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Journal

Labor and Employment Law

2011

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Articles 91 - 116 of 116

Full-Text Articles in Law

Private Ordering Of Employee Privacy: Protecting Employees' Expectations Of Privacy With Implied-In-Fact Contracts, Lindsay Noyce Jan 2011

Private Ordering Of Employee Privacy: Protecting Employees' Expectations Of Privacy With Implied-In-Fact Contracts, Lindsay Noyce

Labor & Employment Law Forum

No abstract provided.


Introduction To International Mediation And Arbitration: Resolving Labor Disputes In The United States & The European Union, May Olivia Silverstein Jan 2011

Introduction To International Mediation And Arbitration: Resolving Labor Disputes In The United States & The European Union, May Olivia Silverstein

Labor & Employment Law Forum

No abstract provided.


Labor Contract Formation, Tenuous Torts, And The Realpolitik Of Justice Sotomayor On The 50th Anniversary Of The Steelworkers Trilogy: Granite Rock V. Teamsters, David L. Gregory, Rowan Foley Reynolds, Nadav Zamir Jan 2011

Labor Contract Formation, Tenuous Torts, And The Realpolitik Of Justice Sotomayor On The 50th Anniversary Of The Steelworkers Trilogy: Granite Rock V. Teamsters, David L. Gregory, Rowan Foley Reynolds, Nadav Zamir

Labor & Employment Law Forum

No abstract provided.


Volume 1, Number 1 Jan 2011

Volume 1, Number 1

Labor & Employment Law Forum

No abstract provided.


Dedications To The Memory Of Eric J. Schmertz, Distinguished Professor Of Law And Dean Emeritus, Hofstra University School Of Law (1982-1989) - In Rememberence Of Eric J. Schmertz, Stuart Rabinowitz, Nora V. Demleitner, Malachy T. Mahon, Eric Lane, Alan N. Resnick, John Dewitt Gregory, David B. Feldman, Jeffrey P. Englander, Joanne F. Goldstein Jan 2011

Dedications To The Memory Of Eric J. Schmertz, Distinguished Professor Of Law And Dean Emeritus, Hofstra University School Of Law (1982-1989) - In Rememberence Of Eric J. Schmertz, Stuart Rabinowitz, Nora V. Demleitner, Malachy T. Mahon, Eric Lane, Alan N. Resnick, John Dewitt Gregory, David B. Feldman, Jeffrey P. Englander, Joanne F. Goldstein

Hofstra Labor & Employment Law Journal

No abstract provided.


Putting A Plug In America's Brian Drain: A Proposal To Increase The U.S. Retention Of Foreign Students Post-Graduation, Christine Chester, Amanda Cully Jan 2011

Putting A Plug In America's Brian Drain: A Proposal To Increase The U.S. Retention Of Foreign Students Post-Graduation, Christine Chester, Amanda Cully

Hofstra Labor & Employment Law Journal

No abstract provided.


Merit Pay And Pain: Linking Congressional Pay To Performance, Jonathan D. Mcpike Jan 2011

Merit Pay And Pain: Linking Congressional Pay To Performance, Jonathan D. Mcpike

Indiana Law Journal

No abstract provided.


The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman Jan 2011

The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman

Indiana Journal of Global Legal Studies

The case of Flomo v. Firestone Natural Rubber Company involves child laborers' claims that labor practices on a Liberian rubber plantation violate international norms. Though the case was recently resolved in favor of the defendants at the district court level, the case's complicated procedural and substantive history offers insight into the viability of future child labor claims. This Note examines the Flomo case and explores how standards from the ATS and the United States Supreme Court case Sosa v. Alvarez-Machain apply to future plaintiffs' claims. This Note also analyzes the potential repercussions that plaintiffs face in using the ATS as …


The "Current Monthly Income" Debate: Unemployment Compensation As A "Benefit Received Under The Social Security Act"?, 44 J. Marshall L. Rev. 801 (2011), Brent Wilson Jan 2011

The "Current Monthly Income" Debate: Unemployment Compensation As A "Benefit Received Under The Social Security Act"?, 44 J. Marshall L. Rev. 801 (2011), Brent Wilson

UIC Law Review

No abstract provided.


Masthead, Editors Jan 2011

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth Casebeer Jan 2011

O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth Casebeer

Hofstra Labor & Employment Law Journal

This article argues that Neo-liberal policies of both action and inaction support the most virulent form of globalized Finance Capitalism. It outlines how such promotion is structured to reinforce fifteen patterns of economic consequences that reduce the standard of living of the great majority of American families, especially those headed by and including workers. These consequential patterns do not usually result from a single government action, but rather from reinforcements of specific decisions with one another. As a result political and economic elites from the United States become indifferent or worse to working family welfare, constituting an abandonment of Americans …


Waging War On "Unemployables"? Race, Low-Wage Work, And Minimum Wages: The New Evidence, Harry G. Hutchison Jan 2011

Waging War On "Unemployables"? Race, Low-Wage Work, And Minimum Wages: The New Evidence, Harry G. Hutchison

Hofstra Labor & Employment Law Journal

Capturing both popular and academic imaginations, recent literature contributions contest the standard treatment of minimum wage statutes as vehicles that enlarge the economic and social dislocation of vulnerable workers. A persistent strain of the current scholarship dedicated to progressive labor ideology implies that minimum wages or, alternatively, living wage statutes are necessary to preclude the degradation of low-wage workers. The publication of Simon Deakin and Frank Wilkinson’s recent article, Minimum Wage Legislation, constitutes yet another effort to destabilize the neoclassical consensus that emphasizes the adverse employment effects of wage regulation. Prescinding from orthodox economic analysis, Deakin and Wilkinson insist that …


Social Media, Trade Secrets, Duties Of Loyalty, Restrictive Covenants And Yes, The Sky Is Falling, Marisa Warren, Arnie Pedowitz Jan 2011

Social Media, Trade Secrets, Duties Of Loyalty, Restrictive Covenants And Yes, The Sky Is Falling, Marisa Warren, Arnie Pedowitz

Hofstra Labor & Employment Law Journal

No abstract provided.


The Time Has Come For A Sustainable Theory Of Fiduciary Duty In Investment, Jay Youngdahl Jan 2011

The Time Has Come For A Sustainable Theory Of Fiduciary Duty In Investment, Jay Youngdahl

Hofstra Labor & Employment Law Journal

No abstract provided.


In Defense Of Public-Sector Unions, Anne Marie Lofaso Jan 2011

In Defense Of Public-Sector Unions, Anne Marie Lofaso

Hofstra Labor & Employment Law Journal

The United States is currently in a heated debate over the extent to which public-sector workers should be permitted to band together for mutual aid or protection, to form, join or assist unions, and to bargain collectively. This debate was sparked when, shortly after the 2010 midterm elections, politicians in states with large public deficits blamed public-sector unions for budget shortfalls. Public unions are not, however, the cause of the states’ ills. After all, public unions are not the source of wages and benefits — governments are. Furthermore, the evidence shows that, in general, public-sector-union pay is lower than the …


Weaning Ohio Employers Off Of Lactation Discrimination: The Need For A Clear Interpretation Of Ohio's Pregnancy Discrimination Act Following Allen V. Totes/Isotoner Corp. Note, Shannon Byrne Jan 2011

Weaning Ohio Employers Off Of Lactation Discrimination: The Need For A Clear Interpretation Of Ohio's Pregnancy Discrimination Act Following Allen V. Totes/Isotoner Corp. Note, Shannon Byrne

Cleveland State Law Review

Part II of this Note will explain the relevant statutory and case law background behind pregnancy and lactation discrimination at both the federal and state levels. Part III.A will explain why the Supreme Court of Ohio's decision [in Allen v. Totes/Isotoner Corp, 123 Ohio St. 3d 21, 2009 Ohio 4231, 915 N.E.2d 622 (2009)] to affirm the appellate court's grant of summary judgment was improper. Part III.B will explain why the Supreme Court of Ohio's analysis of the accommodation issue is incorrect. Part IV.A will describe how this improper decision could open the door to facially discriminatory workplace policies that …


What Is In Gina's Genes? The Curious Case Of The Mutant-Hybrid Employment Law, William Corbett Jan 2011

What Is In Gina's Genes? The Curious Case Of The Mutant-Hybrid Employment Law, William Corbett

Oklahoma Law Review

No abstract provided.


The More Things Change: Reflections On The Stasis Of Labor Law In The United States, William R. Corbett Jan 2011

The More Things Change: Reflections On The Stasis Of Labor Law In The United States, William R. Corbett

Villanova Law Review

No abstract provided.


Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders Jan 2011

Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders

West Virginia Law Review

Multiemployer collective bargaining relationships between un- ions and employer associations easily devolve into legalized cartels. Once unions establish themselves as the bargaining representative for employers' employees, the employers have much to gain from banding together as an association, raising their prices and eliminating non-union competition, with unions happily serving as enforcement agents in the scheme. In return, unions receive a share of the increased oligopolistic profits in the form of higher wages and benefits. A threat to such a cartel is an employer who wants to bargain with the union but does not want to accept the terms the associ- …


Unpaid Internships & The Department Of Labor: The Impact Of Underenforcement Of The Fair Labor Standards Act On Equal Opportunity, Andrew Mark Bennett Jan 2011

Unpaid Internships & The Department Of Labor: The Impact Of Underenforcement Of The Fair Labor Standards Act On Equal Opportunity, Andrew Mark Bennett

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


A Delayed Penalty: The Implications Of The Ilya Kovalchuk Arbitration Decision On The National Hockey League, 45 J. Marshall L. Rev. 145 (2011), Morgan Marcus Jan 2011

A Delayed Penalty: The Implications Of The Ilya Kovalchuk Arbitration Decision On The National Hockey League, 45 J. Marshall L. Rev. 145 (2011), Morgan Marcus

UIC Law Review

No abstract provided.


Employee Or Entrepreneur?, Jeffrey M. Hirsch Jan 2011

Employee Or Entrepreneur?, Jeffrey M. Hirsch

Washington and Lee Law Review

No abstract provided.


Independent Contractors, Employees, Andentrepreneurialism Under The Nationallabor Relations Act: A Worker-By-Worker Approach, Micah Prieb Stoltzfus Jost Jan 2011

Independent Contractors, Employees, Andentrepreneurialism Under The Nationallabor Relations Act: A Worker-By-Worker Approach, Micah Prieb Stoltzfus Jost

Washington and Lee Law Review

No abstract provided.


Keeping Hope Alive, David K. Millon Jan 2011

Keeping Hope Alive, David K. Millon

Washington and Lee Law Review

No abstract provided.


The Iqbal Effect: The Impact Of New Pleading Standards In Employment And Housing Discrimination Litigation, Raymond H. Brescia Jan 2011

The Iqbal Effect: The Impact Of New Pleading Standards In Employment And Housing Discrimination Litigation, Raymond H. Brescia

Kentucky Law Journal

No abstract provided.


Workplace Privacy And Monitoring: The Quest For Balanced Interests , Ariana R. Levinson Jan 2011

Workplace Privacy And Monitoring: The Quest For Balanced Interests , Ariana R. Levinson

Cleveland State Law Review

We can see in 2001 that 77 percent of employers were engaged in monitoring. This may have increased slightly or decreased slightly, but whatever has happened, we know that this is a significant amount of employers--much greater than a majority--that are engaging in monitoring of their employees. We can also see the great rise in monitoring of computers and electronic files in a ten-year period between 1997 and 2007. Finally, we can see some of the newer technologies. In 2007, twelve percent of the reporting employers were monitoring the blogosphere, eight percent were monitoring GPS vehicle tracking, and ten percent …