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Full-Text Articles in Law
Strategies For Combating Sexual Harassment: The Role Of Labor Unions, Ann C. Hodges
Strategies For Combating Sexual Harassment: The Role Of Labor Unions, Ann C. Hodges
Law Faculty Publications
This article will discuss the role that unions do play and the role that they can play in eliminating workplace harassment. First, the article will discuss the problem of harassment in the workplace, documenting its frequency and analyzing its forms. Section II will include an examination of harassment in the unionized workplace. Section III will propose a number of reasons that unions should take the lead in addressing workplace harassment, some focused on workers' rights and others on union selfinterest. Finally, in Section IV, the article will recommend several approaches for unions that desire to be in the vanguard of …
The Supreme Court: A Unique Institution, John Paul Jones
The Supreme Court: A Unique Institution, John Paul Jones
Law Faculty Publications
Established by the U.S. Constitution in 1789, the Supreme Court is both the final arbiter of significant legal cases and the prevailing authority on the constitutionality of individual laws. While the Constitution specifies the Court's original jurisdiction, it does not spell out how the Court should conduct its business, or even the number of justices who should serve on the Court or what their qualifications should be. Thus, the Founding Fathers provided a High Court for the nation with the adaptability to respond to the needs of its citizens.
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
Law Faculty Publications
The IBM decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to rights under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. After analyzing the IBM decision, I will consider the costs and benefits of the current regulatory …
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges
Law Faculty Publications
During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams, which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …
The Employment Law Decisions Of The October 1999 Term Of The Supreme Court: Review And Analysis, Ann C. Hodges
The Employment Law Decisions Of The October 1999 Term Of The Supreme Court: Review And Analysis, Ann C. Hodges
Law Faculty Publications
The five employment law cases decided by the Supreme Court during the October 1999 Term bring to nineteen the total number of significant employment law cases decided by the Court during the last three terms. The October 1997 Term cases were marked by primary focus on employer liability, under Title VII of the Civil Rights Act of 1964, for sexual harassment by supervisors. Primary focus during the 1998 Term was on disability discrimination under the Americans with Disabilities Act of 1990 (ADA) and on the constitutionality of actions brought by private parties against states under the Fair Labor Standards Act …
Dispute Resolution Under The Americans With Disabilities Act: A Report To The Administrative Conference Of The United States, Ann C. Hodges
Dispute Resolution Under The Americans With Disabilities Act: A Report To The Administrative Conference Of The United States, Ann C. Hodges
Law Faculty Publications
Congress passed the Americans With Disabilities Act ("ADA") in 1990 and it became effective in 1992.The statute prohibits discrimination against individuals with disabilities by employers, state and local governments, and public accommodations. With more than two years experience under the statute, an assessment of the effectiveness of the dispute resolution procedures is appropriate. This Article begins with a brief overview of the statute, including an analysis of the dispute resolution procedure under each title. The report then discusses the effectiveness of existing dispute resolution procedures. Finally the report makes recommendations for improving the dispute resolution procedures, including a specific recommendation …