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Articles 1 - 30 of 121
Full-Text Articles in Law
Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel
Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel
Anne S. Emanuel
No abstract provided.
Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough
Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough
Alexander Colvin
[Excerpt] What do we know about mandatory arbitration and its impact? Some existing studies have examined samples of employment arbitration cases, usually obtained from the American Arbitration Association (AAA), which is currently the largest arbitration service provider in the employment area. Although some early studies found relatively high employee win rates and damage awards in arbitration, comparable to those in litigation, these results were mainly based on arbitration under individually negotiated agreements or in the securities industry and involved relatively highly paid individuals. More recent studies using larger samples of cases based on mandatory arbitration agreements find much lower employee …
Work Wives, Laura A. Rosenbury
Work Wives, Laura A. Rosenbury
Laura A. Rosenbury
Traditional notions of male and female roles remain tenacious at home and work even in the face of gender-neutral family laws and robust employment discrimination laws. This Article analyzes the challenge of gender tenacity through the lens of the “work wife.” The continued use of the marriage metaphor at work reveals that the dynamics of marriage flow between home and work, creating a feedback loop that inserts gender into both domains in multiple ways. This phenomenon may reinforce gender stereotypes, hindering the potential of law to achieve gender equality. But such gender tenacity need not always lead to subordination. The …
Working Relationships, Laura A. Rosenbury
Working Relationships, Laura A. Rosenbury
Laura A. Rosenbury
In this Essay written for the symposium on "For Love or Money? Defining Relationships in Law and Life," I extend my previous consideration of friendship to the specific context of the workplace, analyzing friendship through the lens of the ties that arise at work instead of those assumed to arise within the home. Many adults spend half or more of their waking hours at work, in the process forming relationships with supervisors, co-workers, subordinates, customers, and other third parties. Although such relationships are at times primarily transactional, at other times they take on intimate qualities similar to those of family …
Diagnostic Inflation For The People, Benjamin Douglas
Diagnostic Inflation For The People, Benjamin Douglas
Benjamin Douglas
Workplace stress can cause diagnosable mental health problems, and there is every reason to grant psychologically injured workers the same benefits accorded to other injured workers. Nevertheless, numerous jurisdictions deny or restrict these benefits, using arguments that do not stand up to scrutiny. The real reason for the double standard is not rooted in science, medicine or reason, but in employers' need to preserve low expectations for workers' mental well-being, which enables greater employer control over their employees, and shifts the costs of failing mental health to the rest of society. To reclaim workers' compensation for those who are suffering …
Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs
Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs
Harry Arthurs
To diagnose the recent wave of industrial unrest in Canada, it is first of all necessary to indentify its characteristics. The two major dimensions of this phenomenon concern the source of union militancy and its illegal manifestations.
From Theory And Research To Policy And Practice In Work And Employment - And Beyond?, Harry W. Arthurs
From Theory And Research To Policy And Practice In Work And Employment - And Beyond?, Harry W. Arthurs
Harry Arthurs
This paper was delivered as the keynote address to the 50th Annual Conference, Canadian Industrial Relations Association, 29 May 2013. My thanks to Alex Zamfir, JD Candidate, Osgoode Hall Law School, for his editorial and research assistance.
Understanding "Understanding:" Industrial Relations Research And Policy In Canada From 1969 To 1984...And Beyond, Harry W. Arthurs
Understanding "Understanding:" Industrial Relations Research And Policy In Canada From 1969 To 1984...And Beyond, Harry W. Arthurs
Harry Arthurs
This paper is the H.D. Woods Memorial Lecture presented at the 1984 Annual Meeting of the Canadian Industrial Relations Association, Guelph, Ontario.
The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry Arthurs
The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry Arthurs
Harry Arthurs
Paper Presented at a workshop on Equality, at the Institute for Advanced Studies, Nantes, France, in June, 2014. Two epidemiological studies — the Whitehall Studies of 1967 and 1988 — famously demonstrated that socio-economic status is a primary determinant of health outcomes. By locating a large cohort of British civil servants on a social-class gradient, researchers were able to show that individuals at successively lower levels on that gradient experienced diminishing prospects of good health and longevity. This conclusion was complemented by subsequent studies that concluded that degrees of inequality in a society — rather than absolute levels of wealth …
Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn
Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn
Sara Slinn
Widespread adoption of mandatory representation votes and express protection of employer speech invite employer anti-union campaigns during union organizing, including employer-held captive audience meetings. Therefore, the problem of whether and how to restrict employers’ captive audience communications during union organizing is of renewed relevance in Canada. Captive meetings are a long-standing feature of American labour relations. This article considers how treatment of captive meetings evolved in the U.S., including the notion of employee choice, the “marketplace of ideas” view of expression dominating the American debate, and the central role of the contest between constitutional and statutory rights. It also considers …
Voices At Work In North America: Introduction, Sara Slinn, Eric Tucker
Voices At Work In North America: Introduction, Sara Slinn, Eric Tucker
Sara Slinn
No abstract provided.
An Analysis Of The Effects On Parties' Unionization Decisions Of The Choice Of Union Representation Procedure: The Strategic Dynamic Certification Model, Sara Slinn
Sara Slinn
This article proposes a new theoretical framework-the strategic dynamic certification model-to explain how union certification processes operate. Statutory certification procedures are not neutral. Instead, they produce particular incentives, disincentives, and opportunities for employers, unions, and employees, and these affect the outcomes of the procedure. Empirical evidence confirms this model's ability to analyze the certification process and the outcomes of unionization attempts. In particular, this model explains why the change from a card-check to a mandatory representation vote encourages unlawful employer conduct, enhances the effectiveness of union avoidance activities, and deters employee participation in the unionization decision. The article concludes that, …
No Right (To Organize) Without A Remedy: Evidence And Consequences Of Failure To Provide Compensatory Remedies For Unfair Labour Practices In British Columbia, Sara Slinn
Sara Slinn
Employees and unions encounter significant risks during union organizing and often see their efforts thwarted by employers. Labour law regimes attempt to minimize these risks by rendering unlawful a number of unfair labour practices (ULPs) employers can use to prevent unionization. But labour relations boards (LRBs) in Canada often avoid awarding full compensation for the harm ULPs cause, leading employers to still view ULPs as advantageous courses of action with only moderate associated costs.The author argues that this problem can be solved or greatly mitigated without the need for formal reforms, LRBs rather must come to embrace the full range …
Silent Partners: The Role Of Unpaid Market Labor In Families, Lisa Philipps
Silent Partners: The Role Of Unpaid Market Labor In Families, Lisa Philipps
Lisa Philipps
The term 'unpaid market labor' refers to the direct contributions of unpaid family members to market work that officially belongs to another member of the household. Thus one individual may be construed legally as an owner or entrepreneur, but relatives may help out informally with business operations. Likewise, in corporate or public-service settings, certain employees rely on the unpaid help of an executive spouse or political wife. This paper argues that unpaid market labor is conceptually distinct from both paid work and unpaid domestic labor. Legal cases from Canada are used to illustrate the policy implications of this insight and …
Helping Out In The Family Firm: The Legal Treatment Of Unpaid Market Labor, Lisa Philipps
Helping Out In The Family Firm: The Legal Treatment Of Unpaid Market Labor, Lisa Philipps
Lisa Philipps
This article investigates the work of individuals who help out informally with a family member's job, often without pay. Examples include the relative who works in the back room of the family business, the executive spouse who hosts corporate functions, the political wife who campaigns with her husband, or the child who does chores on the family farm. The term "unpaid market labor" (UML) is used here to describe the ways that family members collaborate directly in paid activities that are legally and socially attributed to others. The practical legal problems that can arise in relation to UML are illustrated …
Pension Power: Unions, Pension Funds, And Social Investment In Canada, Jinyan Li
Pension Power: Unions, Pension Funds, And Social Investment In Canada, Jinyan Li
Jinyan Li
This is a review of the book Pension Power: Unions, Pension Funds, and Social Investment in Canada.
The Wagner Model And International Freedom Of Association Standards, Lance A. Compa
The Wagner Model And International Freedom Of Association Standards, Lance A. Compa
Lance A Compa
[Excerpt] I first met Pierre Verge just before beginning my service with the NAFTA labour commission in 1995. Not long after that, Pierre Verge and my own labour law professor at Yale in 1972, Clyde Summers, jointly wrote a penetrating evaluation of the first years of the NAFTA labour side accord, which still serves as the best single analysis of that seminal but flawed instrument linking labour standards and a trade agreement (Summers, Verge and Medina, 1998; Verge, 1999; Verge, 2002). Since then, my understanding of international labour standards and how they relate to labour law in North America has …
The Quest For A New Generation Of Labor Chapter In The Ttip, Michele Faioli
The Quest For A New Generation Of Labor Chapter In The Ttip, Michele Faioli
Michele Faioli
The TTIP (Transatlantic Trade and Investment Partnership Agreement) may be key for the EU-US forthcoming vision of labor and industrial relations. More in general, it may be key for idea of a possible common Western labor legal system. The TTIP may be turned into a occasion to ground a new generation of labor chapters in investment/partnership treaties. In line with preliminary outputs, a practical proposal is introduced. This essay is also aimed at analyzing, under a critical legal approach, why, to what extent and how the TTIP labor chapter may be set up. By means of a de-constructive method in …
Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis
Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis
Dara Purvis
In 2002, the Eighth Circuit reversed a one million dollar jury award to the plaintiff in a sexual harassment suit against General Motors Corporation. This reversal demonstrates the danger of appellate review of such verdicts, limiting sexual harassment verdicts to the lowest common denominator in that circuit.
Happy Belated Labor Day, Commissioner Goodell, Michael J. Goldberg
Happy Belated Labor Day, Commissioner Goodell, Michael J. Goldberg
Michael J Goldberg
No abstract provided.
Rights In Recession: Toward Administrative Antidiscrimination Law, Stephanie Bornstein
Rights In Recession: Toward Administrative Antidiscrimination Law, Stephanie Bornstein
Stephanie Bornstein
This Article documents how, over the past six years and coinciding with the “Great Recession of 2008,” both public and private antidiscrimination enforcement mechanisms have become increasingly constrained, such that the ability to enforce the mandate of Title VII of the Civil Rights Act of 1964 - the main federal law prohibiting employment discrimination - may be facing a crisis point. While enforcement mechanisms for federal antidiscrimination law have long left room for improvement, recent developments in the economy, due to the 2008 recession, and in federal case law, due to a series of procedural decisions by the Roberts Court, …
Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams
Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams
Stephanie Bornstein
This article analyzes how the growing trend of litigation alleging employment discrimination based on workers' family caregiving responsibilities applies to law firms and other legal employers. Our research has found at least thirty-three cases since 1990 in which employees of law firms or other legal employers--both attorneys and support staff--have sued their employers for family responsibilities discrimination (“FRD”). FRD is discrimination against employees based on their family caregiving responsibilities for newborns, young children, elderly parents, or ill spouses or partners. Here we analyze these cases, including the employee experiences that have prompted litigation and the legal theories on which the …
The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Dimaria
The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Dimaria
Michelle DiMaria
No abstract provided.
Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown
Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown
Ronald Brown
No abstract provided.
Federal Legislation For Public Sector Collective Bargaining: A Minimum Standards Approach, Ronald C. Brown
Federal Legislation For Public Sector Collective Bargaining: A Minimum Standards Approach, Ronald C. Brown
Ronald Brown
No abstract provided.
Public Sector Collective Bargaining: Perspective And Legislative Opportunities, Ronald C. Brown
Public Sector Collective Bargaining: Perspective And Legislative Opportunities, Ronald C. Brown
Ronald Brown
No abstract provided.
Book Review Of Managing Local Government Under Union Pressure, Ronald C. Brown
Book Review Of Managing Local Government Under Union Pressure, Ronald C. Brown
Ronald Brown
No abstract provided.
Professors And Unions: The Faculty Senate: An Effective Alternative To Collective Bargaining In Higher Education?, Ronald C. Brown
Professors And Unions: The Faculty Senate: An Effective Alternative To Collective Bargaining In Higher Education?, Ronald C. Brown
Ronald Brown
No abstract provided.
Constitional Basis And Implications Of Federal Collective Bargaining Legislation For State And Local Employees, Ronald C. Brown
Constitional Basis And Implications Of Federal Collective Bargaining Legislation For State And Local Employees, Ronald C. Brown
Ronald Brown
No abstract provided.
"What The Nlrb Giveth The Nlrb Taketh Away: Contrasting Views Concerning Graduate Student Unions", Richard J. Hunter Jr.
"What The Nlrb Giveth The Nlrb Taketh Away: Contrasting Views Concerning Graduate Student Unions", Richard J. Hunter Jr.
Richard J Hunter Jr.
This paper will discuss the status of efforts to unionize various types of graduate students, including teaching assistants, research assistants, and graduate assistants in light of two important NLRB precedents found in New York University and Brown University. The paper contains an introduction to labor law, including a discussion of the certification process, jurisdiction of the NLRB, the requirement of a "substantial showing of interest," establishment of bargaining units, and spacing of representation elections. The paper raises questions about the impact of these contrary rulings on the attempts to form a union by scholarship football players at Northwestern University in …