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Articles 1 - 30 of 45
Full-Text Articles in Law
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz
Faculty Scholarship
The issues in this appeal are whether Bill 8, An Act to Repeal Job Quotas and Restore Merit-Based Employment Practices in Ontario ("Bill 8''), contravenes section 15(1) of the Canadian Charter of Rights and Freedoms (the "Charter''), and, if so, whether the contravention is justified under section I of the Charter. This brief reviews the Government's repeal of the Federal Emplyment Equity Act (EEA). This repeal impairs designated groups to the greatest extent possible by removing all of the mechanisms which are necessary to remedy systemic discrimination in employment. Additionally, where discrimination is effected by the wholesale repeal of human …
Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley
Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley
Law Faculty Scholarship
No abstract provided.
De Minimis Discrimination, Rebecca H. White
De Minimis Discrimination, Rebecca H. White
Scholarly Works
Is there any basis for a de minimis exception to our employment discrimination laws? This Article suggests a way of analyzing the issue of de minimis discrimination that comports with the language of and policies underlying Title VII and also with judicially developed disparate treatment theory. It approaches this project from a normative and doctrinal, not a deontological, perspective. Congress has enacted laws prohibiting discrimination in employment, and the appropriate question, in the first instance, is how those statutes should best be interpreted. Although the focus is on Title VII, the analysis undertaken here may be usefully applied to other …
Research To Practice: Employing People With Disabilities: Small Business Concerns And Recommendations, Oce Harrison
Research To Practice: Employing People With Disabilities: Small Business Concerns And Recommendations, Oce Harrison
Research to Practice Series, Institute for Community Inclusion
Survey results from Massachusetts small businesses regarding hiring and employing people with disabilities.
The Continuing Relevance Of Section 8 (A) (2) To The Contemporary Workplace, Michael C. Harper
The Continuing Relevance Of Section 8 (A) (2) To The Contemporary Workplace, Michael C. Harper
Faculty Scholarship
In this article I evaluate the claims of the critics of the current section 8(a)(2). I do so, as I believe would Professor St. Antoine, 14 with an eye toward the historical development of new production systems in America and the concomitant development of personnel policies to fit those systems. I consider the purposes for which firm managers seemed to establish and control employee advisory committees before passage of the NLRA and the purposes for which managers seem to establish and control such committees in today's economy. I conclude that these purposes have not substantially changed. Managers before passage of …
Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone
Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone
Tools for Inclusion Series, Institute for Community Inclusion
Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.
香港僱員假期的全面修正 = A Complete Revision Of Employees Holiday In Hong Kong, Kwok Keung Chow
香港僱員假期的全面修正 = A Complete Revision Of Employees Holiday In Hong Kong, Kwok Keung Chow
Hong Kong Institute of Business Studies Working Paper Series
本文集中討論香港僱員的「節假日」這一種落實勞工休息權的類別,並從有關法例亦即《僱傭條例》中法定有薪假日的歷史發展和修訂,以及其在香港政權回歸前後,在施行上所導致的混亂情況加以分析,從而提出需作全面性修正的建議。包括呼籲當局必須盡快將「五﹒一」勞動節假期列為1998 年及以後的公眾假期以取代國慶節翌日、在1998 年及之後,以固定假期取代浮動假期,以及從較長遠的角度考慮在未來10 年內,把法定有薪假日以每兩年增加一天的速度,最終和公眾假期看齊。
This paper discusses "festival holidays" , which is one kind of the right to rest of the workers , in Hong Kong. It analyses the historical development and amendments of the provisions of holiday with pay of the Employment Ordinance and the confusion caused before and after the exercise of the resumption of sovereignty of Hong Kong. A complete revision of the said provisions is required. In this regard , this paper proposes therefore that the Government should amend relevant legislation so as to include the "5-1" Labourer Day as a general holiday in and after …
Research To Practice: Grant Development And Decision-Making: Comparison Of Funding Agencies And Community-Based Minority Organizations, Institute For Community Inclusion, University Of Massachusetts Boston
Research To Practice: Grant Development And Decision-Making: Comparison Of Funding Agencies And Community-Based Minority Organizations, Institute For Community Inclusion, University Of Massachusetts Boston
Research to Practice Series, Institute for Community Inclusion
This report compares the perspectives of government funding agencies and community-based minority organizations on grant development and decision-making, and gives recommendations on how these groups can work together effectively to fund disability programs.
Tools For Inclusion: The Americans With Disabilities Act: General Overview, Karen Zimbrich
Tools For Inclusion: The Americans With Disabilities Act: General Overview, Karen Zimbrich
Tools for Inclusion Series, Institute for Community Inclusion
Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.
Research To Practice: Disability Organizations' Perspectives On The Needs Of Youth With Disabilities Who Are Runaway Or Homeless, David Temelini, Sheila Fesko
Research To Practice: Disability Organizations' Perspectives On The Needs Of Youth With Disabilities Who Are Runaway Or Homeless, David Temelini, Sheila Fesko
Research to Practice Series, Institute for Community Inclusion
Findings from a national survey of state-level disability organizations on issues regarding runaway or homeless youth who have disabilities.
Employer Liability For Supervisors' Intentional Torts: The Uncertain Scope Of The "Alter Ego" Exception, Michael Hayes, Quinn Broverman
Employer Liability For Supervisors' Intentional Torts: The Uncertain Scope Of The "Alter Ego" Exception, Michael Hayes, Quinn Broverman
All Faculty Scholarship
When Illinois employees are the victims of intentional torts by supervisors, can they bring common law tort suits against their employers for these injuries, or are they limited to bringing a claim under the workers' compensation system? This question, which arises with unfortunate reguIarity, lacks a clear answer because both state and federal courts in Illinois are divided over the scope of the "alter ego" exception to the exclusivity of workers' compensation as the remedy for intentionally inflicted workplace injuries.
The Illinois Workers' Compensation Act ("IWCA") contains exclusivity provisions that mandate that workers' compensation is the sole remedy available to …
Defining The Economic Relationship Appropriate For Collective Bargaining, Michael C. Harper
Defining The Economic Relationship Appropriate For Collective Bargaining, Michael C. Harper
Faculty Scholarship
These are, of course, difficult times for those who share the goals of the framers of the original National Labor Relations Act (the "NLRA" or "Act") .' As union density in the private sector has continued to decline2 and as the NLRA has proven helpless against the economic developments that have generated continuing employer resistance to collective bargaining, the original vision of the Wagner Congress must seem myopic and shaded with an excessively optimistic tint. Observing these economic developments and the enhanced impediments to union organization that they have posed makes it clear that only a much different statute …
Fathers And Parental Leave Revisited, Martin H. Malin
Fathers And Parental Leave Revisited, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas
Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas
Cornell Law Faculty Publications
No abstract provided.
Book Review Of Employment Discrimination Law, James S. Heller
Book Review Of Employment Discrimination Law, James S. Heller
Library Staff Publications
No abstract provided.
Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges
Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges
Law Faculty Publications
This article will first review the Supreme Court's arbitration jurisprudence, concentrating on labor and employment law cases. Next, the article will analyze the cases involving arbitration under collective bargaining agreements decided by the courts of appeals subsequent to Gilmer. The article will then evaluate the two different approaches of the circuit courts in light of the law relating to collective bargaining and union representation. Finally, the article will review alternative methods of protecting employee rights to determine whether unions can preserve employees' statutory rights under the rule of the Fourth Circuit. The article concludes that the Supreme Court should …
Disparate Impact Discrimination: American Oddity Or Internationally Accepted Concept?, Elaine W. Shoben, Rosemary C. Hunter
Disparate Impact Discrimination: American Oddity Or Internationally Accepted Concept?, Elaine W. Shoben, Rosemary C. Hunter
Scholarly Works
Griggs v. Duke Power Co. was a landmark United States decision because it recognized that barriers to equal employment opportunity need not be overt and that practices that appear neutral on their face may nonetheless have an unjustifiably exclusionary effect on protected groups. This American insight has not been lost on other Western legal systems in the context of their antidiscrimination statutes and opinions. This article explores the favorable reception that disparate impact analysis has had bother in other countries with similar legal heritages and in international law.
Despite the wide acceptance of disparate impact analysis in the international marketplace …
Survey Of Recent Developments In Third Circuit Law, Bonenberger V. Plymouth Township, 132 F.3d 20 (3d Cir. 1997), Nicole Huberfeld
Survey Of Recent Developments In Third Circuit Law, Bonenberger V. Plymouth Township, 132 F.3d 20 (3d Cir. 1997), Nicole Huberfeld
Law Faculty Scholarly Articles
This brief comment examines the United States Court of Appeals for the Third Circuit decision in Bonenberger v. Plymouth Township, 132 F.3d 20 (3d Cir. 1997).
Freeing Prisoners' Labor, Stephen P. Garvey
Freeing Prisoners' Labor, Stephen P. Garvey
Cornell Law Faculty Publications
Although labor was central to the internal life of the early penitentiary, it has virtually vanished from today's prison. In this article, Professor Garvey proposes making labor once again a key part of the prison regime. During the decades surrounding the turn of the century, organized labor and business successfully lobbied for protectionist state and federal legislation that prohibited private firms from contracting for prison labor and selling prison-made goods on the open market. This legislation abolished the old "contract" system of prison labor and replaced it with the "state-use" system. Under the state-use system, inmates work only for the …
Reports, Awards,And Opinions 1998-1999-1, Eric J. Schmertz
Reports, Awards,And Opinions 1998-1999-1, Eric J. Schmertz
Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection
Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of New England Power Service Company, Pratt & Whitney, and White Plains Bus Company, Incorporated, among others.
Reports, Awards And Opinions 1998-1999-2, Eric J. Schmertz
Reports, Awards And Opinions 1998-1999-2, Eric J. Schmertz
Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection
Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of New England Power Service Company, New York Bus Company, and Pratt & Whitney, among others.
Annual Report To The Legislature 1996-1997, 1997-1998, Agricultural Labor Relations Board
Annual Report To The Legislature 1996-1997, 1997-1998, Agricultural Labor Relations Board
California Agencies
No abstract provided.
The Supreme Court 1997- 1998 Labor And Employment Law Term (Part Ii): The Nlra, Takings Clause, And Ada Cases, Marley S. Weiss
The Supreme Court 1997- 1998 Labor And Employment Law Term (Part Ii): The Nlra, Takings Clause, And Ada Cases, Marley S. Weiss
Faculty Scholarship
No abstract provided.
Reconceiving The Role Of Section 8(B)(1)(A): 1947–1997: An Essay On Collective Empowerment And The Public Good, Roger C. Hartley
Reconceiving The Role Of Section 8(B)(1)(A): 1947–1997: An Essay On Collective Empowerment And The Public Good, Roger C. Hartley
Scholarly Articles
The Taft-Hartley section 8(b)(1)(A)s union discipline cases are linked to the impending collapse of collective bargaining in two ways. At one level, they have helped cause it by denying union majorities an important tool to enforce solidarity during economic disputes with employers and thereby have contributed to the loss of worker empowerment. At another level, the union discipline cases reflect certain shifts in national sentiments with respect to the role of unions and collective bargaining in general and the accommodation of collective bargaining to the competing claims of individuals and employers in particular. This paper is about both linkages.
The Illusion Of Efficiency In Workers' Compensation "Reform", Martha T. Mccluskey
The Illusion Of Efficiency In Workers' Compensation "Reform", Martha T. Mccluskey
Journal Articles
From the late 1980s to 1990s, most states enacted major revisions to their workers' compensation systems. These law changes aim to restrict benefits for injured workers in response to perceptions that rising workers' compensation insurance costs had reached crisis levels by the late 1980s. This article analyzes the main features of these benefit reforms, and shows how these reforms reveal the problems of the predominant economic efficiency rationales underlying recent retrenchment of social welfare programs in general.
Using workers' compensation as an example, I argue that a premise central to much of contemporary law and policy - the distinction between …
Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick
Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Haddle v. Garrison, 525 U.S. 121 (1998). The author expected the Court to determine whether the termination of an at-will employee can be compensible under 42 U.S.C. § 1985, one of the Reconstruction Era Civil Rights Act.
Capturing Volition Itself: Employee Involvement And The Team Act, Johanna Oreskovic
Capturing Volition Itself: Employee Involvement And The Team Act, Johanna Oreskovic
Journal Articles
No abstract provided.
Board Of Education V. Taxman: The Unpublished Opinions, Ann C. Mcginley, Michael J. Yelnosky
Board Of Education V. Taxman: The Unpublished Opinions, Ann C. Mcginley, Michael J. Yelnosky
Scholarly Works
On June 27, 1997 the United States Supreme Court granted certiorari in Board of Education v. Taxman to review a judgment of the United States Court of Appeals for the Third Circuit. That court had ruled, en banc, that the school board in Piscataway, New Jersey violated Title VII when it chose to lay off Sharon Taxman, a teacher at Piscataway High School, rather than Debra Williams, her colleague. Taxman quickly became the most anticipated decision of the Term. However, the case settled in November 1997 before argument, so the issues it raised are unresolved. Taxman quickly became the most …
Compensating Differentials For Gender-Specific Job Injury Risks, Joni Hersch
Compensating Differentials For Gender-Specific Job Injury Risks, Joni Hersch
Vanderbilt Law School Faculty Publications
Women have largely been excluded from analyses of compensating differentials for job risk since they are predominantly employed in safer, white-collar occupations. New data reveal that their injury experience is considerable. One-third of the total injury and illness cases with days away from work accrue to female workers. Adjusted for employment, women are 71 percent as likely as men to experience an injury or illness. As one would predict on theoretical grounds, these risks generate compensating differentials. Based on gender-specific injury incidence rates for both industry and occupation, I find strong evidence of compensating wage differentials for the job risk …
Realigning Corporate Governance: Shareholder Activism By Labor Unions, Randall Thomas, Stewart J. Schwab
Realigning Corporate Governance: Shareholder Activism By Labor Unions, Randall Thomas, Stewart J. Schwab
Vanderbilt Law School Faculty Publications
This paper investigates the increased shareholder activism by labor unions and their pension funds, who are now the most aggressive institutional shareholders. Sometimes unions propose traditional corporate-governance measures through procedures familiar to shareholders. Only the union sponsor is novel. But recently unions have pushed innovative methods to get corporations to listen to shareholder complaints. These methods include mandatory amendment of corporate by-laws by shareholders and floor proposals submitted for a shareholder vote at the annual meeting. Unions as shareholders have conflicting roles. We distinguish union-shareholder initiatives designed to further unions' traditional organizing and collective bargaining goals from those that enhance …