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Articles 1 - 8 of 8
Full-Text Articles in Law
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
University of Michigan Journal of Law Reform
A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …
On-Call Time Under The Fair Labor Standards Act, Eric Phillips
On-Call Time Under The Fair Labor Standards Act, Eric Phillips
Michigan Law Review
Economic pressures, changing family structures, and technology have increasingly blurred the line between work time and personal time. The rise of independent contracting, the growing number of families in which both parents work, and the. expanding reach of computer networks, fax machines, pagers, and mobile telephones, to provide a few examples, have blurred the once-familiar distinction between work time and leisure time. This distinction is particularly unclear for on-call employees. An on-call employee is one who may be physically away from the workplace but who remains connected to it by telephone, beeper, computer, or radio, and who must respond to …
Overcoming Collective Action Problems: Enforcement Of Worker Rights, Louise Sadowsky Brock
Overcoming Collective Action Problems: Enforcement Of Worker Rights, Louise Sadowsky Brock
University of Michigan Journal of Law Reform
In a period of new employment laws, it is important to determine how those laws are enforced, why enforcement of those laws is sometimes limited and how enforcement can be improved. This Note discusses the ways in which the theory of collective action limits enforcement of three employee rights statutes: the Fair Labor Standards Act, the Occupational Safety and Health Act, and the Worker Adjustment and Retraining Notification Act. Enforcement mechanisms such as class action lawsuits, administrative agencies, employee participation groups, and labor unions represent potential methods of overcoming collective action problems. Each method has its benefits, and the three …
Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto
Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto
Michigan Law Review
At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …
Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck
Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck
Michigan Journal of International Law
Review of Fair Trade and Harmonization: Prerequisites for Free Trade? by Jagdish N. Bhagwati & Robert E. Hudec
Proceedings Of The 1997 Annual Meeting Association Of American Law School Sections On Employment Discrimination Law And Alternative Dispute Resolution, Theodore J. St. Antoine, Herbert Bernhardt, Catherine Hagen, Paul Tobias, Marion Zinman
Proceedings Of The 1997 Annual Meeting Association Of American Law School Sections On Employment Discrimination Law And Alternative Dispute Resolution, Theodore J. St. Antoine, Herbert Bernhardt, Catherine Hagen, Paul Tobias, Marion Zinman
Other Publications
The following is an edited transcript of the proceedings of the joint meeting of the Employment Discrimination Law and Alternative Dispute Resolution Sections at the AALS Annual Meeting, Washington, D.C., January 7, 1997.
The Law Of Arbitration, Theodore J. St. Antoine
The Law Of Arbitration, Theodore J. St. Antoine
Book Chapters
The law did not look kindly on arbitration in its infancy. As a process by which two or more parties could agree to have an impartial outsider resolve a dispute between them, arbitration was seen as a usurpation of the judiciary' sown functions, as an attempt to "oust the courts of jurisdiction." That was the English view, and American courts were similarly hostile. They would not order specific performance of an executory (unperformed) agreement to arbitrate, nor grant more than nominal damages for the usual breach. Only an arbitral award actually issued was enforceable at common law. All this began …
Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine
Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine
Articles
Would employees-including union employees-be better off with mandatory arbitration, even of statutory employment claims? The answer to this important question should depend less on abstract notions about the importance of statutory claims and the sanctity of the right to a jury trial, and more on a pragmatic assessment of what is likely to be best for the great majority of workers. Employing this type of analysis, which would take into account an overworked, underfunded Equal Employment Opportunity Commission, backlogged court dockets and other practical problems, my view is that most employees might well be better off with mandatory arbitration, provided …