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Full-Text Articles in Law
Carrying Little Sticks: Is There A ‘Deterrence Gap’ In Employment Standards Enforcement In Ontario, Canada?, Eric Tucker, Leah F. Vosko, Rebecca Casey, Mark P. Thomas, John Grundy, Andrea M. Noack
Carrying Little Sticks: Is There A ‘Deterrence Gap’ In Employment Standards Enforcement In Ontario, Canada?, Eric Tucker, Leah F. Vosko, Rebecca Casey, Mark P. Thomas, John Grundy, Andrea M. Noack
Articles & Book Chapters
This article assesses whether a deterrence gap exists in the enforcement of the Ontario Employment Standards Act (ESA), which sets minimum conditions of employment in areas such as minimum wage, overtime pay and leaves. Drawing on a unique administrative data set, the article measures the use of deterrence in Ontario’s ESA enforcement regime against the role of deterrence within two influential models of enforcement: responsive regulation and strategic enforcement. The article finds that the use of deterrence is below its prescribed role in either model of enforcement. We conclude that there is a deterrence gap in Ontario.
Cronyism, Corruption, And Political Intrigue: A New Approach For Old Problems In Public Sector Employment Law, Jonathan Fineman
Cronyism, Corruption, And Political Intrigue: A New Approach For Old Problems In Public Sector Employment Law, Jonathan Fineman
Journal Publications
This article argues that the best interest of the public is served when at least some public employees receive some degree of job protection. However, there is also value in the argument that we no longer can justify the retention of a uniform system of traditional civil service protections for all public employees. Therefore, this article takes the position that this debate should not be framed as an "either/or" proposition between a rigid system of job protections for all (or most) employees on one hand and unfettered managerial discretion on the other. Instead, job protections should be context-based, varied depending …
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
All Faculty Scholarship
Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.