Law Commons^™

The Waivers Book: Advanced Issues In Immigration Law Practice, Irene Scharf

Irene Scharf

Immigration practitioners finally have one book they can turn to that addresses one of the most important issues in their practices: waivers and other advanced remedies. Assuming at least an introductory knowledge of the issues pertinent to practicing immigration law today, and covering a broad array of topics that arise in any sophisticated immigration practice, The Waivers Book: Advanced Issues in Immigration Law Practice will be useful reference tool, not only to those who are relatively new to this area of law, but also to those who already have considerable practice experience.

Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick

Barbara J. Fick

This article examines developments in labor and employment law occuring shortly before its publicaiton in 1992. The article discusses cases revisiting the Frampton rule, addressing employee defamation suits against employers, employment discrimination, issues arising in public sector employment, wage statutes, unemployment compensation, and workers' compensation. It also discusses a state statute prohibiting employment discrimination based on employees' off-duty use of tobacco.

Community Supported Agriculture And Community Labor: Constructing A New Model To Unite Volunteers And Employers, A. Bryan Endres, Rachel Armstrong

A. Bryan Endres

Community Supported Agriculture (CSA) is a farm philosophy and marketing strategy that creates a union between consumers and farmers. Extending beyond the traditional buyer-seller relationship, CSA farmers invite customers to participate in food production in a variety of scenarios the authors refer to as “community labor.” But community labor entails a serious paradox. Traditional employment law doctrine envisions autonomous competition between laborer and employer, and makes little room for these novel, community-based relationships. More importantly, rigid application of employment law structures undermines many of the values embedded in the CSA movement and may limit its continued viability and growth. Constructed …

Utilizing Credit Reports For Employment Purposes: Casting A Wider Net Into The Ocean Of Employment Practices Results In Unintended Yet Much Needed Outcomes, David D. Schein, James D. Phillips

David D. Schein

In our previous article, “Holding Credit Reporting Agencies Accountable: How the Financial Crisis May be Contributing to Improving Accuracy in Credit Reporting”[1] we reviewed the legal history of the Fair Credit Reporting Act (FCRA) and its amendments, and the Federal case law by circuit. We suggested that the ability of consumers to ensure the accuracy and security of their credit reports might lead to an expansion of the litigation surrounding accurate credit reporting. This article takes the discussion further by exploring the ever-expanding use of credit reports in the employment law arena. We review the state legislation limiting the use …

Landing Stable Employment: The Exploratory Study Of A Job Vs. Career, Valencia Tamir Johnson Dr.

Valencia T Johnson

Landing stable employment can be difficult and discouraging. Some employers want applicants that are searching for a “career”, and some employers are looking for applicants that want a “job”. Ask yourself, what is the difference between a job and a career? In simple terms, a job is short-term and a career is long-term. Applicants who seek a job would likely stay less than a year, as with a career, the candidate would likely stay more than a year or longer. This article provides a clear and concise overview of the exploratory study of landing a career or job.

Thinking Win-Win: Boosting Profitability Through Gender-Balanced Flex-Time, Gabriela Steier

Gabriela Steier

Setting working mothers free from the gridlock of inflexible “all-or-nothing” workplaces1 can unleash the tremendous potential of female leadership qualities and create win-win2 situations for both employers and employees. When human resources managers create such win-win situations, they can boost efficiency, productivity, profitability, and ultimately increase their company’s bottom line. The key to this strategy consists of attracting and maintaining female talent in the market by implementing mother-friendlier time management. This article analyses the business case for women in terms of gender-balanced leadership, and evaluates flex-time block-schedules as a corporate management strategy to achieve the goals of boosting the bottom …

Privacy As A Tool For Antidiscrimination, Jessica Roberts

Jessica L. Roberts

Traditionally, laws that protect privacy and laws that prohibit discrimination have been considered distinct kinds of legal protections. This Essay challenges that binary on both practical and theoretical grounds. Using the Genetic Information Nondiscrimination Act (GINA) as a case study, it argues that lawmakers can use privacy law to further antidiscrimination goals. GINA, which prohibits genetic-information discrimination in health insurance and employment, does more than simply outlaw discriminatory conduct. It also prohibits employers from requiring—or even requesting—their employees’ genetic information. While GINA’s privacy and antidiscrimination protections have previously been viewed as discrete, this Essay reads them in concert, arguing that …

How To Create American Manufacturing Jobs, John D. Gleissner Esquire

John D Gleissner Esquire

No abstract provided.

Penumbral Academic Freedom: Interpreting The Tenure Contract In A Time Of Constitutional Impotence, Richard J. Peltz-Steele

Richard J. Peltz-Steele

This article recounts the deficiencies of constitutional law and common tenure contract language - the latter based on the 1940 Statement of Principles of the American Association of University Professors - in protecting the academic freedom of faculty on the modern university campus. The article proposes an Interpretation of that common language, accompanied by Illustrations, aiming to describe the penumbras of academic freedom - faculty rights and responsibilities that surround and emanate from the three traditional pillars of teaching, research, and service - that are within the scope of the tenure contract but not explicitly described by it, and therefore …

State Of The Urban Youth, India 2012, Professor Vibhuti Patel

Professor Vibhuti Patel

State of the Urban Youth India 2012: Employment, Livelihoods, Skills Executive Summary Every third person in urban India is a youth. In less than a decade from now, India, with a median age of 29 years will be the youngest nation in the world. India’s demographic transformation is creating an opportunity for the demographic burden of the past to be converted to a dividend for the future. For this to happen the country needs to adopt a three-pronged policy that will address the issues of employment, livelihoods and the skill status of youth. The State of the Urban Youth India …

Socio-Economic Profile Of Muslims: A State Profile Of Maharashtra, Professor Vibhuti Patel

Professor Vibhuti Patel

Chapter 1: Pages 4-18 An Overview Prof. Vibhuti Patel, Head, Department of Economics SNDT Women’s University, Mumbai Chapter 2: Pages 19-69 Socio Economic Status of Muslims in Maharashtra Shri. Prakash Chandra Mishra, Research Scholar, Tata Institute of Social Sciences, Mumbai Ms. Amruta Bavadekar, Independent Researcher Dr. Ruby Ojha, Associate Professor, Department of Economics SNDT Women’s University, Mumbai Chapter 3: Pages 70-87 Case Study I: Gilber Hill, Andheri (W) Mumbai Smt. Lalitha Dhara, Vice Principal, Ambedkar College of Arts and Commerce, Wadala, Mumbai Chapter 4: Pages 88-100 Case Study 2: Parbhani, Maharashtra Shri. Sanjay Phad, Assistant Professor, Department of Economics SNDT …

Womenomics For Nursing Growth: Making The Case For Work Time Flexibility And Mother-Friendlier Workplaces, Gabriela Steier

Gabriela Steier

Gender bias at work often coerces breastfeeding working mothers to choose between their baby or their job. The forced choice between private and work life irreconcilably separates motherhood from a woman’s career, giving rise to the Mommy Wage Gap and the Maternal Wall. Consequently, the separation of work and family life has negative impacts on both the mother and her child. These negative impacts also bear on public health and the economy on a large scale. The more unaccommodating workplaces are, the stricter the separation between work and family life and the more permanent the choice a working mother has …

New York Law Of Domestic Violence, Deseriee Kennedy

Deseriee A. Kennedy

NEW YORK LAW OF DOMESTIC VIOLENCE, 3rd ed., is a comprehensive 2-volume, 7-chapter, hardbound treatise published by West (Thomson-Reuters). The treatise is the seminal authority on domestic violence in New York State covering New York State laws and relevant U.S. Supreme Court cases. The authors of the book are Professor Breger (Albany Law School, Albany, NY), Professor Kennedy (Touro School of Law, Central Islip, NY), Jill M. Zuccardy, Esq. (New York City), and now retired Judge Lee Hand Elkins (formerly Brooklyn Family Court). The treatise and its authors have been cited as authority repeatedly by trial and appellate courts, as …

Snopa And The Ppa_ Do You Know What It Means For You, Angela Goodrum

Angela Goodrum

No abstract provided.

U.S.Foreign Trade Zones, Tax-Free Trade Zones Of The World, And Their Impact On The U.S. Economy, Susan W. Tiefenbrun

Susan W Tiefenbrun

ABSTRACT

U.S. Foreign Trade Zones, Tax-Free Trade Zones of the World, and Their Impact on the United States Economy , by Susan Tiefenbrun

Free trade zones (FTZs) date back to the time of the Phoenicians; they developed in the l970s and proliferated from 1980 until today. FTZs are duty-free areas where goods may be warehoused, processed, sold, serviced, distributed, showcased, packaged, labeled, sorted, assembled, and/or manufactured as finished goods prior to re-exporting them as duty-exempt finished products. More than one 135 countries operate tax-free trade zones. There are more than 3,500 of these zones and subzones all over the world, …

Not Getting Hired Because You Are Obese, But Not Getting Fired Because You Are Obese: How The New Changes To The Ada Have Set A Double Standard, And What’S To Prevent Companies From Trimming The Fat At The Office, Joshua Forman

Joshua Benjamin Forman

This article examines how the recent amendments to the Americans with Disabilities Act fail to afford people who are classified as obese the protection against employment discrimination they deserve. Part I outlines the development of the history of protections afforded to individuals who are disabled. Part II concentrates on obesity as a medical condition and the way in which society perceives those who are obese. Part III focuses on whether or not obesity can be classified as a disability under the ADAAA. Part IV provides a pragmatic solution, which identifies safeguards for an obese person at each level of the …

Not Getting Hired Because You Are Obese, But Not Getting Fired Because You Are Obese: How The New Changes To The Ada Have Set A Double Standard, And What’S To Prevent Companies From Trimming The Fat At The Office, Joshua Benjamin Forman

Joshua Benjamin Forman

This article examines how the recent amendments to the Americans with Disabilities Act fail to afford people who are classified as obese the protection against employment discrimination they deserve. Part I outlines the development of the history of protections afforded to individuals who are disabled. Part II concentrates on obesity as a medical condition and the way in which society perceives those who are obese. Part III focuses on whether or not obesity can be classified as a disability under the ADAAA. Part IV provides a pragmatic solution, which identifies safeguards for an obese person at each level of the …

Not Getting Hired Because You Are Obese, But Not Getting Fired Because You Are Obese: How The New Changes To The Ada Have Set A Double Standard, And What’S To Prevent Companies From Trimming The Fat At The Office, Joshua Benjamin Forman

Joshua Benjamin Forman

This article examines how the recent amendments to the Americans with Disabilities Act fail to afford people who are classified as obese the protection against employment discrimination they deserve. Part I outlines the development of the history of protections afforded to individuals who are disabled. Part II concentrates on obesity as a medical condition and the way in which society perceives those who are obese. Part III focuses on whether or not obesity can be classified as a disability under the ADAAA. Part IV provides a pragmatic solution, which identifies safeguards for an obese person at each level of the …

Absenteeism And The Overtime Decision, Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] Upon reading the congressional hearing on the Overtime Pay Penalty Act of 1964, one cannot fail to be impressed by the emphasis that management places on absenteeism as a primary cause of overtime. The argument given is basically quite simple: Large firms, it is claimed, attempt to account for absenteeism by hiring standby workers; however because of the stochastic nature of the absentee rate, it is impossible for them to have replacements always available. Hence overtime must be worked by existing employees in order to meet production schedules. One concludes from this argument that the randomness of absenteeism is …

2009 Ethical Considerations In Land Use, Patricia E. Salkin

Patricia E. Salkin

This article is one in a series of annual updates on reported cases and opinions in the area of ethics and land use regulation, A number of themes emerged from the round of litigation in the last year. The most surprising discovery was for a second year in a row, the number of reported cases involving allegations of unethical conduct on the part of land use attorneys. This article reviews these cases, as well as cases involving conflicts based on community involvement, familial relationships, employment and financial interests; and cases involving allegations of bias and prejudgment.

Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin

Patricia E. Salkin

This article reviews reported cases and opinions documenting allegations of unethical conduct involved in land use planning and zoning decision making in 2006.

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

Flexibility And Fairness In Liberal Market Economies: The Comparative Impact Of The Legal Environment And High Performance Work Systems, Alexander Colvin

Alexander Colvin

This paper compares management flexibility in employment decision-making in the United States and Canada through a cross-national survey of organizations in representative jurisdictions in each country, Pennsylvania and Ontario respectively, that investigates the impact of differences in their legal environments. The results indicate that, compared to their Ontario counterparts, organizations in Pennsylvania have a higher degree of flexibility in employment outcomes, such as higher dismissal and discipline rates, yet do not experience any greater flexibility or simplicity in management hiring and firing decisions. One explanation for this result may lie in the finding that organizations in Pennsylvania experience greater legal …

National Roundtable On Consumer And Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report, Thomas J. Stipanowich, Nancy Walsh, Lisa Blomgren Bingham, Lawrence R. Mills

Thomas J. Stipanowich

This report is a summary of the discussions at the Consumer Arbitration Roundtable held at Pepperdine University on February 2-4, 3012 and co-sponsored by Pepperdine School of Law, The Straus Institute for Dispute Resolution, and Penn State University, Dickinson School of Law. It was prepared by members of the Planning Committee.

Flexible Work Schedule, Child Care And Female Employment In Developing Countries: Evidence Using Firm-Level Data, Mohammad Amin

Mohammad Amin

Using newly available data on whether a country gives additional legal rights or not for flexible or part-time work schedule to employees with minor children, we analyze the impact of such provision in the law on female employment. For a representative sample of manufacturing firms in 57 developing countries, we find that the stated provision in the law has a large positive effect on the employment of females. Specifically, on the conservative side, the provision in the law increases the proportion of females in the workforce by 7.7 percentage points, a large effect given that on average females constitute 32 …

The Great Recession, The Resulting Budget Shortfalls, And The Attack On Public Sector Collective Bargaining In The United States, Kenneth G. Dau-Schmidt, Winston Lin

Kenneth G. Dau-Schmidt

In this paper, we outline the recent attack on public sector unions’ power in the American economy and the accompanying changes, as well as proposed changes, in American law. We will briefly describe the impact of the recent financial crisis on the American economy, the balance sheets of American state and national governments, and the opportunism of the American plutocracy in using this crisis to propose and enact legislation to undermine the institution of collective bargaining and political proponents for the middle and lower classes. In particular, we will discuss the recent efforts in Indiana, Wisconsin, Ohio, and Michigan to …

A Way Forward: Transparency At American Law Schools, Kyle P. Mcentee, Patrick J. Lynch

Kyle P McEntee

Law school has long been thought of as an investment in human capital inherently worth consuming. This is a dated view. Today, entering the legal profession through law school requires an increasingly significant financial investment. Yet very little information about the value of a legal education is available for prospective law students. In fact, much of the information tends to mislead rather than inform aspiring lawyers.

This Article surveys the available information with respect to one important segment of the value analysis: post-graduation employment outcomes. It then proposes a new standard for the presentation of post-graduation outcomes, "The LST Proposal." …

Making Non-Competes Unenforceable, Viva R. Moffat

Viva R. Moffat

The law of employee non-competition agreements is a mess. Differing standards, unpredictability, and uncertainty within and between jurisdictions is the norm. The variability in state law provides a significant incentive on both sides to forum shop when a dispute over a non-compete arises. This forum shopping leads to conflicts of law, and choice of law doctrine does not resolve these disputes in a satisfactory way. Because non-compete law is often a matter of fundamental public policy, the use of escape valves from the operation of conflicts principles means that there is no predictability or certainty in non-compete litigation. The search …

‘Sewing The Fly Buttons On The Statute:’ Employee Inventions And The Employment Context, Justine Pila

Justine Pila

Section 39(1) of the Patents Act 1977 governs the ownership of inventions devised by employees in the course of their employment. Introduced ‘to codify in a few lines the accumulated common law experience’ prior to 1977, it does not expressly differentiate between employment fields, and has been widely assumed to apply indiscriminately, without regard to the particular context of employment. The purpose of this article is to revisit that assumption. In the argument made, section 39(1) was built around a private sector paradigm the courts’ departure from which is supported by a ‘rational reason’ in the Shanks v Unilever plc …

Eradicating The Mothering Effect: Women As Workers And Mothers, Successfully And Simultaneously, Rona Kaufman Kitchen

Rona Kaufman Kitchen

In the United States, the need for federal legislation to address work-family conflict has never been more pressing. Mothers are the primary caretakers of their children even while they participate in the paid market in record numbers. However, because the workplace is designed to accommodate the needs of the traditional male, mothers often face distinct challenges when combining their paid market and care work. For example, middle-class families are working longer hours than ever before, over 70 percent of mothers participate in the paid labor market, and mothers earn 30 percent less than their male counterparts. Meanwhile, two-thirds of mothers …