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- Employment discrimination (2)
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- Hughes v. Superior Court of Contra Costa County (1)
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Articles 1 - 7 of 7
Full-Text Articles in Law
Justice Jesse Carter’S Passionate Defense Of Workers’ Rights: Challenging The Majority’S “Legal Legerdemain”, Marci Seville
Justice Jesse Carter’S Passionate Defense Of Workers’ Rights: Challenging The Majority’S “Legal Legerdemain”, Marci Seville
Publications
In two 1953 decisions, Mercer-Fraser Company v. Industrial Accident Commission and Hawaiian Pineapple Company Ltd v. Industrial Accident Commission, the California Supreme Court considered the proper interpretation of Labor Code section 4553, a provision in the workers’ compensation system that allows for an additional monetary award when an employee is injured because of an employer’s “serious and willful misconduct.” The Court gave a restrictive reading to the Labor Code and annulled decisions of the California Industrial Accident Commission that had found serious and willful misconduct by the respective employers. In doing so, the Court departed from its earlier and more …
Justice Carter, Contributory Negligence And Wrongful Death: A Call To Get Rid Of A “Bad Law With Bad Results”, Michael A. Zamperini
Justice Carter, Contributory Negligence And Wrongful Death: A Call To Get Rid Of A “Bad Law With Bad Results”, Michael A. Zamperini
Publications
No abstract provided.
Justice Carter's Dissent In Hughes V. Superior Court Of Contra Costa County: Harbinger Of The 60s Civil Rights Movement And Affirmative Action?, Frederick White
Justice Carter's Dissent In Hughes V. Superior Court Of Contra Costa County: Harbinger Of The 60s Civil Rights Movement And Affirmative Action?, Frederick White
Publications
As a response to the discriminatory hiring practices of a large number of white-owned businesses in the 1940s, Hughes and others established a group called "Progressive Citizens of America" ("Progressive") in Richmond, California. The Hughes case detailed the events surrounding unemployed black workers picketing certain "Lucky Stores;' a grocery chain with a store located near the Canal Housing Project in Richmond, in order to compel the store to hire more black clerks. In response to the picketing, lawyers for Lucky Stores requested a preliminary injunction against the picketing. The request for injunctive relief was granted by the Superior Court of …
The Supreme Court's Post-Racial Turn Towards A Zero-Sum Understanding Of Equality, Helen Norton
The Supreme Court's Post-Racial Turn Towards A Zero-Sum Understanding Of Equality, Helen Norton
Publications
The Supreme Court--along with the rest of the country--has long divided over the question whether the United States has yet achieved a 'post-racial" society in which race no longer matters in significant ways. How, if at all, this debate is resolved carries enormous implications for constitutional and statutory antidiscrimination law. Indeed, a post-racial discomfort with noticing and acting upon race supports a zero-sum approach to equality: if race no longer matters to the distribution of life opportunities, a decision maker's concern for the disparities experienced by members of one racial group may be seen as inextricable from its intent to …
Reviving Employee Rights - Recent And Upcoming Employment Discrimination Legislation: Proceedings Of The 2010 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Scott A. Moss, Sandra Sperino, Robin R. Runge, Charles A. Sullivan
Reviving Employee Rights - Recent And Upcoming Employment Discrimination Legislation: Proceedings Of The 2010 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Scott A. Moss, Sandra Sperino, Robin R. Runge, Charles A. Sullivan
Publications
No abstract provided.
The Depression Era Sit-Down Strikes And The Limits Of Liberal Labor Law, Ahmed A. White
The Depression Era Sit-Down Strikes And The Limits Of Liberal Labor Law, Ahmed A. White
Publications
This paper explores the history of sit-down strikes from the New Deal Era and beyond and traces their influence on the substance of modern labor law. It argues that, even as the sit-down strikes proved essential to the development of a meaningful system of labor rights, the strikes also had a very different effect. As this paper undertakes to demonstrate, legal and political attacks on labor rights that were originally aimed at the sit-down strikes metastasized into a more general campaign to prohibit a range of militant strike practices, even those bearing little outward resemblance to the original sit-down strikes. …
Business-Like: The Supreme Court's 2009-2010 Labor And Employment Decisions, Melissa Hart
Business-Like: The Supreme Court's 2009-2010 Labor And Employment Decisions, Melissa Hart
Publications
The 2009-10 Term at the Supreme Court was a relatively quiet one for labor and employment law. While the Justices were in the news for decisions on corporate political donations and the Second Amendment, the Court’s work-related docket grabbed no headlines. In fact, though, the Court considered 7 work law cases this Term, in areas ranging from standards for arbitration agreements to employee privacy rights in new technology to time limitations for filing Title VII disparate impact claims. This article discusses the Court’s labor and employment cases for the Term. While they may not have made much news, several of …