emerged as a serious issue. Among the most dangerous and destructive of these inappropriate relationships is sexual misconduct. The very nature of community corrections, with semi-autonomous employees, the increasing focus on a rehabilitative rather than the punitive model, the increase of offenders assigned to these programs, and actual allegations of sexual misconduct have raised the awareness of administrators of the need for action.
Empathy, Spring, And Fervorino, Susan Bennett
Empathy, Spring, And Fervorino, Susan Bennett
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Litigation Against Employment Penalties For Pregnancy, Breastfeeding, And Childcare, Candace Kovacic-Fleischer
Litigation Against Employment Penalties For Pregnancy, Breastfeeding, And Childcare, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Ombudsman Offices In The Federal Government - An Emerging Trend, Jeffrey Lubbers
Ombudsman Offices In The Federal Government - An Emerging Trend, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer
United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
ABSTRACT: In this Article, Professor Kovacic-Fleischer argues that the Supreme Court's recent decision in United States v. Virginia raises gender equal protection analysis to the level of strict scrutiny. Professor Kovacic-Fleischer asserts that the Court's refusal to accept as immutable VMI's single-sex institutional design, and the Court's requirement that VMT make adjustments and alterations that will enable qualified women to undertake VM's curriculum evidences this shift in gender equal protection analysis. Professor Kovacic-Fleischer then turns to the significance of the Court's citation to California Federal Savings & Loan Association v. Guerra. She asserts that this citation indicates that the Court …
Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem
Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley
Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley
Articles in Law Reviews & Other Academic Journals
At the turn of the century in both the United States and in Europe, governments enacted laws to protect women from the most harmful aspects of industrialization. One such piece of protective legislation was the ban on the employment of women at night. Discovering that regulation of working hours had a negative effect on their competition in the world market, these western states looked to impose this standard internationally. Thus in 1919 the International Labor Organization enacted the Convention Concerning Employment of Women During the Night.
By the time the International Labor Organization responded to complaints that the convention was …
Public Employment Law And The Transition To Democracy In Chile, Robert Vaughn
Public Employment Law And The Transition To Democracy In Chile, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …
A Hazardous Mix: Discretion To Disclose And Incentives To Suppress Under Osha's Hazard Communication Standard [Note], Susan Carle
A Hazardous Mix: Discretion To Disclose And Incentives To Suppress Under Osha's Hazard Communication Standard [Note], Susan Carle
Articles in Law Reviews & Other Academic Journals
Discusses hazardous products and the Hazardous Communication Standard which requires chemical manufacturers to provide warnings for dangerous products.
Remedying Underinclusive Statutes, Candace Kovacic-Fleischer
Remedying Underinclusive Statutes, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: A California employer who does not want to comply with California's mandatory unpaid pregnancy leave statute has reached the United States Supreme Court. The employer seeks to have the statute invalidated, claiming it is preempted by the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964. The employer is arguing that the California pregnancy leave act is fatally underinclusive because it does not provide similar employment protection for workers with short-term disabilities. The district court agreed with the employer; the court of appeals did not.
Fighting City Hall With The Equality Rights Provisions Of The Canadian Charter Of Rights And Freedoms, Jonathan Baker
Fighting City Hall With The Equality Rights Provisions Of The Canadian Charter Of Rights And Freedoms, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Applying Restitution To Remedy A Discriminatory Denial Of Partnership, Candace Kovacic-Fleischer
Applying Restitution To Remedy A Discriminatory Denial Of Partnership, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
This article suggests that a plaintiff can bring a state cause of action in restitution, liability in unjust enrichment, as an alternative to a federal cause of action in Title VII if the plaintiff was discriminatorily denied partnership by a firm that paid her a salary, but billed her time by the hour to clients. If the firm earned more than it paid in salary and overhead to the plaintiff, that amount would be defendant’s gain, one of the elements of an action in restitution, and the amount to be disgorged should plaintiff prove the other two elements, that the …
Employer Sanctions And Other Labor Market Restrictions On Alien Employment: The Scorched Earth Approach To Immigration Control, Juan E. Mendez
Employer Sanctions And Other Labor Market Restrictions On Alien Employment: The Scorched Earth Approach To Immigration Control, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Preferences In Public Employment, Robert Vaughn
Preferences In Public Employment, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Open and competitive examination is generally perceived as the surest method of ensuring that public employees are selected on the basis of their merit and ability. Since the Pendleton Act of 1883, legislation has continually attempted to implement the view that efficient and impartial public sector employment requires that qualifications be demonstrated in an objective examination. But blacks, women and other minorities have been systematically excluded from public employment. This exclusion has resulted not only from bias in the examination, but also from other less visible aspects of the appointment process which supplant strict merit selection.
The Sanctions Provisions Of The Freedom Of Information Act, Robert Vaughn
The Sanctions Provisions Of The Freedom Of Information Act, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: The sanctions provision of the Freedom of Information Act amendments (Amendments)' provides a procedure whereby agency personnel who have withheld requested information may be subject to disciplinary action if a court, in ordering production of the documents and assessing against the United States reasonable attorneys' fees and other litigation costs, also issues a finding that a question of fact exists as to whether agency personnel acted arbitrarily or capriciously. Although the provision is relatively brief, it is potentially the most important amendment to the Freedom of Information Act (FOIA) and one of the most important congressional enactments in recent …
The Personal Accountability Of Public Employees, Robert Vaughn
The Personal Accountability Of Public Employees, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: The most important developments in the nature of the public employment relationships have been those which increased the personal accountability of public employees. Civil service systems, particularly in regulatory areas, have been criticized as insulating public employees and removing incentives to perform their public duties.' Recent judicial decisions developing tort liability of public employees and the recent action of the United States Congress in passing the Freedom of Information Act [FOIA) sanctions provision portend future use of the concept of personal accountability as a means of controlling administrative abuse. Throughout deliberation on the FOIA sanctions provision, opposition to the …