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Full-Text Articles in Law

Information Technology And Learning On-The-Job, James Bessen Nov 2016

Information Technology And Learning On-The-Job, James Bessen

Faculty Scholarship

Economists disagree how much technology raises demand for workers with pre-existing skills. But technology might affect wages another way: through skills learned on the job. Using instrumental variables on 9 panels of workers from 1989 to 2013, this paper estimates that workers who use information technology (IT) have wage growth that is about 2% greater than non-IT workers, all else equal, implying substantial learning. This effect persists over time, implying sustained productivity growth from IT. Also, it benefits workers both with and without college degrees. Because many more college-educated workers use IT, college wages grow faster, contributing to economic inequality.


Friedrichs And The Move Toward Private Ordering Of Public Employee Wages And Benefits, Maria Hylton Oct 2016

Friedrichs And The Move Toward Private Ordering Of Public Employee Wages And Benefits, Maria Hylton

Faculty Scholarship

In its recent Harris v. Quinn opinion the U.S. Supreme Court (in particular Justice Alito) seemed to welcome a future opportunity to reconsider the 1977 landmark Abood decision in which public sector closed shop employees were not required to join a union but could be subject to fees that cover the costs of “collective bargaining, contract administration, and grievance adjustment purposes.” Supporters of the Abood approach argue that it is a reasonable compromise that prevents non-members from free riding on the union’s efforts (i.e. enjoying the wages and benefits negotiated by the union without sharing the costs ...


How Computer Automation Affects Occupations: Technology, Jobs, And Skills, James Bessen Oct 2016

How Computer Automation Affects Occupations: Technology, Jobs, And Skills, James Bessen

Faculty Scholarship

This paper investigates basic relationships between technology and occupations. Building a general occupational model, I look at detailed occupations since 1980 to explore whether computers are related to job losses or other sources of wage inequality. Occupations that use computers grow faster, not slower. This is true even for highly routine and mid-wage occupations. Estimates reject computers as a source of significant net technological unemployment or job polarization. But computerized occupations substitute for other occupations, shifting employment and requiring new skills. Because new skills are costly to learn, computer use is associated with substantially greater within-occupation wage inequality.


Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri Jun 2016

Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri

Faculty Scholarship

No abstract provided.


Just Jobs, Anita Bernstein Apr 2016

Just Jobs, Anita Bernstein

Faculty Scholarship

No abstract provided.


The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg Jan 2016

The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg

Faculty Scholarship

On the fiftieth anniversary of Title VII of the Civil Rights Act, many employers continue to search for ways to implement the law’s antidiscrimination and equal opportunity mandates into the workplace. The current litigation-based approach to employment discrimination under Title VII and similar laws focuses on weeding out “bad apples” who are explicitly prejudiced. This “victim-villain” paradigm may fail to correct the complex, nuanced causes of workplace discrimination, or exacerbate the problem. This article explores an alternative approach—restorative practices—that may integrate the policy goals of antidiscrimination laws into the practical realities of managing an organization. Restorative practices ...


Expanding The Core: Pregnancy Discrimination Law As It Approaches Full Term, Joanna L. Grossman Jan 2016

Expanding The Core: Pregnancy Discrimination Law As It Approaches Full Term, Joanna L. Grossman

Faculty Scholarship

The advocates behind the Pregnancy Discrimination Act (PDA) of 1978 had one very specific mission: to override the Supreme Court’s 1976 decision in General Electric v. Gilbert, in which it had curiously held that pregnancy discrimination had nothing to do with gender and was thus not a form of actionable sex discrimination under Title VII of the Civil Rights Act of 1964. The Court was not acting on a blank slate; it had used the same reasoning two years earlier to hold, in Geduldig v. Aiello, that pregnancy discrimination was not sex discrimination for equal protection purposes and therefore ...


Inequality, Discrimination And Sexual Violence In Us Collegiate Sports, Erin E. Buzuvis, Kristine Newhall Jan 2016

Inequality, Discrimination And Sexual Violence In Us Collegiate Sports, Erin E. Buzuvis, Kristine Newhall

Faculty Scholarship

While college athletics attract thousands of participants and millions of fans each year, examination of United States college athletics reveals a pattern of inequality, discrimination and abuse, which operates to foreclose women's access and suppress women's interest in athletic participation and leadership. This Chapter examines three gender related issues of integrity in college athletics: gender discrimination in athletic participation and opportunity; barriers to leadership for women coaches and administrators; and the relationship between athletics and sexual violence at college and universities. The Chapter also identifies a number of remedies that can mitigate these problems involving the Department of ...


The Market Myth And Pay Disparity In Legal Academia, Paula A. Monopoli Jan 2016

The Market Myth And Pay Disparity In Legal Academia, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


Temp Organizing Gets Big Boost From Nlrb, Harris Freeman, George Gonos Jan 2016

Temp Organizing Gets Big Boost From Nlrb, Harris Freeman, George Gonos

Faculty Scholarship

Workers employed by temporary staffing agencies may find it easier to organize and bargain as the result of the National Labor Relations Board decision in the Browning-Ferris Industries (BFI) case. This Article describes how the decision revamped the Board’s test for what is considered a “joint employer,” imposing new legal obligations on employers who hire through temp agencies and potentially also on giant corporate franchisors. Unions may now get access to these agreements at several points in the process of organizing: 1) in the context of proving joint employment, when the Board is determining the appropriate bargaining unit; 2 ...


Religious Employers And Labor Law: Bargaining In Good Faith, Charlotte Garden Jan 2016

Religious Employers And Labor Law: Bargaining In Good Faith, Charlotte Garden

Faculty Scholarship

This Article explores an important question that follows in the wake of last Term’s decision in Hobby Lobby v. Burwell: When employee rights under the National Labor Relations Act (NLRA) and employer religious commitments conflict, which will have priority? This is a surprisingly difficult question to which multiple statutory regimes arguably apply. First, there is the NLRA itself. The NLRA does not exempt religious employers on its face, but the Supreme Court nonetheless construed it to exclude certain religious employers in NLRB v. Catholic Bishop. Catholic Bishop is remarkable: as an exercise of constitutional avoidance the Court adopted an ...


Regulating Employment-Based Anything, Brendan S. Maher Jan 2016

Regulating Employment-Based Anything, Brendan S. Maher

Faculty Scholarship

Benefit regulation has been called “the most consequential subject to which no one pays enough attention.” It exhausts judges, intimidates legislators, and scares off theorists. That need not be so. Reality is less complicated than advertised.

Governments often consider intervention if markets fail to make some socially desirable Good X — such as education, health care, home mortgages, or pensions, for example — sufficiently available. One obvious fix is for the government to provide the good itself. A less obvious intervention is for the government to regulate employment-based (EB) arrangements that provide Good X as a benefit to employees and their families ...


Pension De-Risking, Paul M. Secunda, Brendan S. Maher Jan 2016

Pension De-Risking, Paul M. Secunda, Brendan S. Maher

Faculty Scholarship

The United States is facing a retirement crisis, in significant part because defined benefit pension plans have been replaced by defined contribution retirement plans that, whatever their theoretical merit, have left significant numbers of workers unprepared for retirement. A troubling example of the continuing movement away from defined benefit plans is a new phenomenon euphemistically called “pension de-risking.”

Recent years have been marked by high-profile companies engaging in various actions designed to reduce the company’s exposure to pension funding risk (hence the term “pension de-risking”). Some de-risking strategies convert a federally-guaranteed pension into a more risky private annuity. Other ...