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Articles 31 - 60 of 239
Full-Text Articles in Law
Integrating Technology To Improve Mine Safety In The Wake Of Recent Mine Disasters, Jeffery L. Kohler
Integrating Technology To Improve Mine Safety In The Wake Of Recent Mine Disasters, Jeffery L. Kohler
West Virginia Law Review
No abstract provided.
Workers At Risk: The Unfulfilled Promise Of The Occupational Safety And Health Act, Lynn Rhinehart
Workers At Risk: The Unfulfilled Promise Of The Occupational Safety And Health Act, Lynn Rhinehart
West Virginia Law Review
No abstract provided.
Attract, Retain And Protect: Tips For Managing Employees And Protecting Your Business In A Time Of Economic Downturn, Shana Shrier-Joffe, Danielle Ireland-Piper
Attract, Retain And Protect: Tips For Managing Employees And Protecting Your Business In A Time Of Economic Downturn, Shana Shrier-Joffe, Danielle Ireland-Piper
Danielle Ireland-Piper
Extract:
In April 2008, Mark Davis, Political Correspondent for the Sydney Morning Herald, observed that “the job market has remained strong in recent months despite international economic uncertainty and rising interest rates”, but went on to note that we are likely to see “the unemployment rate rising from its current 4 per cent to 4.3 to 4.5 per cent by late 2009”. This, according to Davis, represents an extra 50,000 to 75,000 people joining the ranks of the unemployed.
Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold
Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold
Michael Evan Gold
No abstract provided.
A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold
A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold
Michael Evan Gold
No abstract provided.
Michelle Obama: The "Darker Side" Of Presidential Spousal Involvement And Activism, Gregory S. Parks, Quinetta M. Roberson, Phd
Michelle Obama: The "Darker Side" Of Presidential Spousal Involvement And Activism, Gregory S. Parks, Quinetta M. Roberson, Phd
Cornell Law Faculty Working Papers
Pundits and commentators have attempted to make sense of the role that race and gender have played in the 2008 presidential campaign. Whereas researchers are drawing on varying bodies of scholarship (legal, cognitive and social psychology, and political science) to illuminate the role that Senator Obama’s race and Senator Clinton’s gender has/had on their campaign, Michelle Obama has been left out of the discussion. As Senator Clinton once noted, elections are like hiring decisions. As such, new frontiers in employment discrimination law place Michelle Obama in context within the current presidential campaign. First, racism and sexism are both alive and …
Summary Judgment Rates Over Time, Across Case Categories, And Across Districts: An Empirical Study Of Three Large Federal Districts, Theodore Eisenberg, Charlotte Lanvers
Summary Judgment Rates Over Time, Across Case Categories, And Across Districts: An Empirical Study Of Three Large Federal Districts, Theodore Eisenberg, Charlotte Lanvers
Cornell Law Faculty Publications
Prior research on summary judgment hypothesizes a substantial increase in summary judgment rates after a trilogy of Supreme Court cases in 1986 and a disproportionate adverse effect of summary judgment on civil rights cases. This article analyzes summary judgment rates in the Eastern District of Pennsylvania (EDPA) and the Northern District of Georgia (NDGA), for two time periods, 1980-81 and 2001-02. It also analyzes summary judgment rates for the Central District of California (CDCA) for 1980-81 and for other civil rights cases in the CDCA in 1975-76. The combined sample consists of over 5,000 cases. The three-district sample for 1980-81 …
Will The Tax Man Cometh To Coach Rodriguez?, Douglas A. Kahn, Jeffrey H. Kahn
Will The Tax Man Cometh To Coach Rodriguez?, Douglas A. Kahn, Jeffrey H. Kahn
Articles
There has been much in the news recently about coaches of major college sports teams moving to a new school and incurring an obligation to make payment to their old school under a buyout provision in their contract. The most recent example is the highly publicized move of Richard Rodriguez from West Virginia University to the University of Michigan. Coach Rodriguez had a contract with his former employer that required him to pay $4 million dollars to West Virginia if he left for another coaching position. After a suit was filed, it was reported that the parties agreed that the …
Weighing Influence: Employment Discrimination And The Theory Of Subordinate Bias Liability, Keaton Wong
Weighing Influence: Employment Discrimination And The Theory Of Subordinate Bias Liability, Keaton Wong
American University Law Review
No abstract provided.
Reading Too Much Into What The Court Doesn't Write: How Some Federal Courts Have Limited Title Vii's Participation Clause's Protections After Clark County School District V. Breeden, Lawrence D. Rosenthal
Reading Too Much Into What The Court Doesn't Write: How Some Federal Courts Have Limited Title Vii's Participation Clause's Protections After Clark County School District V. Breeden, Lawrence D. Rosenthal
Washington Law Review
In 2001, the Supreme Court issued its opinion in Clark County School District v. Breeden, in which it refused to determine what a plaintiff must prove to demonstrate that she engaged in “protected activity” under Title VII’s anti-retaliation provision’s opposition clause. Although the Court declined to answer this question, courts have interpreted Breeden as requiring an opposition-clause plaintiff to prove a good-faith, objectively reasonable belief of an unlawful employment practice. Although Breeden involved Title VII’s opposition clause, some courts are now applying Breeden to cases involving Title VII’s participation clause. This is baffling for two reasons. First, Breeden involved …
Lower-Wage Workers And Flexible Work Arrangements, Anna Danziger, Shelley Waters Boots
Lower-Wage Workers And Flexible Work Arrangements, Anna Danziger, Shelley Waters Boots
Memos and Fact Sheets
Workers at all levels within an organization have the need to manage their work and personal/family responsibilities. Much of the past research on workplace flexibility has focused on managerial or professional positions, and thus, higher-wage jobs and workers with higher incomes. But more recently, researchers have begun to investigate the particular challenges of workplace flexibility for workers who do not fit this mold -- specifically, workers who are hourly, receive a lowerwage, or who live in lower-income families. Regardless of how they are defined, workers at the lower end of the wage and income spectrum have some unique workplace flexibility …
From Court-Surrogate To Regulatory Tool: Re-Framing The Empirical Study Of Employment Arbitration, W. Mark C. Weidemaier
From Court-Surrogate To Regulatory Tool: Re-Framing The Empirical Study Of Employment Arbitration, W. Mark C. Weidemaier
University of Michigan Journal of Law Reform
A growing body of empirical research explores the use of arbitration to resolve employment disputes, typically by comparing arbitration to litigation using relatively traditional outcome measures: who wins, how much, and how quickly. On the whole, this research suggests that employees fare reasonably well in arbitration. Yet there remain sizeable gaps in our knowledge. This Article explores these gaps with two goals in mind. The first and narrower goal is to explain why it remains exceedingly difficult to assess the relative fairness of arbitration and litigation. The outcome research does not account for a variety of 'filtering" mechanisms that influence …
Arbitration Costs And Forum Accessibility: Empirical Evidence, Christopher R. Drahozal
Arbitration Costs And Forum Accessibility: Empirical Evidence, Christopher R. Drahozal
University of Michigan Journal of Law Reform
In this Article, written for this symposium issue on "Empirical Studies of Mandatory Arbitration," I examine the available empirical evidence on these two questions. I take "mandatory arbitration" to refer to pre-dispute arbitration clauses in consumer and employment (and maybe franchise) contracts. Accordingly, I limit my consideration of the empirical evidence to those types of contracts. I do not discuss empirical studies of international arbitrations, which almost always arise out of agreements between commercial entities. Nor do I discuss empirical studies of court-annexed arbitrations, which may not derive from party agreement and do not ordinarily proceed to a binding award.
Short Term Time Off: What We Know, Anna Danziger, Shelley Waters Boots
Short Term Time Off: What We Know, Anna Danziger, Shelley Waters Boots
Memos and Fact Sheets
Short Term Time Off (STO) refers to job-protected time away from the workplace to address anticipated or unexpected needs of limited duration. STO may be scheduled or unscheduled, depending on the underlying need. STO enables workers to address both the routine and emergency situations that occur in everyday life.
The need for STO may arise, for example, because a worker or worker’s child is sick or has a routine doctor’s appointment, because a worker has to wait for the plumber or apply for public benefits or go to court, or because a worker needs to attend a school conference or …
The Limits Of Offshoring-Why The United States Should Keep Enforcement Of Human Rights Standards "In-House", John Mckenzie
The Limits Of Offshoring-Why The United States Should Keep Enforcement Of Human Rights Standards "In-House", John Mckenzie
Indiana Law Journal
No abstract provided.
Vol. 25, No. 3, Susan J. Willenborg
Vol. 25, No. 3, Susan J. Willenborg
The Illinois Public Employee Relations Report
Contents:
Labor Relations Issues in the Public Sector Electronic Workplace, by Susan J. Willenborg
Recent Developments
Further References, compiled by Yoo-Seong Song
Victorian Tort Liability For Workplace Injuries, Michael Ashley Stein
Victorian Tort Liability For Workplace Injuries, Michael Ashley Stein
Faculty Publications
The first decision of an injured worker suing his master for a workplace accident was reported in 1837, the year of Queen Victoria's ascension. The second Workman's Compensation Act, a comprehensive social insurance scheme, was passed in 1900, a few months before her death. The Article provides an initial account of the development of employers' liability to their servants for work-related injuries during the Victorian era. It demonstrates that English judges, and especially the Barons of the Exchequer, interpreted the law to resist employers' liability. The means these judges used included creating the defence of common employment, widely applying the …
Labor And Employment, W. Christopher Arbery, Valerie N. Njiri, Valerie H. Barney
Labor And Employment, W. Christopher Arbery, Valerie N. Njiri, Valerie H. Barney
Mercer Law Review
The trial and appellate courts within the Eleventh Circuit handed down a number of important opinions affecting labor and employment law during the survey period from January 1, 2007 to December 31, 2007. These included significant decisions defining key terms under the Sarbanes-Oxley Act ("SOX") and there were notable decisions involving the Fair Labor Standards Act ("FLSA") and the Family and Medical Leave Act ("FMLA").
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Mercer Law Review
During the 2007 survey period, the United States Court of Appeals for the Eleventh Circuit continued its recent trend of issuing many opinions-most unpublished-regarding employment discrimination. The court rendered eight published decisions concerning Title VII of the Civil Rights Act of 1964 ("Title VLI") and fifteen published opinions generally concerning employment discrimination. Unpublished opinions in this area continued to flourish, however, with at least forty-nine unpublished decisions regarding Title VII and fifty-seven unpublished employment discrimination opinions overall. Clearly, the case that received the most press coverage during the survey period was the United States Supreme Court's decision in Ledbetter v. …
Data Note: Employment Rates In The General Population And Vr Rehabilitation Rates, Alberto Migliore
Data Note: Employment Rates In The General Population And Vr Rehabilitation Rates, Alberto Migliore
Data Note Series, Institute for Community Inclusion
The Vocational Rehabilitation (VR) program plays a critical role in assisting people with disabilities gaining integrated employment. In 2006, for instance, 48,876 people with intellectual or developmental disabilities (ID/DD) exited the VR program after receiving services, with 56% of those who received services finding jobs in integrated employment. This percentage, known as the VR Rehabilitation Rate, varied from 42% in Hawaii to 77% in Maryland, if excluding the figure in Oklahoma where the VR rehabilitation rate was 22%.
Brief Amicus Curiae Of The National Academy Of Arbitrators In Support Of Respondents, 14 Penn Plaza V. Pyett, No. 07-581 (U.S. June 27, 2008), James Oldham
U.S. Supreme Court Briefs
No abstract provided.
Dear Colleague Letter From Reps. Emanuel Cleaver And Mark Souder, Emanuel Cleaver, Mark Souder
Dear Colleague Letter From Reps. Emanuel Cleaver And Mark Souder, Emanuel Cleaver, Mark Souder
Briefings, Hearings, and Congressional Study Group
Dear Colleague letter written by members of Congress, Emanuel Cleaver and Mark Souder for the event: Workplace Flexibility and Religion held June 6, 2008.
The Application Of Rfra To Override Employment Nondiscrimination Clauses Embedded In Federal Social Services Programs, Carl H. Esbeck
The Application Of Rfra To Override Employment Nondiscrimination Clauses Embedded In Federal Social Services Programs, Carl H. Esbeck
Faculty Publications
General federal employment nondiscrimination legislation permits religious organizations to take religion into account when making employment decisions. However, some federal social service programs have embedded in their authorizing legislation a nondiscrimination clause binding on recipients of program grants. And a few of these embedded clauses require that grantees (including religious grantees) not discriminate in employment on the basis of religion. This extended essay demonstrates how the Religious Freedom Restoration Act of 1993 overrides these employment nondiscrimination clauses when applied to faith-based social service grantees. Not only is this the conclusion of the U.S. Department of Justice in its policy announced …
Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Tercer Congreso Nacional de Organismos Públicos Autónomos
"Autonomía, Reforma Legislativa y Gasto Público"
The Evolution Of “Fred”: Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein
The Evolution Of “Fred”: Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein
UF Law Faculty Publications
This Article integrates a discussion of current family responsibilities discrimination ("FRD") case law with a discussion of the single most important recent development in the field: the U.S. Equal Employment Opportunity Commission’s ("EEOC") 2007 issuance of Enforcement Guidance on caregiver discrimination. The Guidance concretely informs the public about what constitutes unlawful discrimination against caregivers under Title VII and the Americans with Disabilities Act. Specifically, the Guidance crystallizes two key holdings from case law in regard to Title VII disparate treatment claims brought by caregivers: (1) where plaintiffs have evidence of gender stereotyping, they can make out a prima facie case …
The Newest Way To Screen Job Applicants: A Social Networker's Nightmare, Carly Brandenburg
The Newest Way To Screen Job Applicants: A Social Networker's Nightmare, Carly Brandenburg
Federal Communications Law Journal
Social networking is an easy way to share information with friends, family, and the company that just offered you an interview. Employers are utilizing all of the tools available to them as they strive to hire the right people, and this means that social networkers may need to self censor in order to protect their information from falling into the wrong hands. This Note questions whether social networkers can legally expect or enjoy any right to privacy with respect to their online postings.
Data Note: Persons Served In Community Mental Health Programs And Employment, Frank A. Smith, Samita Bhattarai
Data Note: Persons Served In Community Mental Health Programs And Employment, Frank A. Smith, Samita Bhattarai
Data Note Series, Institute for Community Inclusion
State Mental Health Agencies provide a wide range of supports to consumers including rehabilitation services, vocational and pre vocational training, and supported and competitive employment supports. This Data Note explores how states vary in number of individuals served in Community Mental Health Programs, i.e., all services not provided in an inpatient setting, who are employed as well as the percentage of individuals served in Community Mental Health Programs who are employed.
Letter Of Invitation, Workplace Flexibility 2010, Georgetown University Law Center
Letter Of Invitation, Workplace Flexibility 2010, Georgetown University Law Center
Conferences, Panels, and Events
A letter of invitation to the 2008 conference for grantees of the Alfred P. Sloan Foundation's Workplace, Work Force, and Working Families Program hosted by Workplace Flexibility 2010.
Conference Agenda, Workplace Flexibility 2010, Georgetown University Law Center
Conference Agenda, Workplace Flexibility 2010, Georgetown University Law Center
Conferences, Panels, and Events
The agenda for the 2008 conference for grantees of the Alfred P. Sloan Foundation's Workplace, Work Force, and Working Families Program hosted by Workplace Flexibility 2010.
Participant List, Workplace Flexibility 2010, Georgetown University Law Center
Participant List, Workplace Flexibility 2010, Georgetown University Law Center
Conferences, Panels, and Events
A list of participants for the 2008 conference for grantees of the Alfred P. Sloan Foundation's Workplace, Work Force, and Working Families Program hosted by Workplace Flexibility 2010.