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Articles 121 - 150 of 345
Full-Text Articles in Law
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Seattle Journal for Social Justice
No abstract provided.
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
Seattle Journal for Social Justice
No abstract provided.
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee
Seattle Journal for Social Justice
No abstract provided.
Using The Nfl As A Model? Considering Zero Tolerance In The Workplace For Batterers, Deseriee A. Kennedy
Using The Nfl As A Model? Considering Zero Tolerance In The Workplace For Batterers, Deseriee A. Kennedy
Deseriee A. Kennedy
The impact of domestic violence can increasingly be felt in the workplace, and it can adversely affect the safety and productivity of employees. Legislators and employers have begun to recognize the effect of domestic violence on employment, and many have adopted policies to protect the interests of domestic violence survivors. This article suggests that wider adoption of domestic violence policies are needed and these policies should be broadened to directly address batterers in the workplace. The article argues that employer based sanctions would increase batterer accountability and workplace safety. It uses the newly revised NFL Personal Conduct Policy as a …
Can Nothing Be Said For State "Right-To-Work" Laws?, John E. Coogan, S.J.
Can Nothing Be Said For State "Right-To-Work" Laws?, John E. Coogan, S.J.
The Catholic Lawyer
No abstract provided.
Morality Of Right-To-Work Laws: Additional Comments, Bernard H. Fitzpatrick
Morality Of Right-To-Work Laws: Additional Comments, Bernard H. Fitzpatrick
The Catholic Lawyer
No abstract provided.
Growing Pains: How The North Dakota Supreme Court’S Decision In Baha Petroleum Consulting Corp. V. Job Service North Dakota Fails To Set Precedent In The Booming Oil And Gas Industry, David W. Wilken
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Justice, Employment, And The Psychological Contract, Larry A. Dimatteo, Robert C. Bird, Jason A. Colquitt
Justice, Employment, And The Psychological Contract, Larry A. Dimatteo, Robert C. Bird, Jason A. Colquitt
Larry A DiMatteo
The paper is a multidisciplinary collaboration between contract law, employment law and management scholars and draws from the fields of law, management, and psychology. After reviewing and noting the gaps in the employment and justice literatures, this paper presents the findings of a survey of 763 participants to measure whether certain variables—procedural and substantive fairness, as well as educating employees on the principle of employment at will—impact the propensities of employees to retaliate and litigate at the time of discharge. The survey results are significant and striking. We find statistically significant reductions in retaliation and litigation rates when survey respondents …
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton
Pace Law Review
This is a story about a union and a private sector employer who repeatedly negotiated collective bargaining agreements which referenced side contracts which provided retirees with post-employment healthcare benefits. In the early decades of their relationship neither the union nor the employer appear to have given any thought to whether or not these retiree health benefits in fact vested—i.e. were promised to retirees at no cost for the remainder of their lives. By the 1980s and certainly the 1990s however, as health care costs soared and life expectancy expanded, both parties continued to regularly re-negotiate agreements that were silent as …
Brief In Opposition. City Of Houston V. Zamora, 136 S.Ct. 2009 (2016) (No. 15-868), 2016 U.S. S. Ct. Briefs Lexis 1615, 2016 Wl 1445907, Eric Schnapper, Kim Ogg, Scott Poerschke, Randall L. Kallinen, Robert Mcknight, Jr.
Brief In Opposition. City Of Houston V. Zamora, 136 S.Ct. 2009 (2016) (No. 15-868), 2016 U.S. S. Ct. Briefs Lexis 1615, 2016 Wl 1445907, Eric Schnapper, Kim Ogg, Scott Poerschke, Randall L. Kallinen, Robert Mcknight, Jr.
Court Briefs
QUESTIONS PRESENTED (1) Does the liability standard in Staub v. Proctor Hospital, 562 U.S. 411 (2011), apply to retaliation claims under Title VII? (2) Under Staub, where a supervisor for an unlawful purpose has engaged in conduct that was intended to and did in fact cause an adverse employment action, the existence of an independent investigation by other officials does not limit liability unless that investigation reveals a new basis for that adverse action that is “unrelated” to the conduct of the supervisor. The second question presented is: Should the Court overturn the decision in Staub, and hold that an …
Morality Of Right-To-Work Laws, Bernard H. Fitzpatrick
Morality Of Right-To-Work Laws, Bernard H. Fitzpatrick
The Catholic Lawyer
No abstract provided.
Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers
Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers
Fordham Urban Law Journal
No abstract provided.
Constitutional Law-Aliens-Civil Service Commission Regulation Demanding Citizenship As A Prerequisite To Employment Deprives Resident Aliens Of Liberty Without Due Process Of Law, Sheryl A. Newberry
Constitutional Law-Aliens-Civil Service Commission Regulation Demanding Citizenship As A Prerequisite To Employment Deprives Resident Aliens Of Liberty Without Due Process Of Law, Sheryl A. Newberry
Georgia Journal of International & Comparative Law
No abstract provided.
That's Not My Name: An Analysis Of North Carolina Laws Used To Classify Employees And Independent Contractors Of Sharing-Economy Business, Gabriel J. Wright
That's Not My Name: An Analysis Of North Carolina Laws Used To Classify Employees And Independent Contractors Of Sharing-Economy Business, Gabriel J. Wright
North Carolina Central Law Review
No abstract provided.
Legal Barriers To Age Discrimination In Hiring Complaints, Pnina Alon-Shenker
Legal Barriers To Age Discrimination In Hiring Complaints, Pnina Alon-Shenker
Dalhousie Law Journal
Studies have shown that senior workers endure longer spells of unemployment than their younger counterparts. Age discrimination has been identified as one of the main obstacles to reemployment. This article critically examines how Canadian anti-age discrimination law has responded to the contemporary challenges experienced by senior job seekers. It articulates several difficulties in our existing age discrimination legal framework by analyzing and contrasting social science literature on the present labour market experience of senior job applicants with human rights tribunal and court decisions in hiring complaints. It concludes by sketching a preliminary set of workable proposals for change that derives …
Dancing Around Contracts And Business Ethics: Lessons From Arthur Murray, Daniel M. Warner
Dancing Around Contracts And Business Ethics: Lessons From Arthur Murray, Daniel M. Warner
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athletic Discipline In The Nfl & Nba, Joshua S.E. Lee, Jaimie K. Mcfarlin
Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athletic Discipline In The Nfl & Nba, Joshua S.E. Lee, Jaimie K. Mcfarlin
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
A Comparative Study Of Non-Compete Agreements For Trade Secret Protection In The United States And China, Hui Shangguan
A Comparative Study Of Non-Compete Agreements For Trade Secret Protection In The United States And China, Hui Shangguan
Washington Journal of Law, Technology & Arts
Non-compete agreements are commonly used in both the United States and China, and are regarded as an important means for employers to prevent employees or rival companies from using valuable trade secrets for competitive purposes. Despite their popularity, however, the enforceability of non-competes in both countries can be difficult to determine. In the U.S., the level to which non-competes are fully enforced varies by jurisdiction. While some state courts apply a “rule of reason,” others, such as California, prohibit non-competes altogether. In contrast, Chinese courts tend to support non-competes. This Article provides a comparative perspective of non-competes in the U.S. …
Understanding Noncompetition Agreements: The 2014 Noncompete Survey Project, J. J. Prescott, Norman D. Bishara, Evan Starr
Understanding Noncompetition Agreements: The 2014 Noncompete Survey Project, J. J. Prescott, Norman D. Bishara, Evan Starr
Articles
In recent years, scholars and policymakers have devoted considerable attention to the potential consequences of employment noncompetition agreements and to whether legislatures ought to reform the laws that govern the enforcement of these controversial contractual provisions. Unfortunately, much of this interest—and the content of proposed reforms—derives from anecdotal tales of burdensome noncompetes among low-wage workers and from scholarship that is either limited to slivers of the population (across all studies, less than 1%) or relies on strong assumptions about the incidence of noncompetition agreements. Better understanding of the use of noncompetes and effective noncompetition law reform requires a more complete …
Productivity And Affinity In The Age Of Dignity, Stephen Lee
Productivity And Affinity In The Age Of Dignity, Stephen Lee
Michigan Law Review
This Review proceeds as follows. Part I summarizes The Age of Dignity. Part II explains how this segment of immigrant workers challenges the productivity/affinity binary that dominates immigration law’s formal migration rules. Part III shows how this binary sets up dual migration streams, both of which could account for future flows of care workers. As Part III shows, the example of the eldercare industry nicely illustrates how the employment based and family-based migration systems simply represent two different ways of filling labor needs. I then conclude.
Just Jobs, Anita Bernstein
Blowing The Whistle On Nightclub Illegality To The Nevada Gaming Control Board And Nevada's Common Law Protections, Robert Loftus
Blowing The Whistle On Nightclub Illegality To The Nevada Gaming Control Board And Nevada's Common Law Protections, Robert Loftus
UNLV Gaming Law Journal
No abstract provided.
Joint Employers: The Nevada Casino Operator's Role In Regulating Labor Conditions Of Venue Employees, Mary Tran
Joint Employers: The Nevada Casino Operator's Role In Regulating Labor Conditions Of Venue Employees, Mary Tran
UNLV Gaming Law Journal
No abstract provided.
Regulating Employment-Based Anything, Brendan S. Maher
Regulating Employment-Based Anything, Brendan S. Maher
Faculty Scholarship
Benefit regulation has been called “the most consequential subject to which no one pays enough attention.” It exhausts judges, intimidates legislators, and scares off theorists. That need not be so. Reality is less complicated than advertised.
Governments often consider intervention if markets fail to make some socially desirable Good X — such as education, health care, home mortgages, or pensions, for example — sufficiently available. One obvious fix is for the government to provide the good itself. A less obvious intervention is for the government to regulate employment-based (EB) arrangements that provide Good X as a benefit to employees and …
An Uberdilemma: Employees And Independent Contractors In The Sharing Economy, Grant E. Brown
An Uberdilemma: Employees And Independent Contractors In The Sharing Economy, Grant E. Brown
Maryland Law Review Online
No abstract provided.
At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez
At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez
Catholic University Law Review
Reviewing the intersection of a religious organization’s right to select employees based on their goals and mission and modern employment law, this article argues that the analysis of the ministerial exception will depend on the type of suit brought. Specifically, the Article identifies five analytical categories: (1) employment discrimination/employment retaliation claims; (2) breach of employment contract claims; (3) whistleblower claims; (4) tort claims; and (5) miscellaneous claims.
The Article begins by describing the ministerial exception and ecclesiastical abstention doctrines that exist under the First Amendment through the lens of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran Church & School …
Supreme Court Tie In Teacher Case Delivers A Crucial Victory To Unions, Angela B. Cornell
Supreme Court Tie In Teacher Case Delivers A Crucial Victory To Unions, Angela B. Cornell
Cornell Law Faculty Publications
No abstract provided.
Labour Standards In International Law: All States Should Have An Obligation To Punish Misconducts Of Multinational Enterprises Under International Customary Law, Andrea Scozzaro
City University of New York Law Review
No abstract provided.
Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige
Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige
Touro Law Review
No abstract provided.
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili
Touro Law Review
No abstract provided.