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- Maurice A. Deane School of Law at Hofstra University (16)
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- University of Michigan Law School (5)
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- Keyword
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- Labor arbitration (7)
- Sexual harassment (7)
- Sports (7)
- Civil Rights Act of 1964 (42 U.S.C. 2000e) (5)
- Employer Liability (4)
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- Employment Discrimination (4)
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- Publication
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- Hofstra Labor & Employment Law Journal (16)
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- Villanova Law Review (6)
- American University Journal of Gender, Social Policy & the Law (5)
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- Cleveland State Law Review (3)
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- RISK: Health, Safety & Environment (1990-2002) (1)
- San Diego Law Review (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
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Articles 31 - 60 of 84
Full-Text Articles in Law
Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak
Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak
Federal Communications Law Journal
While the computer and Internet have served as the foundation for a more efficient and effective workplace, they have also wreaked havoc on employers. Employees are increasingly using work-related time to enter the Information Superhighway to commit criminal acts upon third parties outside the employer’s business. Can an employer be held liable for such acts when they are committed using the employer’s computer and Internet system? While the doctrine of respondeat superior may shield employers from liability, the theory of negligent retention or supervision may allow injured parties a second bite at the employer liability apple. Because legislatures and courts …
Arbitration And The Goals Of Employment Discrimination Law, Geraldine Szott Moohr
Arbitration And The Goals Of Employment Discrimination Law, Geraldine Szott Moohr
Washington and Lee Law Review
No abstract provided.
The Importance Of Updating Sexual Harassment Policies To Thwart Same-Sex Sexual Harassment Claims, Kenneth Band
The Importance Of Updating Sexual Harassment Policies To Thwart Same-Sex Sexual Harassment Claims, Kenneth Band
Hofstra Labor & Employment Law Journal
No abstract provided.
Mixing Law And Art: The Role Of Anti-Discrimination Law And Color-Blind Casting In Broadway Theater, Bonnie Chen
Mixing Law And Art: The Role Of Anti-Discrimination Law And Color-Blind Casting In Broadway Theater, Bonnie Chen
Hofstra Labor & Employment Law Journal
No abstract provided.
Labor Law And The Sports Industry, Robert D. Manfred Jr.
Labor Law And The Sports Industry, Robert D. Manfred Jr.
Hofstra Labor & Employment Law Journal
No abstract provided.
Discipline In Sports, George Nicolau
Discipline In Sports, George Nicolau
Hofstra Labor & Employment Law Journal
No abstract provided.
Civil Rights Law And Breaking Down Patterns Of Segregation: The Case Of Nepotism, Seth Kupferberg
Civil Rights Law And Breaking Down Patterns Of Segregation: The Case Of Nepotism, Seth Kupferberg
Hofstra Labor & Employment Law Journal
No abstract provided.
The Ramification Of National Basketball Association Labor Relations, David L. Gregory, Robert J. Nobile
The Ramification Of National Basketball Association Labor Relations, David L. Gregory, Robert J. Nobile
Hofstra Labor & Employment Law Journal
No abstract provided.
Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur
Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur
Hofstra Labor & Employment Law Journal
No abstract provided.
The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien
The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien
Hofstra Labor & Employment Law Journal
Federal courts have grappled with the issue of whether claims under the Americans with Disabilities Act should be barred, or judicially estopped, by the plaintiff's earlier application for or receipt of disability benefits. This is a particularly vexing problem since recipients of disability benefits are presumed to be disabled even though they are not disabled for a particular job. These individuals, who are social security recipients and still, are qualified for a job yet they suffer adverse employment decisions in violation of the Americans with Disabilities Act. This article clarifies the law based on the Supreme Court decision, Cleveland v. …
Foreward: Discipline In Professional Sports, Alfred G. Feliu
Foreward: Discipline In Professional Sports, Alfred G. Feliu
Hofstra Labor & Employment Law Journal
No abstract provided.
Harassment And Constitutional Tort: The Other Jurisprudence, Mark M. Hager
Harassment And Constitutional Tort: The Other Jurisprudence, Mark M. Hager
Hofstra Labor & Employment Law Journal
No abstract provided.
What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner
What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner
Michigan Journal of Gender & Law
This article is aimed at the general question: whether having a woman judge would make a difference in sexual harassment cases. This article is aimed at this general question, the response to which has been elusive: Does the race, gender, or other background characteristics of a judge make a difference in the outcome of cases? The effects of diversity on the bench are just becoming measurable. Many legal scholars have assumed diversity will make a difference. While this conclusion may seem commonsensical, it is important to be able to support such assertions with actual data. The supposition has been that …
The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould
The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould
Michigan Journal of Gender & Law
On March 30, 1995, newspaper headlines declared that hate speech regulations were dead. After six years of litigating over university hate speech codes, Stanford University's rule, one of the most modest and cautiously drafted, had been declared unconstitutional by a California Superior Court. Hate speech regulation is far from over. To the contrary, hate speech rules not only continue to exist, but the courts regularly enforce their provisions. The difference is that these cases are largely restricted to a single category-sexual harassment. Under Title VII of the Civil Rights Act of 1964, and with the regulatory support of the Equal …
The Perception And Reality Of Discipline In Sports, Gene Orza
The Perception And Reality Of Discipline In Sports, Gene Orza
Hofstra Labor & Employment Law Journal
No abstract provided.
Contracting Mediation: The Impact Of Different Statutory Regimes, Ellen J. Dannin
Contracting Mediation: The Impact Of Different Statutory Regimes, Ellen J. Dannin
Hofstra Labor & Employment Law Journal
The United States is commited to increasing institutionalized use of alternative dispute resolution (ADR), most often based on the claim that it is superior to and different from traditional litigation. Mediation in particular is supposed in the popular view to be user-friendly, nonadversarial, and conducive to optimal, wholistic resolutions. Litigation, in contrast, is supposed to be slow, costly to all, impersonal, formal, legalistic, and incapable of giving complete or satisfactory resolutions. This implicitly assumes that ADR and litigation are discrete processes, each with uniform and intrinsic natures. This, in turn suggests an assumption that they retain these qualities under all …
Evolution In The Civil Rights Revolution: The Survival Of Employment Discrimination Claims For Pain And Suffering, Michael D. Moberly
Evolution In The Civil Rights Revolution: The Survival Of Employment Discrimination Claims For Pain And Suffering, Michael D. Moberly
Hofstra Labor & Employment Law Journal
No abstract provided.
The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado
The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Balancing Efficiency And Justice: In Support Of The Equal Employment Opportunity Commission's Policy Statement Regarding Mandatory Arbitration And Employment Contracts , Gina K. Janeiro
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman
Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Naked Feminism: The Unionization Of The Adult Entertainment Industry, Holly J. Wilmet
Naked Feminism: The Unionization Of The Adult Entertainment Industry, Holly J. Wilmet
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Genetic Monitoring In The Workplace: A Tool Not A Solution, Lillian Trettin, Catherine Musham, Richard Jablonski
Genetic Monitoring In The Workplace: A Tool Not A Solution, Lillian Trettin, Catherine Musham, Richard Jablonski
RISK: Health, Safety & Environment (1990-2002)
The authors differentiate between genetic monitoring and screening, and discuss the potential risks and benefits of predictive testing technologies.
Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax
Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax
Villanova Law Review
No abstract provided.
Litigating Against Employment Penalties For Pregnancy, Breastfeeding And Childcare, Candace Saari Kovacic-Fleischer
Litigating Against Employment Penalties For Pregnancy, Breastfeeding And Childcare, Candace Saari Kovacic-Fleischer
Villanova Law Review
No abstract provided.
The Burdens Of Benefits, Edward J. Mccaffery
The Burdens Of Benefits, Edward J. Mccaffery
Villanova Law Review
No abstract provided.
Free Competition Or Corporate Theft?: The Need For Courts To Consider The Employment Relationship In Preliminary Steps Disputes, Scott W. Fielding
Free Competition Or Corporate Theft?: The Need For Courts To Consider The Employment Relationship In Preliminary Steps Disputes, Scott W. Fielding
Vanderbilt Law Review
The scenario occurs daily in many different businesses. A disgruntled employee decides to use her talents, skills, and knowledge of the industry to start a rival enterprise. She plans to do things differently-offer lower prices, a different sales approach, a more service-oriented style. To minimize the risk involved, the employee decides to investigate potential markets, possible locations for the business, and financing. She would also like to discuss first-hand with current clients or fellow employees the possibility that they would follow her into the new business. Concerned with breaching fiduciary obligations, the employee contacts her attorney and asks for advice-specifically, …
Employer Liability For Harassment Under Title Vii: A Functional Rationale For Faragher And Ellerth, Michael C. Harper
Employer Liability For Harassment Under Title Vii: A Functional Rationale For Faragher And Ellerth, Michael C. Harper
San Diego Law Review
In two decisions concerning sexual harassment, Faragher v. City of Boca Raton' and Burlington Industries, Inc. v. Ellerth, The Supreme Court, on the last day of its 1997-1998 term finally articulated coherent vicarious liability rules critical for bounding the scope of the discrimination prohibitions in Title VII of the Civil Rights Act of 1964. The Court did so by explaining the meaning of the inclusion of "any agent" in Title VII's definition of "employer.'" The meaning of "agent" in this definition is critical for establishing employer liability because almost all Title VII-protected employees work for corporations and other legal fictions …
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
University of Richmond Law Review
The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"),2 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."
Annual Survey Of Virginia Law: Employment Law, Thomas M. Winn Iii
Annual Survey Of Virginia Law: Employment Law, Thomas M. Winn Iii
University of Richmond Law Review
"It was the best of times, it was the worst of times." For both Virginia employers and employees alike, this sentiment rang true over the past year in the employment law arena, with both camps winning and losing battles as they litigated various employment law matters. This article discusses three principal areas where there was substantial activity in Virginia's courts: public policy wrongful discharge claims; negligent hiring, retention, and supervision claims; and the enforcement of noncompetition agreements. Beyond the scope of this article are decisions rendered in other areas of law affecting the employment relationship, including the areas of workers' …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.