Law Commons^™

2023 Roger Williams University School Of Law Commencement, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

19th Annual Diversity Symposium Dinner 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury

Scholarship@WashULaw

This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …

Can Contract Emancipate? Contract Theory And The Law Of Work, Hanoch Dagan, Michael A. Heller

Faculty Scholarship

Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we re-unite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work.

Today, the dominant contract theories assume a widget transaction between substantively equal parties. If this were an accurate description of what contract is, then contract law would be right to expel workers. Worker protections would indeed be better regulated by – and relegated to – employment and labor law. But contract law is not what contract theorists claim. Neither …

Law Library Blog (February 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Miscarriage Of Justice: Early Pregnancy Loss And The Limits Of U.S. Employment Law, Laura T. Kessler

Utah Law Faculty Scholarship

This Article explores judicial responses to miscarriage under federal employment law in the United States. Miscarriage is an incredibly common experience. Of confirmed pregnancies, about fifteen percent will end in miscarriage; almost half of all women who have given birth have suffered a miscarriage. Yet this experience slips through the cracks of every major federal employment law in the United States.

The Pregnancy Discrimination Act of 1978, for example, defines sex discrimination to include discrimination on the basis of pregnancy, childbirth, or related medical conditions. The Family and Medical Leave Act of 1993 requires covered employers to provide employees with …

Law And Authors: A Legal Handbook For Writers (Introduction), Jacqueline D. Lipton

Book Chapters

Drawing on a wealth of experience in legal scholarship and publishing, Professor Jacqueline D. Lipton provides a useful legal guide for writers whatever their levels of expertise or categories of work (fiction, nonfiction, academic, journalism, freelance content development). This introductory chapter outlines the key legal and business issues authors are likely to face during the course of their careers, and emphasizes that most legal problems have solutions so law should never be an excuse to avoid writing something that an author feels strongly about creating. The larger work draws from case studies and hypothetical examples to address issues of copyright …

Law School News: Law Student Of The Year! 04-03-2020, Michael M. Bowden, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The New Principle-Practice Gap: The Disconnect Between Diversity Beliefs And Actions In The Workplace, Jamillah Bowman Williams, Jonathan Cox

Georgetown Law Faculty Publications and Other Works

Following increased calls for racial justice, many organizations have pledged to play their part in dismantling systemic racism. One common step leaders take is to invest in diversity and inclusion programs. Yet, despite organizations’ bold claims to value diversity and the investment of billions of dollars on related efforts, workplace discrimination continues to be a major factor in the lives of people of color. Additionally, existing research highlights a principle-policy gap, wherein people--particularly White Americans--espouse support for the principles of diversity, yet their support wanes for policies that address inequalities. In this survey study, we explore attitudes about organizational diversity …

Law School News: Millennial Law 08-21-2019, Dick Dahl

Life of the Law School (1993- )

No abstract provided.

Supporting Employment Consultants In Their Work With Job Seekers. A Longitudinal Study, Alberto Migliore, John Butterworth, Oliver Lyons, Kelly Nye-Lengerman, Paul Foos, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

BACKGROUND: A key step for increasing the employment outcomes of job seekers with disabilities includes ensuring that employment consultants who assist them have the tools to succeed, including feedback about how they are performing. OBJECTIVE: Supporting employment consultants in their work with job seekers by providing feedback about the implementation of the support strategies recommended in the literature. METHODS: Sixty-one employment consultants completed a daily survey for one year, on their smartphones. RESULTS: Providing supports that lead to hire represented 30% of the employment consultants’ work time. When providing supports that lead to hire, most of the primary interactions were …

Why Doesn't The U.S. Mandate Paid Leave?, Donald Roth

Faculty Work Comprehensive List

"The U.S. has vastly different guarantees when it comes to legislative mandates; however, the focus on laws skews the picture in important ways."

Posting about ­­­­­­­­factors affecting paid time off from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

https://inallthings.org/why-doesnt-the-u-s-mandate-paid-leave/

Employment Discrimination And The Domino Effect, Laura T. Kessler

Utah Law Faculty Scholarship

Employment discrimination is a multidimensional problem. In many instances, some combination of employer bias, the organization of work, and employees’ responses to these conditions, leads to worker inequality. Title VII does not sufficiently account for these dynamics in two significant respects. First, Title VII’s major proof structures divide employment discrimination into discrete categories, for example, disparate treatment, disparate impact, and sexual harassment. This compartmentalization does not account for the fact that protected employees often concurrently experience more than one form of discriminatory exclusion. The various types of exclusion often add up to significant inequalities, even though seemingly insignificant when considered …

Creativity Revisited, Ralph D. Clifford

Faculty Publications

The University of New Hampshire's Scholarship Redux Conference invited a reexamination of an earlier work of IP scholarship to address what has happened in the area since the time of its original publication. As my contribution to the Conference, I revisited my 1997 article that discussed the consequences of the increasing sophistication of artificial intelligence ("AI") on the production of new copyrightable or patentable works as well as the follow-up article I published in 2004 that focused expressly on copyright law. The primary call of the conference was to discuss the "legal predictions [that were] right -- or wrong!" In …

Writing, Motivation And Your Work In Progress: Catherine Cole On Writing Motivation And Finding Discipline In A Busy World, Catherine Cole

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

Labor Unions, Solidarity, And Money, Marion G. Crain, Ken Matheny

Scholarship@WashULaw

For labor, 2018 was a year of highs and lows. A wave of teachers’ strikes in states traditionally hostile to public sector labor unionism and collective bargaining garnered widespread popular support. The passions animated by the strikes were credited with inspiring a range of progressive political shifts, including the rollback of right to work laws in Missouri and new challengers running on education platforms aimed at increasing investment in public education. Less than three months later, the Supreme Court issued its decision in Janus v. AFSCME, Council 31 invalidating agency fees that public sector unions relied on to cover costs …

Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Sharing Economy And The Edges Of Contract Law: Comparing U.S. And U.K. Approaches, Miriam A. Cherry

Faculty Publications

Technology and the rise of the on-demand or sharing economy have created new and diverse structures for how businesses operate and how work is conducted. Some of these matters are intermediated by contract, but in other situations, contract law may be unhelpful. For example, contract law does little to resolve worker classification problems on new platforms, such as ridesharing applications. Other forms of online work create even more complex problems, such as when work is disguised as an innocuous task like entering a code or answering a question, or when work is gamified and hidden as a leisure activity. Other …

Glocalizing Women's Health And Safety: Migration, Work, And Labor, Berta E. Hernández-Truyol

UF Law Faculty Publications

Worldwide, women's equality remains elusive in the social, political, civil, economic and cultural spheres. Such reality presents a challenge in the movement of persons across state borders because, globally, the world is experiencing a feminization of migration. In turn, the feminization of migration effects threats to the health and safety of migrant women, whose well-being is in peril at all stages of the migration journey – from the country of origin, to the transit states, to the receiving state – from smugglers and official actors alike. Because the globalization discourses exclude the movement of persons and focus on the movement …

People Analytics And Invisible Labor, Miriam A. Cherry

Faculty Publications

(Excerpt)

In recent years, I have been writing about two increasingly salient labor and employment law issues: the presence of invisible labor and the rise of people analytics.' First, invisible labor could include emotion work, such as being a colleague's "work wife," or could include "identity work" that is time and effort spent on making others feel comfortable with the worker. Invisible labor might also include uncompensated time spent in "looking good" and "sounding right." It could also include instances where technology obscures work that is being done through a website platform or mobile application. The second trend is …

The Classical Canon And/As Transformative Work, Ika Willis

Faculty of Law, Humanities and the Arts - Papers (Archive)

When Transformative Works and Cultures launched in 2008, with its focus on "transformative works, broadly conceived," my first thought, as a Classical reception scholar— that is, someone who studies transformative adaptations and rewritings of ancient Greek and Roman literary texts in the post-Classical period—was that this journal would be an ideal venue for exploring and expanding notions of transformative work by analyzing practices of transformation comparatively, across different cultural, historical, and material contexts. Eight years later, I am delighted to be editing this special issue on the relationships between Classical literature (and its afterlives) and contemporary fan work.

Work With Men To End Violence Against Women: A Critical Stocktake, Michael Flood

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper provides a critical assessment of efforts to involve men in the prevention of men's violence against women. Although there is a substantial evidence base attesting to the effectiveness of at least some strategies and interventions, this field is also limited in important ways. Violence prevention efforts often have focused on changing men's attitudes, rather than also seeking to transform structural and institutional inequalities. While feminist and queer scholarship has explored diversities and pluralities in the organisation of sexuality, much violence prevention work often assumes a homogenously heterosexual male constituency. Too often this work is conceptually simplistic with regard …

Rights At Work: Fairness In Personal Work Relations And Restorative Labour Market Regulation, Bruce P. Archibald

Articles, Book Chapters, & Popular Press

By desire or necessity, virtually all of us work for a considerable portion of our lives. Work defines our social status, determines our degrees of health and happiness and underpins our sense of self. The productivity, efficiency and economic significance of the work we do, in aggregate terms, are critical to the prosperity of the societies in which we live. Moreover, fair treatment in our workplaces is an important aspect of our individual well-being and a mark of the civility and decency of our communities. Many of us expect the law to ensure fairness in our work relations; but increasingly, …

The Yeomans Project: Peri-Urban Field Work, Lucas M. Ihlein

Faculty of Law, Humanities and the Arts - Papers (Archive)

Despite moves towards inner-urban consolidation, Australian cities continue to expand in girth. In the process, housing development transforms formerly rural land into "peri-urban" settlements. These transitional zones are often sites of contestation: they place pressure on local amenities and infrastructure, reveal limitations in transportation and food systems, and conflict with “lifestyle” values. In this paper I explore these tendencies through the lens of an art project about Australian farmer P.A. Yeomans. Between 1940 and 1980, Yeomans developed a system of organic farming - "Keyline" - optimised for the poor soils and low rainfall of Australian conditions. Keyline has been hugely …

From Work With Men And Boys To Changes Of Social Norms And Reduction Of Inequities In Gender Relations: A Conceptual Shift In Prevention Of Violence Against Women And Girls, Rachel K. Jewkes, Michael G. Flood, James Lang

Faculty of Law, Humanities and the Arts - Papers (Archive)

Violence perpetrated by and against men and boys is a major public health problem. Although individual men's use of violence differs, engagement of all men and boys in action to prevent violence against women and girls is essential. We discuss why this engagement approach is theoretically important and how prevention interventions have developed from treating men simply as perpetrators of violence against women and girls or as allies of women in its prevention, to approaches that seek to transform the relations, social norms, and systems that sustain gender inequality and violence. We review evidence of intervention effectiveness in the reduction …

Work Productivity Loss From Depression: Evidence From An Employer Survey, Kathryn Rost, Hongdao Meng, Stanley Xu

Mental Health Law & Policy Faculty Publications

Background: National working groups identify the need for return on investment research conducted from the purchaser perspective; however, the field has not developed standardized methods for measuring the basic components of return on investment, including costing out the value of work productivity loss due to illness. Recent literature is divided on whether the most commonly used method underestimates or overestimates this loss. The goal of this manuscript is to characterize between and within variation in the cost of work productivity loss from illness estimated by the most commonly used method and its two refinements.

Methods: One senior health benefit specialist …

A Suitable Job For A Woman: Women, Work And The Television Crime Drama, Sue Turnbull

Faculty of Law, Humanities and the Arts - Papers (Archive)

The first series of the Channel Nine crime drama series, Underbelly, is the starting point for a reflection on the relationship between women, work, crime and feminism. Following a brief description of the episode 'Wise Monkeys' written by Felicity \Packard which features three of the 'real' women involved in Melbourne's gangland murders, the essay considers the significant role women have played in the depiction of crime on television as creators, writers and actors. In the end, it all comes down to power and control, who wins and who loses in what Gregg and Wilson (2010) have identified as the 'cultural …

Explainer: How Do Australia's Laws On Hate Speech Work In Practice?, Luke Mcnamara, Katharine Gelber

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Abbott government’s intention to amend national racist hate speech law has reignited a debate that has raged in Australia for decades: is there a place for laws that condemn public conduct that is likely to cause harm or generate ill-feeling towards racial minorities?

It’s an important question, and diverse views should be ventilated.

But the grand claims made from both corners – that hate speech laws have no place in a democracy, or that they are a valuable way of protecting minorities – are rarely backed up with evidence. This is unfortunate and unnecessary. Today, more than 20 years …

Review Of Putting Intellectual Property In Its Place: Rights Discourses, Creative Labor And The Everyday By Laura J. Murray, S. Tina Piper & Kirsty Robertson, Jessica Silbey

Faculty Scholarship

This book is an interdisciplinary marvel. Its focus on creative communities and their practices avoids the frequent pitfalls of intellectual property (IP) scholarship: a myopic focus on the utilitarian and economic theories of IP. The authors acknowledge these dominant themes in much of IP scholarship, but they deliberately take a different tract. As such, this book cannot help but be generous and broad-minded in both its subject matter and range of detail. The authors, a trio of academics - two in the humanities and one in law - set out to explore how creative communities work, theorizing (and they turned …