Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Employment (3)
- Gender and the Law (3)
- Crimes Against the Person (2)
- Dispute Resolution (2)
- Employment Practice and the Law (2)
-
- Harassment (2)
- Race (2)
- Title IX (2)
- Academia (1)
- Accreditation (1)
- Amateur Athletics (1)
- Arbitration (1)
- At-will employment doctrine (1)
- COVID-19 (1)
- COVID-19 pandemic (1)
- Capitalism (1)
- Caregivers (1)
- Caregiving (1)
- Civil Rights (1)
- Collective action (1)
- Collective bargaining (1)
- College Athletics (1)
- Constitutional law (1)
- Consumption law (1)
- Democratic socialism (1)
- Discrimination (1)
- Elections and Voting Law (1)
- Employment law (1)
- Employment screening (1)
- Faculty hiring (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
The Intersectional Race And Gender Effects Of The Pandemic In Legal Academia, Angela Onwuachi-Willig
The Intersectional Race And Gender Effects Of The Pandemic In Legal Academia, Angela Onwuachi-Willig
Faculty Scholarship
Just as the COVID-19 pandemic helped to expose the inequities that already existed between students at every level of education based on race and socioeconomic class status, it has exposed existing inequities among faculty based on gender and the intersection of gender and race. The legal academy has been no exception to this reality. The widespread loss of childcare and the closing of both public and private primary and secondary schools have disproportionately harmed women law faculty, who are more likely than their male peers to work a “second shift” in terms of childcare and household responsibilities. Similarly, women law …
Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris
Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris
Faculty Scholarship
The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when hiring faculty and administrators with little or no scrutiny related to their past misconduct. Critics use the term “pass the harasser” or more pejoratively, “pass the trash” to capture the role that institutions play in allowing individuals to change institutions without the new employer learning …
Perpetuating Inequality: What Salary History Bans Reveal About Wages, James Bessen, Chen Meng, Erich Denk
Perpetuating Inequality: What Salary History Bans Reveal About Wages, James Bessen, Chen Meng, Erich Denk
Faculty Scholarship
Pay gaps for women and minorities have persisted after accounting for observable differences. Why? If employers can access applicants’ salary histories while bargaining over wages, they can take advantage of past inequities, perpetuating inequality. Recently, a dozen US states have banned employer access to salary histories. We analyze the effects of these salary history bans (SHBs) on employer wage posting and pay in a difference-in-differences design. Following SHBs, employers posted wages more often and increased pay for job changers, particularly for women (6.4%) and non-whites (7.7%). Bargaining behavior appears to account for much of the persistence of residual wage gaps.
Covid-19 And The Caregiving Crisis: The Rights Of Our Nation's Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley
Covid-19 And The Caregiving Crisis: The Rights Of Our Nation's Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley
Faculty Scholarship
In March 2020, the United States declared a pandemic due to the global Covid-19 virus. Across the nation and within a matter of days, workplaces, schools, childcare, and eldercare facilities shuttered. People retreated to their homes to shelter-in-place and slow the spread of the virus for what would become a much longer time than most initially anticipated. Now, more than a year into the pandemic, many professional and personal lives have been upended and become inextricably intertwined. Work is now home, and home is now work. Work is completed at all times of day and well into the night. Children …
Introduction: What Matters For Black Workers After 2020?, Michael Z. Green
Introduction: What Matters For Black Workers After 2020?, Michael Z. Green
Faculty Scholarship
This paper operates as the Introduction to a Symposium that resulted from a Call for Papers discussing the topic of "What Matters for Black Workers after 2020?" to be published in the 25th volume of the Employee Rights and Employment Policy Journal for 2021. This paper briefly discusses the papers in that Symposium publication authored by Jamillah Bowman Williams, Michael Duff, and Henry Chambers that address this topic. I thank Noah Zatz, Marty Malin, Michael Oswalt, Marcia McCormick, and Tristan Kirvan for their dedicated efforts, feedback, and encouragement in completing this Symposium issue for the journal on this very important …
Divorce And The Collapse Of The Three-Legged Stool: Setting Servicemembers Up For Success In The Age Of Brs And Covid-19, Kan Samuel
Faculty Scholarship
No abstract provided.
Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker
Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker
Faculty Scholarship
No abstract provided.
Severe Or Pervasive Should Not Mean Impossible And Unattainable: Why The "Severe Or Pervasive" Standard For A Claim Of Sexual Harassment And Discrimination Should Be Replaced With A Less Stringent And More Current Standard, Kristy D'Angelo-Corker
Faculty Scholarship
No abstract provided.
Let's Get Serious - The Clear Case For Compensating The Student Athlete - By The Numbers - A University Of Michigan Athletic Program Case Study, Neal Newman
Faculty Scholarship
Should college athletes be compensated for their play and if so, how? The first question has been a debate for some time now. But the second question—the “how”—not so much. This writing addresses both questions in depth. With the Ed O’Bannon case that was decided back in August of 2014 and the palaver the Northwestern football team raised in their efforts to unionize, it is acknowledged that the discussions on this issue may have reached its crescendo years ago. That is until now. On September 27, 2019, Gavin Newsom, the Governor of California, signed into law Senate Bill 206. Senate …
A New Labor For Deep Democracy: From Social Democracy To Democratic Socialism, Mark Barenberg
A New Labor For Deep Democracy: From Social Democracy To Democratic Socialism, Mark Barenberg
Faculty Scholarship
Conventional workplace law includes the law of collective bargaining and employment contracts. This chapter argues that, to fully understand how law constructs worker power, industrial democracy, and political democracy, workplace law should greatly broaden in scope. The “new labor law” should encompass components of many fields of law that influence worker power and democracy as much as many components of conventional labor law. These additional components are lodged in domestic and international finance law, social wage law, constitutional law, communication law, tax law, and many more fields. The chapter applies the new labor law to critique and offer proposals to …
Ending At-Will Employment: A Guide For Just Cause Reform, Kate Andrias, Alexander Hertel-Fernandez
Ending At-Will Employment: A Guide For Just Cause Reform, Kate Andrias, Alexander Hertel-Fernandez
Faculty Scholarship
In the United States, the vast majority of private-sector employers have free rein to discipline or fire workers for good reasons (for harassing other workers), bad reasons (a personal dislike of the worker or a worker’s off-duty activities), or even no reason at all so long as the employers’ justification is not otherwise barred by law. And even if a worker suspects they have been fired for an illegal reason – for instance, because of their race, ethnicity, or gender – the burden is on the worker, not the employer, to collect the necessary evidence, prove discriminatory intent, and mount …