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1993

Labor and Employment Law

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Articles 1 - 30 of 122

Full-Text Articles in Law

Glass Ceiling Commission - The Impact Of The Glass Ceiling And Structural Change On Minorities And Women, Lois B. Shaw, Dell P. Champlin, Roberta M. Spalter-Roth, Heidi I. Hartmann Dec 1993

Glass Ceiling Commission - The Impact Of The Glass Ceiling And Structural Change On Minorities And Women, Lois B. Shaw, Dell P. Champlin, Roberta M. Spalter-Roth, Heidi I. Hartmann

Federal Publications

No abstract provided.


Equal Opportunities For Women And Men: The Third Medium-Term Community Action Programme, Rosa Kwon Dec 1993

Equal Opportunities For Women And Men: The Third Medium-Term Community Action Programme, Rosa Kwon

Boston College International and Comparative Law Review

No abstract provided.


Work-For-Hire And The Moral Right Dilemma In The European Community: A U.S Perspective, Robert A. Jacobs Dec 1993

Work-For-Hire And The Moral Right Dilemma In The European Community: A U.S Perspective, Robert A. Jacobs

Boston College International and Comparative Law Review

No abstract provided.


The Proper Role Of After-Aquired Evidence In Employment Discrimination Litigation, Rebecca Hanner White, Robert D. Brussack Dec 1993

The Proper Role Of After-Aquired Evidence In Employment Discrimination Litigation, Rebecca Hanner White, Robert D. Brussack

Boston College Law Review

No abstract provided.


The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack Dec 1993

The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack

Scholarly Works

A new defense to employment discrimination claims has gained acceptance in the lower courts. Employers who allegedly have discriminated against their employees because of race, sex or age are winning judgments on the basis of after-acquired evidence of employee misconduct. The evidence is “after-acquired” in the sense that the misconduct was unknown to the employer at the time the alleged discrimination occurred but was acquired later, often through the use of discovery devices in the employee's discrimination action. Lower courts have accepted the proposition that if the employer would have discharged the plaintiff on the basis of the after-acquired ...


Gilmer: No Justice, No Industrial Peace, J. Clay Smith Jr. Oct 1993

Gilmer: No Justice, No Industrial Peace, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


Vol. 10, No. 4, Lisa Salkovitz Kohn Oct 1993

Vol. 10, No. 4, Lisa Salkovitz Kohn

The Illinois Public Employee Relations Report

Contents:

Sexual Harassment Issues in Labor Arbitration: Old Tensions and New Challenges, by Lisa Salkovitz Kohn

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan


The Law And Metaphor Of Boycott, Gary Minda Oct 1993

The Law And Metaphor Of Boycott, Gary Minda

Buffalo Law Review

No abstract provided.


Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stewart J. Schwab Oct 1993

Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stewart J. Schwab

Cornell Law Faculty Publications


Section 5: Moot Court: Harris V. Forklift Systems, Inc., Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 1993

Section 5: Moot Court: Harris V. Forklift Systems, Inc., Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Our Eroding Industrial Base: U.S. Labor Laws Compared With Labor Laws Of Less Developed Nations In Light Of The Global Economy, Andrew K. Stutzman Sep 1993

Our Eroding Industrial Base: U.S. Labor Laws Compared With Labor Laws Of Less Developed Nations In Light Of The Global Economy, Andrew K. Stutzman

Penn State International Law Review

No abstract provided.


Child Labor In America: An Historical Analysis, Caroline G. Trinkley Sep 1993

Child Labor In America: An Historical Analysis, Caroline G. Trinkley

In the Public Interest

No abstract provided.


St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle Sep 1993

St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle

West Virginia Law Review

No abstract provided.


Vol. 10, No. 3, Debra I. Danner Esq. Jul 1993

Vol. 10, No. 3, Debra I. Danner Esq.

The Illinois Public Employee Relations Report

Contents:

Making Reasonable Accommodations under the ADA: A Unionized Employer's Dilemma, by Debra I. Danner, Esq.

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan


Meeting The Demands Of Workers Into The Twenty-First Century: The Future Of Labor And Employment Law, Kenneth G. Dau-Schmidt Jul 1993

Meeting The Demands Of Workers Into The Twenty-First Century: The Future Of Labor And Employment Law, Kenneth G. Dau-Schmidt

Indiana Law Journal

No abstract provided.


And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber Jul 1993

And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber

Indiana Law Journal

No abstract provided.


Economically Targeted Investments: Can Public Pension Plans Do Good And Do Well?, Patrick S. Cross Jul 1993

Economically Targeted Investments: Can Public Pension Plans Do Good And Do Well?, Patrick S. Cross

Indiana Law Journal

No abstract provided.


Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette Jul 1993

Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette

Washington Law Review

Congress enacted Title VII of the 1964 Civil Rights Act to combat employment discrimination and to provide relief to discrimination victims. The 1972 and 1991 amendments strengthened the statute and delineated a clear congressional commitment to the statute's purposes. In most cases the courts have utilized the statutes remedial provisions to deter further discriminatory conduct and to provide relief to victims. However, the majority of federal circuit courts which have addressed the issue deny a remedy to plaintiffs in cases where an employer discovers evidence of an employee's misrepresentations on a resume or evidence of misconduct on the ...


Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne Jul 1993

Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne

Washington Law Review

Evidence that an employer's work force contains fewer minorities or women than would be expected if selection were random with respect to race and sex has been taken as powerful—and often sufficient—evidence of systematic intentional discrimination. In relying on this kind of statistical evidence, courts have made two fundamental errors. The first error is assuming that statistical analysis can reveal the probability that observed work-force disparities were produced by chance. This error leads courts to exclude chance as a cause when such a conclusion is unwarranted. The second error is assuming that, except for random deviations, the ...


Policing Employment Contracts Within The Nexus-Of-Contracts Firm, Katherine V.W. Stone Jul 1993

Policing Employment Contracts Within The Nexus-Of-Contracts Firm, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.


Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken Jun 1993

Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken

Michigan Law Review

This Note analyzes the Civil Rights Act of 1991 and relevant case law to determine whether posing sex-stereotyped interview questions is actionable conduct under Title VII. It questions whether proof of discrimination during a phase in the hiring process, specifically during the interview stage, supports a Title VII claim without other independent evidence that the hiring decision was discriminatory. Part I explains that the circuit courts have envisioned the impact of discrimination during the hiring process differently and, as a result, are divided in determining whether sex-stereotyped interview questions are actionable under Title VII. Part II examines the legislative history ...


Workplace Injury Litigation, Scott S. Segal, Jeffrey V. Mehalic, Mark R. Staun Jun 1993

Workplace Injury Litigation, Scott S. Segal, Jeffrey V. Mehalic, Mark R. Staun

West Virginia Law Review

No abstract provided.


Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman Jun 1993

Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman

Washington International Law Journal

On April 15, 1991, Thailand's new legislative body enacted the State Enterprise Labor Relations Act, removing public employees from the dominion of the Labor Relations Act and dissolving the existing public labor unions. This Act has had a crippling effect on the entire Thai labor movement, which historically relied on the leadership and influence of public unions to promote private industry worker interests. This Comment argues that the State Enterprise Labor Relations Act contains many provisions which violate internationally accepted labor standards, specifically the right of association and the right to organize and bargain collectively. This Comment further asserts ...


Hoffa, James S. Beall May 1993

Hoffa, James S. Beall

Michigan Law Review

A Review of Hoffa by Arthur A. Sloane


"Take This Job And Shove It": The Rise Of Free Labor, Jonathan A. Bush May 1993

"Take This Job And Shove It": The Rise Of Free Labor, Jonathan A. Bush

Michigan Law Review

A Review of The Invention of Free Labor: The Employment Relation in English and American Law and Culture, 1350-1870 by Robert J. Steinfeld


Rodrigo's Second Chronicle: The Economics And Politics Of Race, Richard Delgado May 1993

Rodrigo's Second Chronicle: The Economics And Politics Of Race, Richard Delgado

Michigan Law Review

A Review of Forbidden Grounds: The Case Against Employment Discrimination Laws by Richard Epstein


The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover Apr 1993

The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover

Faculty Publications

No abstract provided.


Rum Creek Coal Sales, Inc. V. Caperton: The Fourth Circuit Preempts West Virginia's Neutrality Statute, Kelly R. Reed Apr 1993

Rum Creek Coal Sales, Inc. V. Caperton: The Fourth Circuit Preempts West Virginia's Neutrality Statute, Kelly R. Reed

West Virginia Law Review

No abstract provided.


The Affirmative Action/Quota Issue: Back To The Future In The Year 2000? (The Ben J. Altheimer Lecture), James E. Jones Jr. Apr 1993

The Affirmative Action/Quota Issue: Back To The Future In The Year 2000? (The Ben J. Altheimer Lecture), James E. Jones Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


Vol. 10, No. 2, David A. Youngerman Apr 1993

Vol. 10, No. 2, David A. Youngerman

The Illinois Public Employee Relations Report

Contents:

The Continuing Controversy over Labor Board Deferral to Arbitration—A Modest Contribution by the Illinois Educational Labor Relations Board, by David A. Youngerman

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan