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1999

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Labor and Employment Law

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Articles 1 - 30 of 84

Full-Text Articles in Law

Discrimination As Accident, Amy L. Wax Oct 1999

Discrimination As Accident, Amy L. Wax

Indiana Law Journal

No abstract provided.


Response To Professor Wax: Discrimination As Accident: Old Whine, New Bottle, Michael Selmi Oct 1999

Response To Professor Wax: Discrimination As Accident: Old Whine, New Bottle, Michael Selmi

Indiana Law Journal

No abstract provided.


Mandatory Arbitration Of Statutory Claims In The Union Workplace After Wright V. Universal Maritime Service Corp., Daniel Roy Oct 1999

Mandatory Arbitration Of Statutory Claims In The Union Workplace After Wright V. Universal Maritime Service Corp., Daniel Roy

Indiana Law Journal

No abstract provided.


Class War: Ontario Teachers And The Courts, Harry J. Glasbeek Oct 1999

Class War: Ontario Teachers And The Courts, Harry J. Glasbeek

Osgoode Hall Law Journal

In 1997, the government of Ontario met with unexpected opposition to its changes to the education system with the introduction of Bill 160, the Education Quality Improvement Act, culminating in a province-wide strike by teachers. In reaction, the government sought to divert the conflict into the courts. Although the teachers were initially successful in court, the strike was not, and many of the strikers' objectives were not met. The author argues that the law of injunctions and collective bargaining shifted and narrowed the scope of the conflict, and reduced the political power of the teachers. The litigation surrounding Bill 160 …


Career Paths For Women And Minorities In The New Millennium, Laura Kingsley Hong Sep 1999

Career Paths For Women And Minorities In The New Millennium, Laura Kingsley Hong

Buffalo Women's Law Journal

No abstract provided.


Burlington Industries, Inc. V. Ellerth: An Affirmative Defense Against Employer Liability For Supervisory Harassment, Joyelle K. Werner Jul 1999

Burlington Industries, Inc. V. Ellerth: An Affirmative Defense Against Employer Liability For Supervisory Harassment, Joyelle K. Werner

Mercer Law Review

In Burlington Industries, Inc. v. Ellerth, the Supreme Court held that an employer is vicariously liable for its supervisor's harassment that creates a hostile work environment, subject only to the affirmative defense that the employer "exercised reasonable care to prevent and correct" the harassment and that the "employee unreasonably failed to take advantage" of the employer's remedial procedure or corrective opportunities offered after the fact.


Employment Discrimination, Peter Reed Corbin, Richard L. Ruth Jul 1999

Employment Discrimination, Peter Reed Corbin, Richard L. Ruth

Mercer Law Review

The 1998 survey period presented an extremely active year in the employment discrimination arena, not only for the Eleventh Circuit, but also for the United States Supreme Court.' Three key decisions were rendered by the Supreme Court on sexual harassment and same-sex discrimination, and another decision was rendered on the arbitrability of ADA claims. Yet, ironically, in this year of inordinate Supreme Court activity in the field of labor and employment law, the Court's arbitration decision did not "live up to the hype" of being a landmark decision on the legality of mandatory predispute arbitration of statutory discrimination claims. On …


Labor Law, Stephen W. Mooney, Leigh Lawson Reeves Jul 1999

Labor Law, Stephen W. Mooney, Leigh Lawson Reeves

Mercer Law Review

This Article surveys the 1998 decisions of the United States Court of Appeals for the Eleventh Circuit that addressed issues in the areas of traditional labor law. This article specifically discusses decisions by the Eleventh Circuit under the Labor Management Relations Act ("LMRA"), the National Labor Relations Act ("NLRA"), the Fair Labor Standards Act of 1938 ("FLSA7), and the Employee Retirement Income Security Act of 1974 ("ERISA"). As in the years past, the Eleventh Circuit decided several cases that involved issues of interest in the area of traditional labor law. Due to page limitations, however, this Article cannot survey every …


Immigration, The Servant Problem, And The Legacy Of The Domestic Labor Debate: "Where Can You Find Good Help These Days!", Mary Romero Jul 1999

Immigration, The Servant Problem, And The Legacy Of The Domestic Labor Debate: "Where Can You Find Good Help These Days!", Mary Romero

University of Miami Law Review

No abstract provided.


Building A Community Through Workplace E-Mail: The New Privacy Frontier, Peter Schnaitman Jun 1999

Building A Community Through Workplace E-Mail: The New Privacy Frontier, Peter Schnaitman

Michigan Telecommunications & Technology Law Review

The relatively new technology of electronic mail (e-mail) presents an entirely new issue of workplace privacy. Currently, whether a person has a privacy interest in their workplace e-mail communications is as unsettled an issue as it has been since the technology emerged in the early part of this decade as the preferred mode of communication in the workplace. Indeed, e-mail may soon be the preferred mode of communication in general. This comment will argue that all e-mail users have a privacy interest in workplace e-mail communications and that the current law does not afford e-mail users any type of protection …


The 1998 Ilo Declaration On Fundamental Principles And Rights At Work: Promoting Labor Law Reforms Through The Ilo As An Alternative To Imposing Coercive Trade Sanctions, Christopher R. Coxson May 1999

The 1998 Ilo Declaration On Fundamental Principles And Rights At Work: Promoting Labor Law Reforms Through The Ilo As An Alternative To Imposing Coercive Trade Sanctions, Christopher R. Coxson

Penn State International Law Review

No abstract provided.


Working Without Rights: Recognizing Housestaff Unionization--An Argument For The Reversal Of "Cedars-Sinai Medical Center And St. Clare's Hospital", Jennifer A. Shorb May 1999

Working Without Rights: Recognizing Housestaff Unionization--An Argument For The Reversal Of "Cedars-Sinai Medical Center And St. Clare's Hospital", Jennifer A. Shorb

Vanderbilt Law Review

Increased competition in today's health care industry has contributed to the industry's growing emphasis on cost-containment. Concerns about this focus on the bottom line have motivated some caregivers to attempt to improve working conditions and the quality of patient care through unionization. One such group, "housestaff' or "house officers," is comprised of hospital interns, residents, and fellows. These individuals are medical school graduates seeking additional training for licensure and specialization. Housestaff are often overworked, underpaid, and forced to deal with working conditions that adversely affect patient care. Such conditions force many house officers to join union organizations and seek the …


Arbitration Agreements: When Do Employees Waive Their Wrights?, Michelle R. Mitchell May 1999

Arbitration Agreements: When Do Employees Waive Their Wrights?, Michelle R. Mitchell

Brigham Young University Journal of Public Law

No abstract provided.


The Downfall Of Grease Hazard Technicians And Product Delivery Specialists Or "Why French Fry Cooks And Pizza Delivery Guys Should Not Pad Their Resumes": Scrutinizing Crawford Rehabilitation Services, Inc. V. Weissman, Hoang Huynh May 1999

The Downfall Of Grease Hazard Technicians And Product Delivery Specialists Or "Why French Fry Cooks And Pizza Delivery Guys Should Not Pad Their Resumes": Scrutinizing Crawford Rehabilitation Services, Inc. V. Weissman, Hoang Huynh

Brigham Young University Journal of Public Law

No abstract provided.


The Rise Of America's Two National Pastimes: Baseball And The Law, Cleta Deatherage Mitchell May 1999

The Rise Of America's Two National Pastimes: Baseball And The Law, Cleta Deatherage Mitchell

Michigan Law Review

Mark McGwire's seventieth home run ball sold at auction in January of this year for $3,005,000. In late 1998, Baltimore Orioles owner Peter Angelos sued a former Orioles manager and his daughter in the circuit court of Cook County, Illinois. Angelos alleged that the original lineup card from the 1995 game when Cal Ripken, Jr., broke Lou Gehrig's consecutive game record belongs to the Orioles, not to the former manager and certainly not to his daughter. There may be no crying in baseball, but there is money. And wherever earthly treasure gathers two or more, a legal system arises. From …


There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca Hanner White Apr 1999

There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca Hanner White

William & Mary Bill of Rights Journal

In this Essay, Professor White argues that the Supreme Court finally has merged analysis of sexual harassment law with other claims of intentional discrimination. Professor White contends that the Court's decision in Meritor Savings Bank, FSB v. Vinson created confusion over the proper analysis of sexual harassment claims by seemingly embracing quid pro quo and hostile work environment theories as distinct forms of discrimination and by suggesting that at least some sexual harassment claims may warrant a revised approach to employer liability. In the wake of Meritor, sexual harassment claims increasingly were evaluated differently from other claims of disparate treatment, …


Taking Discrimination Seriously: Oncale And The Fate Of Exceptionalism In Sexual Harassment Law, Steven L. Willborn Apr 1999

Taking Discrimination Seriously: Oncale And The Fate Of Exceptionalism In Sexual Harassment Law, Steven L. Willborn

William & Mary Bill of Rights Journal

In both the case law and the literature, sexual harassment is treated as an exceptional and unique form of discrimination. In this Article, Professor Willborn expands on the Supreme Court's recent decision in Oncale v. Sundowner Offshore Services, Inc. to argue that this exceptionalism should be rejected and that harassment law should return to its roots in the broader body of antidiscrimination law. Professor Willborn begins by articulating the contours of a discrimination-centered model of sexual harassment and explaining how it differs from currently accepted views. He then reviews the Supreme Court's recent cases on sexual harassment, concluding that they …


Casey's Case: Taking A Slice Out Of The Pga Tour's No-Cart Policy, Tanya R. Sharpe Apr 1999

Casey's Case: Taking A Slice Out Of The Pga Tour's No-Cart Policy, Tanya R. Sharpe

Florida State University Law Review

No abstract provided.


Workers' Compensation—Who Has Jurisdiction To Determine Jurisdiction? The Arkansas Supreme Court Abandons A Rule Of Concurrent Jurisdiction And Adopts The Doctrine Of Primary Jurisdiction. Van Wagoner V. Beverly Enterprises, 334 Ark. 12, 970 S.W.2d 810 (1998)., Jill Jones Moore Apr 1999

Workers' Compensation—Who Has Jurisdiction To Determine Jurisdiction? The Arkansas Supreme Court Abandons A Rule Of Concurrent Jurisdiction And Adopts The Doctrine Of Primary Jurisdiction. Van Wagoner V. Beverly Enterprises, 334 Ark. 12, 970 S.W.2d 810 (1998)., Jill Jones Moore

University of Arkansas at Little Rock Law Review

No abstract provided.


Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner Apr 1999

Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner

University of Arkansas at Little Rock Law Review

No abstract provided.


The Globalization Of Baseball: Major League Baseball And The Mistreatment Of Latin American Baseball Talent, Arturo J. Marcano, David Fidler Apr 1999

The Globalization Of Baseball: Major League Baseball And The Mistreatment Of Latin American Baseball Talent, Arturo J. Marcano, David Fidler

Indiana Journal of Global Legal Studies

No abstract provided.


Private Amici Curaie And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss Apr 1999

Private Amici Curaie And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss

William & Mary Bill of Rights Journal

The amicus curiae brief has become a common occurrence in today's legal arena, especially with the proliferation of private interest groups that specialize in numerous topics of political and social interest. The substantial increase in the use of amici briefs, however, has sparked criticism concerning both the costs (in effort and resources) associated with filing these griefs and the persuasive effect (or lack thereof) the briefs have on the Court. Much of this criticism arises from the failure of many interest groups to posit "legal" arguments that apply the facts of a given case to the law. Instead, the amici …


Personal Liability For Sexual Harassment Under The Washington Law Against Discrimination, Darya V. Swingle Apr 1999

Personal Liability For Sexual Harassment Under The Washington Law Against Discrimination, Darya V. Swingle

Washington Law Review

Personal liability for sexual harassment stands at the forefront of employment law and the American political conscience. Title VII of the Civil Rights Act and the Washington Law Against Discrimination both enjoin employers from engaging in sexual harassment. The federal circuit courts have uniformly held that individual employees are exempt from personal liability for sexual harassment under Title VII because they do not fit the statutory definition of "employer." Washington courts have yet to address the issue under state law. This Comment argues that the correct interpretation of the Washington Law Against Discrimination bars individuals from personal liability for sexual …


Deliberate Intention Claims Based On Third-Party Criminal Acts: Blake V. John Skidmore Truck Stop, Inc., Philip R. Strauss Apr 1999

Deliberate Intention Claims Based On Third-Party Criminal Acts: Blake V. John Skidmore Truck Stop, Inc., Philip R. Strauss

West Virginia Law Review

No abstract provided.


Vandevender V. Sheetz, Inc.: A Closer Look At The Framework For Review Of Punitive Damages Awards, William B. Hicks Apr 1999

Vandevender V. Sheetz, Inc.: A Closer Look At The Framework For Review Of Punitive Damages Awards, William B. Hicks

West Virginia Law Review

No abstract provided.


The Same Actor Inference: A Mechanism For Employment Discrimination, Jennifer R. Taylor Apr 1999

The Same Actor Inference: A Mechanism For Employment Discrimination, Jennifer R. Taylor

West Virginia Law Review

No abstract provided.


Strengthening Title Vii: 1997-1998 Sexual Harassment Jurisprudence, Elizabeth D. Evans Apr 1999

Strengthening Title Vii: 1997-1998 Sexual Harassment Jurisprudence, Elizabeth D. Evans

William & Mary Bill of Rights Journal

No abstract provided.


Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky Apr 1999

Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky

William & Mary Bill of Rights Journal

The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring civil …


Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William R. Corbett Apr 1999

Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William R. Corbett

William & Mary Bill of Rights Journal

In this Essay, the author faces his nightmare exam question: he must define "sexual harassment" to the satisfaction of several potential graders with different perspectives on sexual harassment law. His valiant effort to justify his response leads him to a discussion of the federal law of vicarious liability for sexual harassment by supervisors after the Supreme Court's recent rejection of tort law respondeat superior analysis for such claims under Title VII. The author argues that, while the rejection of the tort standard for vicarious liability in Title VII claims removes the longstanding connection between Title VII law and state tort …


The Plain Meaning Of Oncale, Catherine J. Lanctot Apr 1999

The Plain Meaning Of Oncale, Catherine J. Lanctot

William & Mary Bill of Rights Journal

The unanimous Supreme Court opinion in Oncale v. Sundowner Offshore Services, Inc. caught many observers by surprise. Even more surprising than the Court's unanimity on the divisive issue of same-sex harassment, however, was the author of the opinion-the deeply conservative Justice Antonin Scalia. Many commentators suggest that the opinion's requirement that plaintiffs prove that the harassment was "because of sex" will hamper lawsuits arising from single-sex work environments. Attempts to fit the decision within traditional Title VII jurisprudence inevitably will be clouded by conjecture about Scalia's true intent. Indeed, after one year of experience with Oncale, the judicial record is …