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Articles 121 - 138 of 138
Full-Text Articles in Law
Questioning The Questionnaires: Bar Admissions And Candidates With Disabilities, Stanley S. Herr
Questioning The Questionnaires: Bar Admissions And Candidates With Disabilities, Stanley S. Herr
Villanova Law Review
No abstract provided.
E-Mail In The Workplace And The Right Of Privacy, Kevin J. Baum
E-Mail In The Workplace And The Right Of Privacy, Kevin J. Baum
Villanova Law Review
No abstract provided.
The First American Case Under The North American Agreement For Labor Cooperation, Sarah Lowe
The First American Case Under The North American Agreement For Labor Cooperation, Sarah Lowe
University of Miami Law Review
No abstract provided.
The Scope Of Employer Liability For Employee Exposure To A Hazardous Substance: No Harm, No Foul? An Analysis Of Metro-North Commuter R.R. Co. V. Buckley, Barbara J. Fick
The Scope Of Employer Liability For Employee Exposure To A Hazardous Substance: No Harm, No Foul? An Analysis Of Metro-North Commuter R.R. Co. V. Buckley, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Metro-North Commuter R.R. Co. v. Buckley, 521 U.S. 424 (1997). The author expected the Court to decide whether a railroad worker who is covered by the Federal Employer's Liability Act who has been exposed to asbestos because of employer negligence but who has not developed an asbestos-related disease can recover damages for emotional distress caused by the exposure.
Spiritual And Menial Housework, Dorothy E. Roberts
Spiritual And Menial Housework, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt
Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi
The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi
Articles by Maurer Faculty
No abstract provided.
The Law Of Arbitration, Theodore J. St. Antoine
The Law Of Arbitration, Theodore J. St. Antoine
Book Chapters
The law did not look kindly on arbitration in its infancy. As a process by which two or more parties could agree to have an impartial outsider resolve a dispute between them, arbitration was seen as a usurpation of the judiciary' sown functions, as an attempt to "oust the courts of jurisdiction." That was the English view, and American courts were similarly hostile. They would not order specific performance of an executory (unperformed) agreement to arbitrate, nor grant more than nominal damages for the usual breach. Only an arbitral award actually issued was enforceable at common law. All this began …
Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory
Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory
Fordham Urban Law Journal
This Article examines the deep human rights concerns within the transmogrifying world of work, focusing on the integral part that work plays in the definition, construction, maintenance, and enhancement of the social contract in the context of the New York City welfare workforce. Part I reviews the "employee"/partner/independent contractor distinctions, focusing on recent case law, the regulatory tax regime, and related issues. Part II examines the complex pressures that workfare legislation will exert throughout most sectors of the workforce and the unemployed. Part III explores the role of Catholic social teachings on workers' rights as well as the reemergence of …
Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck
Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck
Michigan Journal of International Law
Review of Fair Trade and Harmonization: Prerequisites for Free Trade? by Jagdish N. Bhagwati & Robert E. Hudec
The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley
Scholarly Works
In Foster v. Dalton, the United States Supreme Court approved of the promotion of a less-qualified white male over a better-qualified black female under very suspicious circumstances; in Taxman v. Board of Education, the court invalidated the retention of an equally qualified black female over her white counterpart. The law justifies the disparate results in Foster and Taxman by invoking the principle of race and gender “neutrality” in the decision making process. Under this principle, the law generally prohibits employment determinations based consciously on a person's race or gender. An exception to the “neutrality principle” of Title VII is the …
The Costs Of Agencies: Waters V. Churchill And The First Amendment In The Administrative State, Kermit Roosevelt Iii
The Costs Of Agencies: Waters V. Churchill And The First Amendment In The Administrative State, Kermit Roosevelt Iii
All Faculty Scholarship
106 Yale L. J. 1233 (1997)
Labor Law - Antol V. Esposto: The Third Circuit Expands Preemption Under The Labor Management Relations Act, Joshua H. Grabar
Labor Law - Antol V. Esposto: The Third Circuit Expands Preemption Under The Labor Management Relations Act, Joshua H. Grabar
Villanova Law Review
No abstract provided.
Employees, Pensions, And The New Economic Order, Jeffrey N. Gordon
Employees, Pensions, And The New Economic Order, Jeffrey N. Gordon
Faculty Scholarship
The "New Economic Order" in the United States is a regime of trade liberalization, a robust market in corporate control, and labor market flexibility. Among the consequences over the 1980-1995 period is a divergence between the growth rate of corporate profits and stocks prices, which have increased by approximately 250% in real terms, and wages, which have barely increased at all, except for the top quintile. Contrary to popular belief employees have not significantly participated through their pension funds in this stock market appreciation. In the historically dominant defined benefit pension plan, the sponsoringfirm, not the employee, is the residual …
Introduction, Susan P. Sturm
Introduction, Susan P. Sturm
Faculty Scholarship
The theme of the first Symposium issue, Rethinking Law in the Twenty-First Century Workplace, addresses a fundamental challenge facing the field of labor and employment law. Existing regulatory regimes in this area are ill-equipped to address the demands of the increasingly dynamic, unstable, and technologically-driven workplace. This Symposium brought together a diverse and creative group of scholars, public policy thinkers, and activists to discuss new frameworks for participation, inclusion, evaluation, and legal regulation in the workplace. These participants represented a variety of disciplines, including law, psychology, organizational theory, sociology, and public policy. Each of the participants brought to the table …
Review Of Labour Law And Industrial Relations In Germany, By Manfred Weiss, Thomas Kohler
Review Of Labour Law And Industrial Relations In Germany, By Manfred Weiss, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Context Of Employment Discrimination In Japan, Allen Madison
The Context Of Employment Discrimination In Japan, Allen Madison
Allen Madison
This article compares employment practices and laws regarding discrimination in Japan to those in the United States. Then it compares the cultural contexts in which discrimination and related regulation exist in each country. The article concludes that the Japanese laws are effective in the context of Japanese culture and that they are more likely to change Japanese attitudes about age, race, and gender in making hiring and promotion decisions than laws in the United States.
United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii.Pdf, Candace Kovacic-Fleischer