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Articles 1 - 30 of 88
Full-Text Articles in Law
The Failure Of Punitive Damages In Employment Discrimination Cases: A Call For Change, Joseph A. Seiner
The Failure Of Punitive Damages In Employment Discrimination Cases: A Call For Change, Joseph A. Seiner
William & Mary Law Review
Punitive damages were described by one early court as "an unsightly and an unhealthy excrescence." Although views toward punitive relief have changed over the years, the debate over the availability of exemplary damages in the judicial system has remained controversial. No place is that controversy more aptly demonstrated than in employment discrimination law, where punitive damages first became available in an amendment to Title VII of the Civil Rights Act of 1964 after a bitter congressional debate. Almost a decade ago, in Kolstad v. American Dental Association, the Supreme Court provided guidance on how punitive damages should be applied in …
Addressing Segregation In The Brown Collar Workplace: Toward A Solution For The Inexorable 100%, Leticia M. Saucedo
Addressing Segregation In The Brown Collar Workplace: Toward A Solution For The Inexorable 100%, Leticia M. Saucedo
University of Michigan Journal of Law Reform
Despite public perception to the contrary, segregated workplaces exist in greater number today than ever before, largely because of the influx of newly arrived immigrant workers to low-wage industries throughout the country. Yet existing antidiscrimination frameworks no longer operate adequately to rid workplaces of the segregation that results from targeting immigrant workers. This Article suggests a new anti-discrimination framework to address workplace segregation. The Article reviews how litigants have attempted to rid the workplace of conditions resulting from segregated departments through existing anti-discrimination frameworks. It then suggests a simple, yet powerful, shift in the inferences that can be drawn from …
Class Conflicts Of Law I: Unilateral Worker Lawmaking Versus Unilateral Employer Lawmaking In The U.S. Workplace, James Gray Pope
Class Conflicts Of Law I: Unilateral Worker Lawmaking Versus Unilateral Employer Lawmaking In The U.S. Workplace, James Gray Pope
Buffalo Law Review
No abstract provided.
Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer
Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer
Buffalo Law Review
No abstract provided.
Short Notes On Teaching About The Micro-Politics Of Class, With Examples From Torts And Employment Law Casebooks, Susan Carle, Michelle Lapointe
Short Notes On Teaching About The Micro-Politics Of Class, With Examples From Torts And Employment Law Casebooks, Susan Carle, Michelle Lapointe
Buffalo Law Review
No abstract provided.
Labor And Employment Law, Anne Richardson Smith
Labor And Employment Law, Anne Richardson Smith
University of Richmond Law Review
No abstract provided.
Privatizing Labor Law: Neutrality/Card Check Agreements And The Role Of The Arbitrator, Laura J. Cooper
Privatizing Labor Law: Neutrality/Card Check Agreements And The Role Of The Arbitrator, Laura J. Cooper
Indiana Law Journal
William R. Stewart Lecture given at Indiana University School of Law-Bloomington on November 13, 2007.
Approaching Coal Mine Safety From A Comparative Law And Interdisciplinary Perspective, Anne Marie Lofaso
Approaching Coal Mine Safety From A Comparative Law And Interdisciplinary Perspective, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Dedication, Joyce E. Mcconnell
Let's Not Abandon What Works, Edward Chair
Let's Not Abandon What Works, Edward Chair
West Virginia Law Review
No abstract provided.
The Failed Promise Of Workplace Health Regulation, David C. Vladeck
The Failed Promise Of Workplace Health Regulation, David C. Vladeck
West Virginia Law Review
No abstract provided.
Mining Mining Data: Bringing Empirical Analysis To Bear On The Regulation Of Safety And Health In U.S. Mining, Alison D. Morantz
Mining Mining Data: Bringing Empirical Analysis To Bear On The Regulation Of Safety And Health In U.S. Mining, Alison D. Morantz
West Virginia Law Review
No abstract provided.
Free Markets, Individual Liberties And Safe Coal Mines: A Post-Sago Perspective, C. Gregory Ruffennach
Free Markets, Individual Liberties And Safe Coal Mines: A Post-Sago Perspective, C. Gregory Ruffennach
West Virginia Law Review
No abstract provided.
Using The Employee Free Choice Act As Duct Tape: How Both Active And Passive Deregulation Of Labor Law Make The Efca An Improper Mechanism For Remedying Working Class Americans' Problems, Meghan Brooke Phillips
Using The Employee Free Choice Act As Duct Tape: How Both Active And Passive Deregulation Of Labor Law Make The Efca An Improper Mechanism For Remedying Working Class Americans' Problems, Meghan Brooke Phillips
West Virginia Law Review
No abstract provided.
Integrating Technology To Improve Mine Safety In The Wake Of Recent Mine Disasters, Jeffery L. Kohler
Integrating Technology To Improve Mine Safety In The Wake Of Recent Mine Disasters, Jeffery L. Kohler
West Virginia Law Review
No abstract provided.
Workers At Risk: The Unfulfilled Promise Of The Occupational Safety And Health Act, Lynn Rhinehart
Workers At Risk: The Unfulfilled Promise Of The Occupational Safety And Health Act, Lynn Rhinehart
West Virginia Law Review
No abstract provided.
Weighing Influence: Employment Discrimination And The Theory Of Subordinate Bias Liability, Keaton Wong
Weighing Influence: Employment Discrimination And The Theory Of Subordinate Bias Liability, Keaton Wong
American University Law Review
No abstract provided.
Reading Too Much Into What The Court Doesn't Write: How Some Federal Courts Have Limited Title Vii's Participation Clause's Protections After Clark County School District V. Breeden, Lawrence D. Rosenthal
Reading Too Much Into What The Court Doesn't Write: How Some Federal Courts Have Limited Title Vii's Participation Clause's Protections After Clark County School District V. Breeden, Lawrence D. Rosenthal
Washington Law Review
In 2001, the Supreme Court issued its opinion in Clark County School District v. Breeden, in which it refused to determine what a plaintiff must prove to demonstrate that she engaged in “protected activity” under Title VII’s anti-retaliation provision’s opposition clause. Although the Court declined to answer this question, courts have interpreted Breeden as requiring an opposition-clause plaintiff to prove a good-faith, objectively reasonable belief of an unlawful employment practice. Although Breeden involved Title VII’s opposition clause, some courts are now applying Breeden to cases involving Title VII’s participation clause. This is baffling for two reasons. First, Breeden involved …
From Court-Surrogate To Regulatory Tool: Re-Framing The Empirical Study Of Employment Arbitration, W. Mark C. Weidemaier
From Court-Surrogate To Regulatory Tool: Re-Framing The Empirical Study Of Employment Arbitration, W. Mark C. Weidemaier
University of Michigan Journal of Law Reform
A growing body of empirical research explores the use of arbitration to resolve employment disputes, typically by comparing arbitration to litigation using relatively traditional outcome measures: who wins, how much, and how quickly. On the whole, this research suggests that employees fare reasonably well in arbitration. Yet there remain sizeable gaps in our knowledge. This Article explores these gaps with two goals in mind. The first and narrower goal is to explain why it remains exceedingly difficult to assess the relative fairness of arbitration and litigation. The outcome research does not account for a variety of 'filtering" mechanisms that influence …
Arbitration Costs And Forum Accessibility: Empirical Evidence, Christopher R. Drahozal
Arbitration Costs And Forum Accessibility: Empirical Evidence, Christopher R. Drahozal
University of Michigan Journal of Law Reform
In this Article, written for this symposium issue on "Empirical Studies of Mandatory Arbitration," I examine the available empirical evidence on these two questions. I take "mandatory arbitration" to refer to pre-dispute arbitration clauses in consumer and employment (and maybe franchise) contracts. Accordingly, I limit my consideration of the empirical evidence to those types of contracts. I do not discuss empirical studies of international arbitrations, which almost always arise out of agreements between commercial entities. Nor do I discuss empirical studies of court-annexed arbitrations, which may not derive from party agreement and do not ordinarily proceed to a binding award.
The Limits Of Offshoring-Why The United States Should Keep Enforcement Of Human Rights Standards "In-House", John Mckenzie
The Limits Of Offshoring-Why The United States Should Keep Enforcement Of Human Rights Standards "In-House", John Mckenzie
Indiana Law Journal
No abstract provided.
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Mercer Law Review
During the 2007 survey period, the United States Court of Appeals for the Eleventh Circuit continued its recent trend of issuing many opinions-most unpublished-regarding employment discrimination. The court rendered eight published decisions concerning Title VII of the Civil Rights Act of 1964 ("Title VLI") and fifteen published opinions generally concerning employment discrimination. Unpublished opinions in this area continued to flourish, however, with at least forty-nine unpublished decisions regarding Title VII and fifty-seven unpublished employment discrimination opinions overall. Clearly, the case that received the most press coverage during the survey period was the United States Supreme Court's decision in Ledbetter v. …
Labor And Employment, W. Christopher Arbery, Valerie N. Njiri, Valerie H. Barney
Labor And Employment, W. Christopher Arbery, Valerie N. Njiri, Valerie H. Barney
Mercer Law Review
The trial and appellate courts within the Eleventh Circuit handed down a number of important opinions affecting labor and employment law during the survey period from January 1, 2007 to December 31, 2007. These included significant decisions defining key terms under the Sarbanes-Oxley Act ("SOX") and there were notable decisions involving the Fair Labor Standards Act ("FLSA") and the Family and Medical Leave Act ("FMLA").
The Newest Way To Screen Job Applicants: A Social Networker's Nightmare, Carly Brandenburg
The Newest Way To Screen Job Applicants: A Social Networker's Nightmare, Carly Brandenburg
Federal Communications Law Journal
Social networking is an easy way to share information with friends, family, and the company that just offered you an interview. Employers are utilizing all of the tools available to them as they strive to hire the right people, and this means that social networkers may need to self censor in order to protect their information from falling into the wrong hands. This Note questions whether social networkers can legally expect or enjoy any right to privacy with respect to their online postings.
Whistling While You Work: Expanding Whistleblower Laws To Include Non-Workplace-Related Retaliation After Burlington Northern V. White, Robert Johnson
Whistling While You Work: Expanding Whistleblower Laws To Include Non-Workplace-Related Retaliation After Burlington Northern V. White, Robert Johnson
University of Richmond Law Review
This comment will not attempt to harmonize the different standards or predict a future course of interpretation. Instead, it will address the existing disparity as an opportunity to amend whistleblower laws to provide meaningful protection against alltypes of retaliation, not just those that affect the whistleblower's terms or conditions ofemployment. With this broad goal as a basis, this comment will specifically advocate amending all federal whistleblower statutes' retaliation provisions to conform to Title VII's retaliation provision. This would eliminate the requirement that the retaliation affect the terms or conditions of employment and incorporate the public policy rationale outlined in Burlington …
Rethinking "The Plan": Why Erisa Section 502(A)(2) Should Allow Recovery To Individual Defined Contribution Pension Plan Accounts, Regina L. Readling
Rethinking "The Plan": Why Erisa Section 502(A)(2) Should Allow Recovery To Individual Defined Contribution Pension Plan Accounts, Regina L. Readling
Buffalo Law Review
No abstract provided.
Working At The Boundaries Of Markets: Prison Labor And The Economic Dimension Of Employment Relationships, Noah D. Zatz
Working At The Boundaries Of Markets: Prison Labor And The Economic Dimension Of Employment Relationships, Noah D. Zatz
Vanderbilt Law Review
The "who" question is prominent in recent legal scholarship about work: Who is recognized as a worker, and who is left out? Roughly speaking, two distinct conversations pursue this question. One analyzes the centrality of market work and questions whether other activities-nonmarket work-should be incorporated into legal regimes of worker support and protection. This inquiry emerges from feminist scholarship, focuses on families and caregiving, and primarily considers reforms in who counts as a worker for the purposes of family, welfare, social insurance, and tax law. The boundaries of employment largely are taken for granted, and the problem is whether to …
Darned If You Due Process, Darned If You Don't! Understanding The Due Process Dilemma For Punitive Damages In Title Vii Class Actions, Paul Edgar Harold, Tracy L. Cole
Darned If You Due Process, Darned If You Don't! Understanding The Due Process Dilemma For Punitive Damages In Title Vii Class Actions, Paul Edgar Harold, Tracy L. Cole
University of Arkansas at Little Rock Law Review
When Congress expanded the remedies available to Title VII the plaintiffs in the Civil Rights Act of 1991 to include compensatory and punitive damages, it did not realize that it was creating a minefield for certifying would-be Title VII class actions. The Fifth Circuit thoroughly explored many of the new pitfalls and hazards in its landmark opinion in Allison v. Citgo Petroleum Corp. This article attempts to critically evaluate a recent post-Allison trend whereby Title VII plaintiffs seeking class certification have foregone their claims for compensatory damages while still seeking punitive damages. Plaintiffs, relying on the Supreme Court's recent cases …
The 1994-'95 Baseball Strike And National Labor Relations Board: To The Precipice And Back Again, William B. Gould Iv
The 1994-'95 Baseball Strike And National Labor Relations Board: To The Precipice And Back Again, William B. Gould Iv
West Virginia Law Review
No abstract provided.
Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral
Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral
University of Richmond Law Review
No abstract provided.