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Articles 1 - 13 of 13
Full-Text Articles in Law
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
Faculty Scholarship
No abstract provided.
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Faculty Scholarship
This Article uses an interdisciplinary approach to explain why the International Labor Organization (ILO) has been given surprisingly short shrift in recent debates over the role of IOs in addressing the many transborder collective action problems that globalization has fostered. I review the ILO's past and its present with two broad objectives in mind. First, I seek to correct a misperception among international lawyers and legal scholars that the ILO is a weak and ineffective institution. The organization's effectiveness in creating and monitoring international labor standards has fluctuated widely during its nearly ninety-year existence. Over the last decade, however, the …
The Architecture Of Inclusion: Advancing Workplace Equity In Higher Education, Susan Sturm
The Architecture Of Inclusion: Advancing Workplace Equity In Higher Education, Susan Sturm
Faculty Scholarship
The path to workplace'equality has become a difficult one to navigate. No one can safely rely upon the strategies developed in the 1960s and 1970s to integrate workplaces. Employers face legal and political challenges both for failing to diversify their workplaces and for diversity efforts to overcome that failure. Civil rights and women's rights advocates battle to hold on to the litigation victories of the past, even as they acknowledge judicial remedies' shrinking availability and limited efficacy in addressing many aspects of current-day equality. Anti-discrimination regulators contend with inadequate resources to carry out their traditional enforcement activities, as well as …
Deconstructing The Maternal Wall: Strategies For Vindicating The Civil Rights Of "Carers" In The Workplace, Joan C. Williams, Elisabeth S. Westfall
Deconstructing The Maternal Wall: Strategies For Vindicating The Civil Rights Of "Carers" In The Workplace, Joan C. Williams, Elisabeth S. Westfall
Faculty Scholarship
No abstract provided.
Keynote Address: Want Gender Equality? Die Childless At Thirty, Joan C. Williams
Keynote Address: Want Gender Equality? Die Childless At Thirty, Joan C. Williams
Faculty Scholarship
No abstract provided.
Family Responsibilities Discrimination: What Plaintiffs' Attorneys, Management Attorneys And Employees Need To Know, Joan C. Williams, Cynthia Thomas Calvert
Family Responsibilities Discrimination: What Plaintiffs' Attorneys, Management Attorneys And Employees Need To Know, Joan C. Williams, Cynthia Thomas Calvert
Faculty Scholarship
No abstract provided.
The Players Have Lost That Argument: Doping, Drug Testing, And Collective Bargaining, Paul H. Haagen
The Players Have Lost That Argument: Doping, Drug Testing, And Collective Bargaining, Paul H. Haagen
Faculty Scholarship
No abstract provided.
Cataclysmic Liability Risk Among Big Four Auditors, Eric L. Talley
Cataclysmic Liability Risk Among Big Four Auditors, Eric L. Talley
Faculty Scholarship
Since Arthur Andersen's implosion in 2002, policymakers have been encouraged with ever increasing urgency to insulate the auditing industry from legal liability. Advocates of such insulation cite many arguments, but the gravamen of their case is that the profession faces such significant risk of cataclysmic liability that its long term viability is imperiled. In this Essay, I explore the nature of these claims as a legal, theoretical, and empirical matter. Legally, it is clear that authority exists (within both state and federal law) to impose liability on auditing firms for financial fraud, and courts have been doing so sporadically for …
Recrafting A Trojan Horse: Thoughts On Workplace Governance In Light Of Recent British Labor Law Developments , James J. Brudney
Recrafting A Trojan Horse: Thoughts On Workplace Governance In Light Of Recent British Labor Law Developments , James J. Brudney
Faculty Scholarship
In June of 2000, Britain established a statutory union recognition procedure applicable to all private and public employers with more than twenty workers.For a country with a history of voluntarism in labor-management relations, the creation of a legal mechanism by which unions could compel recognition from employers was a major change. The Labour Party government modeled its new approach to a considerable extent on our National Labor Relations Act (NLRA).3 Unions seeking statutory recognition must apply through a government agency; disagreements over proposed unit size or scope are to be resolved early by the agency; the union must show majority …
Transnational Labor Citizenship, Jennifer Gordon
Transnational Labor Citizenship, Jennifer Gordon
Faculty Scholarship
Over one million new immigrants arrive in the United States each year. This spring, Americans saw several times that number pour into the streets, protesting proposed changes in U.S. immigration and guest work policies. As the signs they carried indicated, most migrants come to work, and it is in the workplace that the impact of large numbers of newcomers is most keenly felt. For those who see both the free movement of people and the preservation of decent working conditions as essential to social justice, this presents a seemingly unresolvable dilemma. In a situation of massive inequality among countries, to …
Welcome And Opening Remarks Work/Life Conflict In The Legal Profession, Jamie Amir, Sarah Lechner, Stuart L. Deutsch, Tanya Kateri Hernandez
Welcome And Opening Remarks Work/Life Conflict In The Legal Profession, Jamie Amir, Sarah Lechner, Stuart L. Deutsch, Tanya Kateri Hernandez
Faculty Scholarship
At a symposium sponsored by the Women’s Rights Law Reporter, Professor Tanya Hernandez introduces the keynote speaker, Professor Joan Williams, a law professor at the American Law School, Washington College of Law in Washington,D.C. where she teaches Property, Women's Legal History, Feminist Jurist Prudence, and a Jurist Prudence seminar. The topic of the symposium is Work/Life Conflict in the Legal Profession.
Grutter At Work: A Title Vii Critique Of Constitutional Affirmative Action, Jessica Bulman-Pozen
Grutter At Work: A Title Vii Critique Of Constitutional Affirmative Action, Jessica Bulman-Pozen
Faculty Scholarship
This Note argues that Title VII doctrine both illuminates internal contradictions of Grutter v. Bollinger and provides a framework for reading the opinion. Grutter's diversity rationale is a broad endorsement of integration that hinges on the quantitative concept of critical mass, but the opinion's narrow-tailoring discussion instead points to a model of racial difference that champions subjective decisionmaking and threatens to jettison numerical accountability. Title VII doctrine supports a reading of Grutter that privileges a view of diversity as integration and therefore cautions against the opinion's conception of narrow tailoring. Grutter, in turn, can productively inform employment discrimination law. The …
The Regulation Of Labor And The Relevance Of Legal Origin, David E. Pozen
The Regulation Of Labor And The Relevance Of Legal Origin, David E. Pozen
Faculty Scholarship
Arguably the most important social science research of the past decade has centered on comparative law and economics. In a celebrated series of articles, the economists Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer, and intermittent collaborators have explored empirically how a country's legal origin – English common law, French civil law, Germanic code, Scandinavian law, or Soviet socialist law – affects its subsequent institutional and economic development. The common law emerges as the hero of this analysis: Compared with other countries and especially with civil law countries, common law bearers have, ceteris paribus, better legal protection of shareholders and …