Law Commons^™

Mine Safety And Health: A Formula For Continued Success, J. Davitt Mcateer

West Virginia Law Review

No abstract provided.

Restoring Balance To Collective Bargaining: Prohibiting Discrimination Against Economic Strikers, William D. Turner

West Virginia Law Review

No abstract provided.

Meeting The Challenge At The Mines: The Americans With Disabilities Act, Susan E. Chetlin, Mark E. Baker

West Virginia Law Review

No abstract provided.

Paying The Price Of Judicial Activism Under The Wage Payment And Collection Act, Elizabeth D. Harter

West Virginia Law Review

No abstract provided.

Sullivan V. Scoular Grain Co.: Apportioning The Fault Of Immune Employers, Dale T. Hansen

BYU Law Review

No abstract provided.

The Dubious Title Vii Cause Of Action For Sexual Favoritism, Michael J. Phillips

Washington and Lee Law Review

No abstract provided.

The Race To The Courthouse: Conflicting Views Toward The Judicial Review Of Osha Standards, David R. Cherrington

BYU Law Review

No abstract provided.

The Public Policy Exclusion And Insurance For Intentional Employment Discrimination, Sean W. Gallagher

Michigan Law Review

This Note argues that courts choosing to apply the public policy exclusion to insurance for intentional employment discrimination liability should nevertheless permit employers to enforce insurance covering negligent supervision liability and liability imputed to an employer as a result of the intentional discrimination committed by its employees. Part I establishes a framework for understanding the cases in which courts have invoked public policy to refuse enforcement of insurance contracts, arguing that the rationale behind the public policy exclusion is utilitarian and that courts refuse to enforce insurance for liability arising out of intentional wrongdoing on the grounds that such insurance …

Fathers And Parental Leave, Martin H. Malin

All Faculty Scholarship

No abstract provided.

St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway

Faculty Articles and Papers

No abstract provided.

Rekindling Labor Law Successorship In An Era Of Decline, Wilson Mcleod

Hofstra Labor & Employment Law Journal

No abstract provided.

Union Organizing After Lechmere, Inc. V. Nlrb - A Time To Reexamine The Rule Of Babcock & Wilcox, Alan L. Zmija

Hofstra Labor & Employment Law Journal

No abstract provided.

St. Mary's Honor Ctr. V. Hicks: The Court's Reinterpretation Of The Mcdonnell Douglas Framework In A Title Vii Case - Can The Plaintiff Win Without A "Smoking Gun"?, Glenn H. Egor

Hofstra Labor & Employment Law Journal

No abstract provided.

Corporate Social Responsibility Through Constituency Statutes: Legend Or Lie?, Gary Von Stange

Hofstra Labor & Employment Law Journal

No abstract provided.

How The Taft-Hartley Act Hindered Unions, Steven E. Abraham

Hofstra Labor & Employment Law Journal

No abstract provided.

Does Title Vii Contemplate Personal Liability For Employee/Agent Defendants?, Janice R. Franke

Hofstra Labor & Employment Law Journal

No abstract provided.

Kraus V. New Rochelle Hosp. Medical Ctr.: Are Whistleblowers Finally Getting The Protection They Need?, Joan Corbo

Hofstra Labor & Employment Law Journal

No abstract provided.

Individual Protection Crumbles While Sovereignty Reigns: A Comment On Saudi Arabia V. Nelson, Steven Weisman

Hofstra Labor & Employment Law Journal

No abstract provided.

Rico: Is It A Panacea Or A Bitter Pill For Labor Unions, Union Democracy And Collective Bargaining?, Steven T. Ieronimo

Hofstra Labor & Employment Law Journal

No abstract provided.

Verbal Sexual Harassment As Equality-Depriving Conduct, Keith R. Fentonmiller

University of Michigan Journal of Law Reform

Part I of this Note argues that commentators like Browne and some courts have mischaracterized the harm of verbal sexual harassment as mere "offense." Rather, the true harm of a sexually hostile environment created by words and expressive conduct extends beyond offense, emotional distress, and economic displacement; at bottom, the harm is equality-deprivation.

Part II explains how a sexually hostile environment is equality-depriving by arguing that words which create a sexually hostile environment must be understood in historical and social context. Words can be used not only to communicate ideas but also to perform acts of coercion and sexual abuse. …

Just When You Thought It Was Safe . . . Nannygate Ii: The Sequel, Martin J. Katz, Christopher Leh

Sturm College of Law: Faculty Scholarship

The "Nannygate" scandal that erupted in the wake of Zoe Baird's failed attorney general nomination and Judge Stephen Breyer's aborted Supreme Court nomination has subsided. Most employers of domestic workers now realize they must comply with certain tax and immigration requirements. However, what they may not realize is that they might be violating the law concerning the most fundamental aspect of the employment relationship: how much they pay their domestic employees. Most people understand that nondomestic employees are subject to minimum wage, overtime and recordkeeping requirements of the federal Fair Labor Standards Act ("FLSA"). What is not so obvious is …

Erisa Qualified Pension Plan Benefits As Property Of The Bankruptcy Estate: The Unanswered Questions After Patterson V. Shumate, Jack E. Karns

Campbell Law Review

To better understand the impact of Patterson, as well as future debates regarding conflict between state and federal law in the Bankruptcy Code, this article will review the underlying case law that set the stage for this judicial showdown. Part II specifically analyzes the competing case lines which excluded pension plan benefits from the bankruptcy estate. Part III briefly summarizes those cases which concluded that plan benefits must be included in the estate but may be subject to exemption under state or federal law. Part IV reviews the Patterson opinion in detail, as well as the issues and analysis …

Erisa, Preemption And Comprehensive Federal Health Care: A Call For "Cooperative Federalism" To Preserve The States' Role In Formulating Health Care Policy, James E. Holloway

Campbell Law Review

This article revisits the familiar theme of federalism and health care policy. It takes the position that federalism is decreasing and will decrease further under national health care that is fast becoming, if not already so, an exclusive field of federal regulation. The article draws this conclusion from three influences on federal regulation and policy: (1) the expanding preemptive effects of employee benefit regulation on state health care, as well as other law and public policy; (2) the increasing public policy favoring a comprehensive national health care policy; and (3) the existing dominance of federal medical care and assistance regulation …

The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary

Scholarly Works

No abstract provided.

Vol. 11, No. 1, Robert Creamer

The Illinois Public Employee Relations Report

Contents:

The Case for National Health Insurance, by Robert Creamer

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Small Numbers, Black Men, Precipitous Responses, Big Problems, Michael A. Middleton

Faculty Publications

Professor Culp has aptly warned us that in our discussion of employment discrimination we should not lose sight of the need to address the spectrum of policies affecting the status of African-Americans. Without serious efforts in all aspects of American life (e.g., housing, education, health care, political and economic empowerment) our chances of significantly improving the future for African-American men are slim.

Annual Report To The Legislature 1992-1993, 1993-1994, Agricultural Labor Relations Board

California Agencies

No abstract provided.

The Continuing Controversy Over Labor Board Deferral To Arbitration--An Alternative Approach, 24 Stetson L. Rev. 175 (1994), Gerald E. Berendt, David A. Youngerman

UIC Law Open Access Faculty Scholarship

No abstract provided.

E-Mail And Voice Mail: Employee Privacy And The Federal Wiretap Statute , Thomas R. Greenberg

American University Law Review

No abstract provided.

There Is Life In That Old (I Mean, More "Senior") Dog Yet: The Age-Proxy Theory After Hazen Paper Co. V. Biggins, Robert J. Gregory

Hofstra Labor & Employment Law Journal

No abstract provided.