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Articles 1 - 30 of 56
Full-Text Articles in Law
Telecommuting And Workers' Compensation In Wisconsin: Adopting Standards For The Work-From-Home Revolution, Elliott J. Manuel
Telecommuting And Workers' Compensation In Wisconsin: Adopting Standards For The Work-From-Home Revolution, Elliott J. Manuel
Marquette Law Review
The modern trend of telecommuting has gained popularity in recent years, with many employees working from home in lieu of reporting to brick-and-mortar offices. Yet the law has failed to keep up with this trend, particularly in the context of workers’ compensation. And with the rise in telecommuting, a rise in workers’ compensation claims for injuries sustained in the home is likely to follow. While the common law provides a framework for resolving telecommuter claims in Wisconsin, this framework invites inconsistent application and fails to abide by the purpose of Wisconsin’s Workers’ Compensation Act. In anticipation of the inevitable rise …
Taking The Rule Of Law Seriously, Michele Cotton
Taking The Rule Of Law Seriously, Michele Cotton
University of Massachusetts Law Review
American legal scholars and jurists have given the rule of law their sustained attention, and the international community has treated it as an important measure of societal well-being. But still the rule of law is not taken seriously. For one thing, little effort has been made to craft a definition of the rule of law that is actually useful. And even when legal scholarship does try at empiricism that could illuminate the vitality of our rule of law, it generally starts from the wrong hypotheses and uses the wrong methods. It focuses on how to achieve “access to justice” and …
New Labor Viscerality? Work Stoppages In The "New Work" Non-Union Economy, Michael C. Duff
New Labor Viscerality? Work Stoppages In The "New Work" Non-Union Economy, Michael C. Duff
Saint Louis University Law Journal
COVID-19 work stoppages involving employees refusing to work because they are fearful of contracting coronavirus provide a recent dramatic opportunity for newer workplace law observers to grasp a well-established legal rule: both unionized and non-union employees possess rights to engage in work stoppages under the National Labor Relations Act (“NLRA”). This article explains that employees engaging in concerted work stoppages, in good faith reaction to health and safety dangers, are prima facie protected from discharge. The article carefully distinguishes between NLRA § 7 and § 502 work stoppages. Crucially, and contrary to § 502 work stoppages, the health and safety-related …
Criminalizing Work And Non-Work: The Disciplining Of Immigrant And African American Workers, Shirley Lung
Criminalizing Work And Non-Work: The Disciplining Of Immigrant And African American Workers, Shirley Lung
University of Massachusetts Law Review
The realities of low-wage work in the United States challenge our basic notions of freedom and equality. Many low-wage workers share the condition of being stuck in jobs toiling excessive hours against their will for less than poverty wages in autocratic workplaces. Yet the racial politics of immigration and labor are often used to stir hostility between low-income United States citizens—especially African Americans—and undocumented immigrants. Perceived competition for jobs and racist stereotypes are exploited by opportunistic politicians and employers as well to produce frictions between workers who face similar conditions. Still, there is a strong basis for undocumented and African …
Employment Law—Mandatory-Workplace Donning And Doffing—All In A Day's Work: A Review Of Gerber Products Company V. Hewitt, 2016 Ark. 222, 492 S.W.3d 856., Liz Harris
University of Arkansas at Little Rock Law Review
No abstract provided.
Prostitution And Public Policy. The Nordic Model Versus The Pimping Of Prostitution, Christopher A. Bagley
Prostitution And Public Policy. The Nordic Model Versus The Pimping Of Prostitution, Christopher A. Bagley
Dignity: A Journal of Analysis of Exploitation and Violence
In this review of recent books on public policy and prostitution, Julie Bindel’s The Pimping of Prostitution is sympathetically reviewed. Her thesis, that the libertarian movement seeking to remove prostitution from legal and public policy spheres has done grave harm to the lives of boys, girls and women, is elaborated by quotations from her chapters. This book is an important resource for those who campaign for the rights of women and children to be free of commercial sexual exploitation. The reviewer offers a critical realist perspective on Bindel’s work, in advocating that future scholars should use her extensive research for …
Babies Aren't U.S., Zachary J. Devlin
Babies Aren't U.S., Zachary J. Devlin
University of Massachusetts Law Review
Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …
Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth
Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth
University of Richmond Law Review
No abstract provided.
Billy Joel And The Practice Of Law: Melodies To Which A Lawyer Might Work, Randy Lee
Billy Joel And The Practice Of Law: Melodies To Which A Lawyer Might Work, Randy Lee
Touro Law Review
No abstract provided.
Ballin In The Boardroom: Changing The Social Context Of Sexual Harassment, Todd J. Clark
Ballin In The Boardroom: Changing The Social Context Of Sexual Harassment, Todd J. Clark
Journal of Civil Rights and Economic Development
No abstract provided.
There's No Place Like Work: How Modern Technology Is Changing The Judiciary's Approach To Work-At-Home Arrangements As An Ada Accommodation, Benjamin D. Johnson
There's No Place Like Work: How Modern Technology Is Changing The Judiciary's Approach To Work-At-Home Arrangements As An Ada Accommodation, Benjamin D. Johnson
University of Richmond Law Review
No abstract provided.
Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert
Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
University of Massachusetts Law Review
This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights. There is one primary legal code that impacts attorneys’ rights to their work-product: the copyright law. As a broad statement, copyright law protects how an author expresses ideas. It is the system that is used to prevent others from copying a book, a movie, a musical composition, or even …
Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek
Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek
Touro Law Review
No abstract provided.
Webmail At Work: The Case For Protection Against Employer Monitoring, Marc A. Sherman
Webmail At Work: The Case For Protection Against Employer Monitoring, Marc A. Sherman
Touro Law Review
No abstract provided.
A Holistic Approach To Teaching Work Law, Marion Crain, Pauline T. Kim
A Holistic Approach To Teaching Work Law, Marion Crain, Pauline T. Kim
Saint Louis University Law Journal
No abstract provided.
Keep Your “Friends” Close And Your Enemies Closer: Walking The Ethical Tightrope In The Use Of Social Media., John G. Browning
Keep Your “Friends” Close And Your Enemies Closer: Walking The Ethical Tightrope In The Use Of Social Media., John G. Browning
St. Mary's Journal on Legal Malpractice & Ethics
This Article will examine the ethical issues posed by lawyers’ use of social media platforms in light of the ABA Ethics Commission 20/20 changes to the Model Rules of Professional Conduct. Social networking has had a transformative effect both on the way society shares information and on the legal profession. Much of the discussion to date focuses on the discovery and use of evidence from social media sites in criminal cases and civil litigation, but attention must also be directed to the ethical quandaries posed by the legal profession’s use of social media. This Article will consider issues such as …
Gambling Windfall Decisions: Lottery Winners And Employment Behavior, Bengt Furaker, Anna Hedenus
Gambling Windfall Decisions: Lottery Winners And Employment Behavior, Bengt Furaker, Anna Hedenus
UNLV Gaming Research & Review Journal
Based on a 2005 survey among Swedish lottery winners, the article throws new light on what those receiving a sudden windfall do with their existing jobs. Many may continue to work as before the winning, but others may alter their work situation in one way or another. We focus on three possible changes: (i) quitting the job; (ii) going on unpaid full-time leave; and (iii) shortening one's working hours. In our study less than 12% quit working, approximately 24% took unpaid full-time leave, 16% reduced their working hours, but 62% did not make any of these changes. In other words, …
Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy
Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy
Pepperdine Law Review
No abstract provided.
The Student-Friendly Model: Creating Cost-Effective Externship Programs, James H. Bachman, Jana B. Eliason
The Student-Friendly Model: Creating Cost-Effective Externship Programs, James H. Bachman, Jana B. Eliason
Touro Law Review
No abstract provided.
Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier
Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier
Pepperdine Law Review
No abstract provided.
Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace
Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace
University of Richmond Law Review
No abstract provided.
Elder Investments: A Critique Of Professional And Consumer Mediocrity, Errold F. Moody Jr.
Elder Investments: A Critique Of Professional And Consumer Mediocrity, Errold F. Moody Jr.
Marquette Elder's Advisor
This article deals with the investing problems faced by many elderly today. Moody asserts that investor problems are primarily caused by a lack of knowledge in all levels of American financing, investing, and retirement planning. The article examines recent systemic failures that demonstrate how lack of knowledge continues to promote system failure, despite its grievous impact on the elderly who rely on their investments for income when they can no longer work.
You'll Never Work (Or Play) Here Again: A Lingering Question In Title Ix Retaliation Claims Brought By Coaches And Athletes After Jackson V. Birmingham Board Of Education, Brian L. Porto
Marquette Sports Law Review
None
Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri
Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri
University of Richmond Law Review
No abstract provided.
Negotiating The "Labor Of Love": How Resources, Time, And Gender Shape Parenting Agreements, Marlena Studer
Negotiating The "Labor Of Love": How Resources, Time, And Gender Shape Parenting Agreements, Marlena Studer
Pepperdine Law Review
No abstract provided.
Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams
Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams
Pepperdine Law Review
No abstract provided.
Work-Family Legislation In The United States, Canada, And Western Europe: A Quantitative Comparison, Richard N. Block
Work-Family Legislation In The United States, Canada, And Western Europe: A Quantitative Comparison, Richard N. Block
Pepperdine Law Review
No abstract provided.
Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux
Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux
University of Richmond Law Review
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.