Law Commons^™

Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Evidentiary And Constitutional Implications Of Employee Drug Testing Through Hair Analysis, Theresa K. Casserly

Cleveland State Law Review

This note addresses the legal issues affecting hair analysis as a drug detector. Part II outlines a background of hair analysis. Part III presents the scientific controversy that surrounds hair analysis. Part IV addresses cases involving hair analysis. Part V examines the privacy implications of employee drug testing through hair analysis. Part VI overviews statutes which affect this method of employee drug testing.

Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory

Fordham Urban Law Journal

This Article examines the deep human rights concerns within the transmogrifying world of work, focusing on the integral part that work plays in the definition, construction, maintenance, and enhancement of the social contract in the context of the New York City welfare workforce. Part I reviews the "employee"/partner/independent contractor distinctions, focusing on recent case law, the regulatory tax regime, and related issues. Part II examines the complex pressures that workfare legislation will exert throughout most sectors of the workforce and the unemployed. Part III explores the role of Catholic social teachings on workers' rights as well as the reemergence of …

Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias

Articles

No abstract provided.

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 …

Workers' Compensation: Temporary Employees And The Exclusiveness-Of-Remedy Provision, Brian C. Baugh

Kentucky Law Journal

No abstract provided.

Employees: Show Us Your Paycheck, Dina Mastellone

Touro Law Review

No abstract provided.

The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley

Scholarly Works

In Foster v. Dalton, the United States Supreme Court approved of the promotion of a less-qualified white male over a better-qualified black female under very suspicious circumstances; in Taxman v. Board of Education, the court invalidated the retention of an equally qualified black female over her white counterpart. The law justifies the disparate results in Foster and Taxman by invoking the principle of race and gender “neutrality” in the decision making process. Under this principle, the law generally prohibits employment determinations based consciously on a person's race or gender. An exception to the “neutrality principle” of Title VII is the …

The Costs Of Agencies: Waters V. Churchill And The First Amendment In The Administrative State, Kermit Roosevelt Iii

All Faculty Scholarship

106 Yale L. J. 1233 (1997)

The First American Case Under The North American Agreement For Labor Cooperation, Sarah Lowe

University of Miami Law Review

No abstract provided.

Protections For Erisa Self-Insured Employee Welfare Benefit Plan Participants: New Possibilities For State Action In The Event Of Plan Failure, Mark A. Edwards

Faculty Scholarship

Employees who receive health benefits through ERISA self-insured plans need protection when self-insured plans fail. Because of the breadth of ERISA preemption, states have been unable to assess ERISA self-insured plans for contribution to state insurance guaranty funds, and thus have been unable to include those employees in the protection of those funds. Further, attempts at federal reform to protect these employees have failed to garner support. However, under the recent Travelers, United Wire, and Safeco decisions, it may be possible for states to assess ERISA self-insured funds and their participants through a combination of hospital use surcharges and taxes …

Ending Welfare, Leaving The Poor To Face New Risk, Jeffrey S. Lehman, Sheldon Danziger

Cornell Law Faculty Publications

No abstract provided.

The Scope Of Employer Liability For Employee Exposure To A Hazardous Substance: No Harm, No Foul? An Analysis Of Metro-North Commuter R.R. Co. V. Buckley, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Metro-North Commuter R.R. Co. v. Buckley, 521 U.S. 424 (1997). The author expected the Court to decide whether a railroad worker who is covered by the Federal Employer's Liability Act who has been exposed to asbestos because of employer negligence but who has not developed an asbestos-related disease can recover damages for emotional distress caused by the exposure.

Introduction, Susan P. Sturm

Faculty Scholarship

The theme of the first Symposium issue, Rethinking Law in the Twenty-First Century Workplace, addresses a fundamental challenge facing the field of labor and employment law. Existing regulatory regimes in this area are ill-equipped to address the demands of the increasingly dynamic, unstable, and technologically-driven workplace. This Symposium brought together a diverse and creative group of scholars, public policy thinkers, and activists to discuss new frameworks for participation, inclusion, evaluation, and legal regulation in the workplace. These participants represented a variety of disciplines, including law, psychology, organizational theory, sociology, and public policy. Each of the participants brought to the table …

Employees, Pensions, And The New Economic Order, Jeffrey N. Gordon

Faculty Scholarship

The "New Economic Order" in the United States is a regime of trade liberalization, a robust market in corporate control, and labor market flexibility. Among the consequences over the 1980-1995 period is a divergence between the growth rate of corporate profits and stocks prices, which have increased by approximately 250% in real terms, and wages, which have barely increased at all, except for the top quintile. Contrary to popular belief employees have not significantly participated through their pension funds in this stock market appreciation. In the historically dominant defined benefit pension plan, the sponsoringfirm, not the employee, is the residual …

The Context Of Employment Discrimination In Japan, Allen Madison

Allen Madison

This article compares employment practices and laws regarding discrimination in Japan to those in the United States. Then it compares the cultural contexts in which discrimination and related regulation exist in each country. The article concludes that the Japanese laws are effective in the context of Japanese culture and that they are more likely to change Japanese attitudes about age, race, and gender in making hiring and promotion decisions than laws in the United States.

United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer