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Articles 1 - 30 of 33
Full-Text Articles in Law
Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William Corbett
Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William Corbett
William R. Corbett
The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation requires employers to make reasonable accommodations for pregnant employees, and the other does not require such accommodations. In Young v. United Parcel Service, Inc., the Supreme Court held that in some cases employees may be able to prove intentional pregnancy discrimination based on an employer's failure to make accommodations for the pregnant employee when the employer makes accommodations for other disabled employees. Rather than reaching this result by interpreting the statute to require reasonable accommodations, however, the Court held that plaintiffs with "indirect evidence" of …
What Is Troubling About The Tortification Of Employment Discrimination Law?, William Corbett
What Is Troubling About The Tortification Of Employment Discrimination Law?, William Corbett
William R. Corbett
No abstract provided.
Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, Lea Vandervelde, Matthew Finkin, Stephen Befort, William Corbett
Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, Lea Vandervelde, Matthew Finkin, Stephen Befort, William Corbett
William R. Corbett
No abstract provided.
The National Labor Relations Act: A Valuable Source Of Protection For Nonunion Workers, William Corbett
The National Labor Relations Act: A Valuable Source Of Protection For Nonunion Workers, William Corbett
William R. Corbett
No abstract provided.
Of Babies, Bathwater, And Throwing Out Proof Structures: It Is Not Time To Jettison Mcdonnell Douglas, William Corbett
Of Babies, Bathwater, And Throwing Out Proof Structures: It Is Not Time To Jettison Mcdonnell Douglas, William Corbett
William R. Corbett
No abstract provided.
Of Power And Lies: At The Intersection Of Employment Discrimination And Employment At Will, William Corbett
Of Power And Lies: At The Intersection Of Employment Discrimination And Employment At Will, William Corbett
William R. Corbett
No abstract provided.
Daubert V. Merrell Dow Pharmaceuticals Inc.: Keeping The Gate In Employment Discrimination Cases, William Corbett
Daubert V. Merrell Dow Pharmaceuticals Inc.: Keeping The Gate In Employment Discrimination Cases, William Corbett
William R. Corbett
No abstract provided.
Tort Law: The American And Louisiana Perspectives, William Corbett, Frank Maraist, John Church
Tort Law: The American And Louisiana Perspectives, William Corbett, Frank Maraist, John Church
William R. Corbett
Tort Law: The American and Louisiana Perspectives, Second Edition has as its primary objective a study of tort law in the United States and Louisiana. It differs from most other torts casebooks, however, in that it has a secondary objective of providing an exercise in comparative law. In the United States, we often overlook the fact that the common law system that prevails in our nation is not the only legal system in the world. Much of the world applies a civil law approach in which a civil code has a more prominent role than case law. In a world …
Labor-Management Relations: Strikes, Lockouts And Boycotts, William Corbett, Douglas Ray, Christopher Ruiz Cameron
Labor-Management Relations: Strikes, Lockouts And Boycotts, William Corbett, Douglas Ray, Christopher Ruiz Cameron
William R. Corbett
Labor-Management Relations: Strikes, Lockouts and Boycotts, now in a convenient softbound format, covers major labor regulations such as the Labor Management Relations Act and the Norris-LaGuardia Act, as well as the legal prerequisites of a strike. It helps you quickly develop expertise you can bring to the bargaining table in labor/management confrontations.
A Proposal For Procedural Limitations On Hiring Permanent Striker Replacements: "A Far, Far Better Thing" Than The Workplace Fairness Act, William Corbett
A Proposal For Procedural Limitations On Hiring Permanent Striker Replacements: "A Far, Far Better Thing" Than The Workplace Fairness Act, William Corbett
William R. Corbett
Since the Supreme Court's decision in NLRB v. Mackay Radio & Telegraph Co. in 1938, employers have been permitted to hire permanent replacements for striking employees. The hiring of permanent replacements deprives employees engaged in an economic strike of their right to immediate reinstatement to their jobs at the conclusion of the strike. Although, under the substantive law, the "Mackay doctrine" applies to economic strikes but not unfair labor practice strikes, in practice employers permanently replace employees engaged in both types of strikes. This is possible because the unfair labor practice proceedings, which determine the type of strike, occur long …
The Global Workplace: International And Comparative Employment Law: Cases And Materials, William Corbett, Roger Blanpain, Susan Bisom-Rapp, Hilary Josephs, Michael Zimmer
The Global Workplace: International And Comparative Employment Law: Cases And Materials, William Corbett, Roger Blanpain, Susan Bisom-Rapp, Hilary Josephs, Michael Zimmer
William R. Corbett
The first casebook covering both international and comparative labor and employment law is characterized by its authorship by prolific, respected scholars, all of whom have taught law outside the United States. A solid conceptual framework compares national laws dealing with individual collective employment rights, including antidiscrimination law and privacy law, and considers the systems used to resolve labor and employment disputes in the context of international labor law. A sweeping coverage of international labor law considers the International Labour Organization, NAFTA and other bilateral trade agreements that include labor standards, and the European Union. In addition, The Global Workplace explores …
The "Fall" Of Summers, The Rise Of "Pretext Plus," And The Excalating Subordination Of Federal Employment Discrimination Law To Employment At Will: Lessons From Mckennon And Hicks, William Corbett
William R. Corbett
No abstract provided.
Taking The Employer's Gun And Bargaining About Returning It: A Reply To "A Law, Economic, And Negotiations Approach" To Striker Replacement Law, William Corbett
Taking The Employer's Gun And Bargaining About Returning It: A Reply To "A Law, Economic, And Negotiations Approach" To Striker Replacement Law, William Corbett
William R. Corbett
No abstract provided.
Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett
Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett
William R. Corbett
No abstract provided.
A Somewhat Modest Proposal To Prevent Adultery And Save Families: Two Old Torts Looking For A New Career, William R. Corbett
A Somewhat Modest Proposal To Prevent Adultery And Save Families: Two Old Torts Looking For A New Career, William R. Corbett
William R. Corbett
No abstract provided.
The Need For A Revitalized Common Law Of The Workplace, William Corbett
The Need For A Revitalized Common Law Of The Workplace, William Corbett
William R. Corbett
No abstract provided.
The Narrowing Of The National Labor Relations Act: Maintaining Workplace Decorum And Avoiding Liability, William R. Corbett
The Narrowing Of The National Labor Relations Act: Maintaining Workplace Decorum And Avoiding Liability, William R. Corbett
William R. Corbett
No abstract provided.
Waiting For The Labor Law Of The Twenty-First Century: Everything Old Is New Again, William R. Corbett
Waiting For The Labor Law Of The Twenty-First Century: Everything Old Is New Again, William R. Corbett
William R. Corbett
No abstract provided.
An Allegory Of The Cave And The Desert Palace, William R. Corbett
An Allegory Of The Cave And The Desert Palace, William R. Corbett
William R. Corbett
No abstract provided.
Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William Corbett
William R. Corbett
In this Essay, the author faces his nightmare exam question: he must define "sexual harassment" to the satisfaction of several potential graders with different perspectives on sexual harassment law. His valiant effort to justify his response leads him to a discussion of the federal law of vicarious liability for sexual harassment by supervisors after the Supreme Court's recent rejection of tort law respondeat superior analysis for such claims under Title VII. The author argues that, while the rejection of the tort standard for vicarious liability in Title VII claims removes the longstanding connection between Title VII law and state tort …
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William Corbett
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William Corbett
William R. Corbett
No abstract provided.
Mcdonnell Douglas, 1973-2003: May You Rest In Peace?, William Corbett
Mcdonnell Douglas, 1973-2003: May You Rest In Peace?, William Corbett
William R. Corbett
No abstract provided.
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
William R. Corbett
The keynote speaker for the conference begins by reminding the audience that a mere quarter of a century earlier there was no federal law that expressly prohibited discrimination in employment based on physical appearance. Considering the difficulty of crafting and enacting an appearance-based employment discrimination law should lead to a fuller appreciation of not only our employment discrimination laws generally, but also the Americans with Disabilities Act specifically.
"The More Things Change,…": Reflections On The Stasis Of Labor Law In The United States, William Corbett
"The More Things Change,…": Reflections On The Stasis Of Labor Law In The United States, William Corbett
William R. Corbett
No abstract provided.
Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William R. Corbett
Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William R. Corbett
William R. Corbett
No abstract provided.
Babbling About Employment Discrimination Law: Does The Builder Understand The Blueprint For The Great Tower?, William Corbett
Babbling About Employment Discrimination Law: Does The Builder Understand The Blueprint For The Great Tower?, William Corbett
William R. Corbett
The article focuses on the U.S. Supreme Court’s recent decision in which the Court held that a plaintiff asserting an intentional age discrimination claim cannot avail himself of the mixed-motives proof structure and instead must prove but-for causation. Gross v. FBL Financial Services, Inc., 129 S. Ct. 2343 (2009). The decision was controversial, and it has provoked calls for a legislative response. My article considers Gross from two perspectives. First, Gross is the second Supreme Court decision, following Desert Palace, Inc. v. Costa, 539 U.S. 90 (2003), to interpret the effects of the Civil Rights Act of 1991 on the …
Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment Discrimination Law, William R. Corbett
Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment Discrimination Law, William R. Corbett
William R. Corbett
This essay considers the topic of appearance-based employment discrimination. The essay introduces the topic by juxtaposing the “hot” story of the summer, the bank employee who claims that she was fired for “being too hot,” with Professor Deborah Rhode’s recently published book, The Beauty Bias: The Injustice of Appearance in Life and Law. In the essay, I argue that although appearance discrimination is one of the most common forms of discrimination in employment and other areas of life and generally is regarded as at least unfair and perhaps immoral, neither federal nor many state employment discrimination laws will be amended …
Fixing Employment Discrimination Law, William Corbett
Fixing Employment Discrimination Law, William Corbett
William R. Corbett
Employment discrimination law in the United States is "broken." The proof structures that are used to analyze claims,rule on motions, and instruct juries are fraught with crucial uncertainties. The state of disrepair is so bad that lawyers and judges do not know how to analyze any given case. It is time for Congress to repair the proof structures through legislation, and it is a propitious time to do so. This article proposes the repairs that Congress should enact.
Unmasking A Pretext For Res Ipsa Loquitur: A Proposal To Let Employment Discrimination Speak For Itself, William Corbett
Unmasking A Pretext For Res Ipsa Loquitur: A Proposal To Let Employment Discrimination Speak For Itself, William Corbett
William R. Corbett
Has too much tort law been incorporated into the case law under the federal employment discrimination statutes? The debate on this issue has been reinvigorated by the Supreme Court’s decision in Staub v. Proctor Hospital, 131 S. Ct. 1186 (2011). In Staub the Court referred to the Uniformed Services Employment and Reemployment Rights Act, a federal employment discrimination statute, as a “federal tort.” The Court then adopted the tort doctrine of proximate cause as the standard for evaluating subordinate bias (or “cat’s paw”) liability. Staub was not the first case in which the Court has suggested that a federal employment …
Answering A Fool According To His Folly: Ruminations On Comparative Fault Thirty Years On, Frank L. Maraist, H. Alston Johnson Iii, Thomas C. Galligan Jr., William R. Corbett
Answering A Fool According To His Folly: Ruminations On Comparative Fault Thirty Years On, Frank L. Maraist, H. Alston Johnson Iii, Thomas C. Galligan Jr., William R. Corbett
William R. Corbett
No abstract provided.