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Labor and Employment Law

Journal

1999

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Articles 61 - 84 of 84

Full-Text Articles in Law

Genetic Discrimination In The Workplace: An Overview Of Existing Protections, Melinda B. Kaufmann Jan 1999

Genetic Discrimination In The Workplace: An Overview Of Existing Protections, Melinda B. Kaufmann

Loyola University Chicago Law Journal

No abstract provided.


Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik Jan 1999

Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik

Loyola University Chicago Law Journal

No abstract provided.


Conflict And Ideology In The International Campaign Against Child Labour, David M. Smolin Jan 1999

Conflict And Ideology In The International Campaign Against Child Labour, David M. Smolin

Hofstra Labor & Employment Law Journal

No abstract provided.


Some Keys To The Nba Lockout, Grant M. Hayden Jan 1999

Some Keys To The Nba Lockout, Grant M. Hayden

Hofstra Labor & Employment Law Journal

The 1998-99 NBA lockout, like the 1994 Major League Baseball strike, may have serious consequences for the future of the game. Already, the abbreviated training camps and compressed schedules have produced a spate of injuries and scores of ugly, low-scoring games. And the effects of the dispute on the game over the long run may be more difficult, if not impossible, to predict. But those questions are best left to those who track television ratings and ticket office receipts. The more immediate question-the one put to me by the editors of this journal-is what the lockout contributed to labor law …


The Role Of Unions And Arbitration In Professional Baseball, Ralph Kiner Jan 1999

The Role Of Unions And Arbitration In Professional Baseball, Ralph Kiner

Hofstra Labor & Employment Law Journal

No abstract provided.


Employment Law: Burlington Industries, Inc. V. Ellerth And Faragher V. City Of Boca Raton: A Clear Rule Of Deterrence Or An Invitation To Litigate? The Supreme Court Rules On Employer Liability For Supervisory Sexual Harassment, Bryan J. Pattison Jan 1999

Employment Law: Burlington Industries, Inc. V. Ellerth And Faragher V. City Of Boca Raton: A Clear Rule Of Deterrence Or An Invitation To Litigate? The Supreme Court Rules On Employer Liability For Supervisory Sexual Harassment, Bryan J. Pattison

Oklahoma Law Review

No abstract provided.


A Proposed Code Of Ethics For Employers And Customers Of Notaries: A Companion To The Notary Public Code Of Professional Responsibility, 32 J. Marshall L. Rev. 887 (1999), John C. Anderson, Michael L. Colsen Jan 1999

A Proposed Code Of Ethics For Employers And Customers Of Notaries: A Companion To The Notary Public Code Of Professional Responsibility, 32 J. Marshall L. Rev. 887 (1999), John C. Anderson, Michael L. Colsen

UIC Law Review

No abstract provided.


Nomadic Notaries, 32 J. Marshall L. Rev. 985 (1999), Malcolm L. Morris Jan 1999

Nomadic Notaries, 32 J. Marshall L. Rev. 985 (1999), Malcolm L. Morris

UIC Law Review

No abstract provided.


Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose Jan 1999

Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose

UIC Law Review

No abstract provided.


The Limited Vision Of The Family And Medical Leave Act, Michael Selmi Jan 1999

The Limited Vision Of The Family And Medical Leave Act, Michael Selmi

Villanova Law Review

No abstract provided.


Labor Law - The Substance Of Procedure: Defining Judicial Authority And The Role Of The Arbitrator In Independent Association Of Continental Pilots V. Continental Airlines, Wendy A. Tyson Jan 1999

Labor Law - The Substance Of Procedure: Defining Judicial Authority And The Role Of The Arbitrator In Independent Association Of Continental Pilots V. Continental Airlines, Wendy A. Tyson

Villanova Law Review

No abstract provided.


Employment Law: Burlington Industries, Inc. V. Ellerth And Faragher V. City Of Boca Raton: A Clear Rule Of Deterrence Or An Invitation To Litigate? The Supreme Court Rules On Employer Liability For Supervisory Sexual Harassment, Bryan J. Pattison Jan 1999

Employment Law: Burlington Industries, Inc. V. Ellerth And Faragher V. City Of Boca Raton: A Clear Rule Of Deterrence Or An Invitation To Litigate? The Supreme Court Rules On Employer Liability For Supervisory Sexual Harassment, Bryan J. Pattison

Oklahoma Law Review

No abstract provided.


Determining The Immunity Measuring Stick: The Impact Of The Health Care Quality Improvement Act And Antitrust Laws On Immunity Aspects Of Granting Privileges To Physician Assistants, Joseph Mark Saponaro Jan 1999

Determining The Immunity Measuring Stick: The Impact Of The Health Care Quality Improvement Act And Antitrust Laws On Immunity Aspects Of Granting Privileges To Physician Assistants, Joseph Mark Saponaro

Cleveland State Law Review

This note examines the antitrust developments that affect the health care industry; the Health Care Quality Improvement Act of 1986; the treatment of peer review process immunity for physicians as it now exists; how non-physician providers are dealt with in the peer review process; and where physician assistants fit into the whole scheme. Part I of this note lays a foundation of antitrust principles, briefly explaining the applicable portions of the Sherman Act. Part I continues by setting forth the approaches, rule of reason versus per se rule, that courts utilize when dealing with antitrust situations. After explaining these governing …


How The Supreme Court's Reiteration Of Sexual Harassment Standards Affirmed In Faragher And Ellerth Would Have Led To Jones' Survival In Jones V. Clinton, Moira Mcandrew Jan 1999

How The Supreme Court's Reiteration Of Sexual Harassment Standards Affirmed In Faragher And Ellerth Would Have Led To Jones' Survival In Jones V. Clinton, Moira Mcandrew

Cleveland State Law Review

This note demonstrates that a cognizable claim of sexual harassment may be predicated on a severe, yet isolated episode of sexual harassment. In this inquiry, we will look to other Supreme Court and Appellate Court decisions regarding sexual harassment law to support the conclusion that a single incident of sexual harassment can constitute an actionable hostile work environment claim. Part II traces the background of sexual harassment law, including what constitutes actionable discrimination and the applicable standards of a hostile work environment claim. Part III outlines the Supreme Court's analysis of actionable employment discrimination based on sexual harassment under Title …


Employment Discrimination Law—Title Vii And Same-Sex Sexual Harassment—Closing The Great Divide: What To Do In A Same-Sex Sexual Harassment Case. Oncale V. Sundowner Offshore Services, Inc., 118 S. Ct. 998 (1998)., Tracey Williams Overman Jan 1999

Employment Discrimination Law—Title Vii And Same-Sex Sexual Harassment—Closing The Great Divide: What To Do In A Same-Sex Sexual Harassment Case. Oncale V. Sundowner Offshore Services, Inc., 118 S. Ct. 998 (1998)., Tracey Williams Overman

University of Arkansas at Little Rock Law Review

No abstract provided.


Testing The Naalc's Dispute Resolution System: A Case Study , John P. Isa Jan 1999

Testing The Naalc's Dispute Resolution System: A Case Study , John P. Isa

American University Journal of Gender, Social Policy & the Law

No abstract provided.


From Madonna To Proletariat: Constructing A New Ideology Of Motherhood In Welfare Discourse, Tonya L. Brito Jan 1999

From Madonna To Proletariat: Constructing A New Ideology Of Motherhood In Welfare Discourse, Tonya L. Brito

Villanova Law Review

No abstract provided.


The Politics Of Religion: Reasonable Accomodations And The Establishment Clause An Analysis Of The Workplace Religious Freedom Act, Gregory J. Gawlik Jan 1999

The Politics Of Religion: Reasonable Accomodations And The Establishment Clause An Analysis Of The Workplace Religious Freedom Act, Gregory J. Gawlik

Cleveland State Law Review

The Workplace Religious Freedom Act is the focus of this note. The Workplace Religious Freedom Act represents another Congressional attempt to fortify the "reasonable accommodations" and "undue hardship" standards of Title VII with regard to religious discrimination in the workplace; the WRFA does go in the face of Supreme Court decisions which have narrowed the scope of those standards, eased burdens on employers, and valiantly guarded the citadel of the First Amendment's Establishment Clause. Specifically, this note will analyze the potential constitutional infirmity of the Workplace Religious Freedom Act in light of Establishment Clause jurisprudence and the Court's rather murky …


The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray Jan 1999

The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray

Fordham Urban Law Journal

The United States Supreme Court in Alexander v. Gardner-Denver Co. held that an employee could not be forced to arbitrate his discrimination claim against an employer pursuant to his union's collective bargaining agreement. Subsequent cases viewed Gardner-Denver as prohibiting mandatory arbitration in employment discrimination claims, until the Supreme Court upheld an agreement to submit all statutory discrimination claims to arbitration in Gilmer v. Interstate/Johnson Lane Corp. Gilmer seems to have limited the prohibition of mandatory arbitration in Gardner-Denver to collective bargaining agreements. Subsequently, many lower courts interpret Gilmer as an approval of arbitration clauses in employment agreements, and as such, …


Dorothy Day, Workers' Rights And Catholic Authenticity, David L. Gregory Jan 1999

Dorothy Day, Workers' Rights And Catholic Authenticity, David L. Gregory

Fordham Urban Law Journal

This Article focuses on Dorothy Day, the famous Catholic social activist, and the Catholic Worker, the newspaper she co-founded in 1933. Specifically, it focuses the 1949 strike by Catholic workers at Calvary Cemetery in Queens, New York City's largest Catholic cemetery. It further examines and the relationships between Day, who supported the strike, and then-Archbishop of New York Francis Spellman, who opposed it. The Article moves beyond this specific incident and examines the example Day and the Catholic Worker provided for people of all faiths, specifically Catholics and their relationship with their Bishop. Finally, the Article seeks to apply the …


Unraveling The Cloth That Binds Latina Garment Workers In Texas: A Critical Analysis Of The Texas Pay Day Act, Ina M. Minjarez Jan 1999

Unraveling The Cloth That Binds Latina Garment Workers In Texas: A Critical Analysis Of The Texas Pay Day Act, Ina M. Minjarez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Arthur J. Goldberg's Legacies To American Labor Relations, 32 J. Marshall L. Rev. 667 (1999), Gerald Berendt, Gil Cornfield, Peter Edelman Jan 1999

Arthur J. Goldberg's Legacies To American Labor Relations, 32 J. Marshall L. Rev. 667 (1999), Gerald Berendt, Gil Cornfield, Peter Edelman

UIC Law Review

No abstract provided.


Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns Jan 1999

Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns

Campbell Law Review

Part II of this Article outlines the development of the federal IRS worker classification status and attendant issues. Part III introduces some initiatives taken by the IRS in an effort to settle cases with taxpayers. Part IV discusses the federal criminal sanctions that can be imposed on an individual or entity which fails to collect or pay over to the United States Treasury these employment trust fund taxes. In Part V, the status of worker classification in North Carolina is considered relative to cases filed primarily with the Employment Security Commission. Finally, in Part VI, some observations are offered regarding …


Caste, Class, And Equal Citizenship, William E. Forbath Jan 1999

Caste, Class, And Equal Citizenship, William E. Forbath

Michigan Law Review

There is a familiar egalitarian constitutional tradition and another we have largely forgotten. The familiar one springs from Brown v. Board of Education; its roots lie in the Reconstruction era. Court-centered and countermajoritarian, it takes aim at caste and racial subordination. The forgotten one also originated with Reconstruction, but it was a majoritarian tradition, addressing its arguments to lawmakers and citizens, not to courts. Aimed against harsh class inequalities, it centered on decent work and livelihoods, social provision, and a measure of economic independence and democracy. Borrowing a phrase from its Progressive Era proponents, I will call it the social …