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Articles 1 - 6 of 6

Full-Text Articles in Law

Working At The Boundaries Of Markets: Prison Labor And The Economic Dimension Of Employment Relationships, Noah D. Zatz Apr 2008

Working At The Boundaries Of Markets: Prison Labor And The Economic Dimension Of Employment Relationships, Noah D. Zatz

Vanderbilt Law Review

The "who" question is prominent in recent legal scholarship about work: Who is recognized as a worker, and who is left out? Roughly speaking, two distinct conversations pursue this question. One analyzes the centrality of market work and questions whether other activities-nonmarket work-should be incorporated into legal regimes of worker support and protection. This inquiry emerges from feminist scholarship, focuses on families and caregiving, and primarily considers reforms in who counts as a worker for the purposes of family, welfare, social insurance, and tax law. The boundaries of employment largely are taken for granted, and the problem is whether to ...


Consenting Adults? Why Women Who Submit To Supervisory Sexual Harassment Are Faring Better In Court Than Those Who Say No…And Why They Shouldn’T, Kerri Lynn Stone Jan 2008

Consenting Adults? Why Women Who Submit To Supervisory Sexual Harassment Are Faring Better In Court Than Those Who Say No…And Why They Shouldn’T, Kerri Lynn Stone

Faculty Publications

Today, as a sexual harassment plaintiff who failed to report harassment before bringing suit, you likely will fare better under the law if you submitted to your harasser and engaged in relations with him, than you would if you had passively resisted until you were driven out of your employment. This Article examines the law’s illogical preference for plaintiffs who acquiesced to the propositions of their supervisors over those who resisted harassment but nonetheless failed to report it. It explores the roots of such a preference in society, as well as its consequences. Ultimately, this Article asks critical questions ...


Complying With Export Laws Without Importing Discrimination Liability: At Attempt To Integrate Employment Discrimination Laws And The Deemed Export Rules, Sandra F. Sperino Jan 2008

Complying With Export Laws Without Importing Discrimination Liability: At Attempt To Integrate Employment Discrimination Laws And The Deemed Export Rules, Sandra F. Sperino

Faculty Articles and Other Publications

The federal deemed export rules prohibit certain individuals from receiving any information about certain technologies without the required license, even if those individuals are otherwise authorized to work within the United States. In other words, employers who deal with technology or software subject to export control may be considered to be illegally exporting such technology or software, simply by allowing certain foreign nationals to work with or gain information about the restricted items.

This article will attempt two moderately simple tasks and one more difficult. The first task is to identify the tensions that exist between the deemed export rules ...


Retaliatory Litigation Tactics: The Chilling Effects Of "After-Acquired Evidence", Melissa Hart Jan 2008

Retaliatory Litigation Tactics: The Chilling Effects Of "After-Acquired Evidence", Melissa Hart

Articles

Even a victim of the most egregious discrimination may recover little monetary relief if the defendant discovers, after firing the employee, that she committed some firable offense. Yet the case in which the Supreme Court so held, McKennon v. Nashville Banner Publishing Co., was widely viewed as a victory rather than a defeat for plaintiffs. This surprising perception flowed from the Court's holding that such "after-acquired evidence" of misconduct merely limited remedies but did not completely eliminate plaintiffs' rights to sue for discrimination. Given that McKennon could be portrayed either as a victory for plaintiffs or an unjust denial ...


Card Check Recognition: New House Rules For Union Organizing?, Rafael Gely, Timothy D. Chandler Jan 2008

Card Check Recognition: New House Rules For Union Organizing?, Rafael Gely, Timothy D. Chandler

Faculty Publications

A significant policy debate has been occurring regarding union organizing methods in the United States. This debate focuses on the appropriateness of granting union recognition based on majority support as demonstrated by union authorization card signatures, also known as “card checking.” Critics describe the practice as anathema to basic democratic principles and accuse unions of wanting to deal from the bottom of the deck to secure undeserved representation of employees. Proponents of card check recognition argue that reliance on National Labor Relations Board (“NLRB”) organizing procedures fails to protect employees' rights to organize, and forces unions to compete against a ...


Maternity Leave Laws In The United States In The Light Of European Legislation, Candace Saari Kovacic-Fleischer Jan 2008

Maternity Leave Laws In The United States In The Light Of European Legislation, Candace Saari Kovacic-Fleischer

Contributions to Books

This chapter describes the difficulty that the US has had in passing social legislation by viewing it through the changing attitudes of US Supreme Court justices toward employment legislation during five defining eras in the twentieth century: laissez-faire economics and wage and hour legislation, 1905-1941; President Franklin D. Roosevelt’s New Deal Social Security Act, 1935-1937; World War II, 1940-1948; the Civil Rights and Women’s movements, 1963-1978; and the Family and Medical Leave Act of 1993. The US has expanded its view of government’s role in the private workplace over time, though not nearly as quickly as has ...