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- Maurice A. Deane School of Law at Hofstra University (16)
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- University of Michigan Law School (5)
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- Keyword
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- Labor arbitration (7)
- Sexual harassment (7)
- Sports (7)
- Civil Rights Act of 1964 (42 U.S.C. 2000e) (5)
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- Employment Discrimination (4)
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- Publication
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- Hofstra Labor & Employment Law Journal (16)
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- American University Journal of Gender, Social Policy & the Law (5)
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- Cleveland State Law Review (3)
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- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
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Articles 31 - 60 of 84
Full-Text Articles in Law
Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak
Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak
Federal Communications Law Journal
While the computer and Internet have served as the foundation for a more efficient and effective workplace, they have also wreaked havoc on employers. Employees are increasingly using work-related time to enter the Information Superhighway to commit criminal acts upon third parties outside the employer’s business. Can an employer be held liable for such acts when they are committed using the employer’s computer and Internet system? While the doctrine of respondeat superior may shield employers from liability, the theory of negligent retention or supervision may allow injured parties a second bite at the employer liability apple. Because legislatures and courts …
Arbitration And The Goals Of Employment Discrimination Law, Geraldine Szott Moohr
Arbitration And The Goals Of Employment Discrimination Law, Geraldine Szott Moohr
Washington and Lee Law Review
No abstract provided.
The Importance Of Updating Sexual Harassment Policies To Thwart Same-Sex Sexual Harassment Claims, Kenneth Band
The Importance Of Updating Sexual Harassment Policies To Thwart Same-Sex Sexual Harassment Claims, Kenneth Band
Hofstra Labor & Employment Law Journal
No abstract provided.
Mixing Law And Art: The Role Of Anti-Discrimination Law And Color-Blind Casting In Broadway Theater, Bonnie Chen
Mixing Law And Art: The Role Of Anti-Discrimination Law And Color-Blind Casting In Broadway Theater, Bonnie Chen
Hofstra Labor & Employment Law Journal
No abstract provided.
Labor Law And The Sports Industry, Robert D. Manfred Jr.
Labor Law And The Sports Industry, Robert D. Manfred Jr.
Hofstra Labor & Employment Law Journal
No abstract provided.
Discipline In Sports, George Nicolau
Discipline In Sports, George Nicolau
Hofstra Labor & Employment Law Journal
No abstract provided.
Civil Rights Law And Breaking Down Patterns Of Segregation: The Case Of Nepotism, Seth Kupferberg
Civil Rights Law And Breaking Down Patterns Of Segregation: The Case Of Nepotism, Seth Kupferberg
Hofstra Labor & Employment Law Journal
No abstract provided.
The Ramification Of National Basketball Association Labor Relations, David L. Gregory, Robert J. Nobile
The Ramification Of National Basketball Association Labor Relations, David L. Gregory, Robert J. Nobile
Hofstra Labor & Employment Law Journal
No abstract provided.
Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur
Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur
Hofstra Labor & Employment Law Journal
No abstract provided.
The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien
The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien
Hofstra Labor & Employment Law Journal
Federal courts have grappled with the issue of whether claims under the Americans with Disabilities Act should be barred, or judicially estopped, by the plaintiff's earlier application for or receipt of disability benefits. This is a particularly vexing problem since recipients of disability benefits are presumed to be disabled even though they are not disabled for a particular job. These individuals, who are social security recipients and still, are qualified for a job yet they suffer adverse employment decisions in violation of the Americans with Disabilities Act. This article clarifies the law based on the Supreme Court decision, Cleveland v. …
Foreward: Discipline In Professional Sports, Alfred G. Feliu
Foreward: Discipline In Professional Sports, Alfred G. Feliu
Hofstra Labor & Employment Law Journal
No abstract provided.
Employment Discrimination Law—Title Vii And Same-Sex Sexual Harassment—Closing The Great Divide: What To Do In A Same-Sex Sexual Harassment Case. Oncale V. Sundowner Offshore Services, Inc., 118 S. Ct. 998 (1998)., Tracey Williams Overman
Employment Discrimination Law—Title Vii And Same-Sex Sexual Harassment—Closing The Great Divide: What To Do In A Same-Sex Sexual Harassment Case. Oncale V. Sundowner Offshore Services, Inc., 118 S. Ct. 998 (1998)., Tracey Williams Overman
University of Arkansas at Little Rock Law Review
No abstract provided.
Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik
Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik
Loyola University Chicago Law Journal
No abstract provided.
Harassment And Constitutional Tort: The Other Jurisprudence, Mark M. Hager
Harassment And Constitutional Tort: The Other Jurisprudence, Mark M. Hager
Hofstra Labor & Employment Law Journal
No abstract provided.
What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner
What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner
Michigan Journal of Gender & Law
This article is aimed at the general question: whether having a woman judge would make a difference in sexual harassment cases. This article is aimed at this general question, the response to which has been elusive: Does the race, gender, or other background characteristics of a judge make a difference in the outcome of cases? The effects of diversity on the bench are just becoming measurable. Many legal scholars have assumed diversity will make a difference. While this conclusion may seem commonsensical, it is important to be able to support such assertions with actual data. The supposition has been that …
The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould
The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould
Michigan Journal of Gender & Law
On March 30, 1995, newspaper headlines declared that hate speech regulations were dead. After six years of litigating over university hate speech codes, Stanford University's rule, one of the most modest and cautiously drafted, had been declared unconstitutional by a California Superior Court. Hate speech regulation is far from over. To the contrary, hate speech rules not only continue to exist, but the courts regularly enforce their provisions. The difference is that these cases are largely restricted to a single category-sexual harassment. Under Title VII of the Civil Rights Act of 1964, and with the regulatory support of the Equal …
The Perception And Reality Of Discipline In Sports, Gene Orza
The Perception And Reality Of Discipline In Sports, Gene Orza
Hofstra Labor & Employment Law Journal
No abstract provided.
Contracting Mediation: The Impact Of Different Statutory Regimes, Ellen J. Dannin
Contracting Mediation: The Impact Of Different Statutory Regimes, Ellen J. Dannin
Hofstra Labor & Employment Law Journal
The United States is commited to increasing institutionalized use of alternative dispute resolution (ADR), most often based on the claim that it is superior to and different from traditional litigation. Mediation in particular is supposed in the popular view to be user-friendly, nonadversarial, and conducive to optimal, wholistic resolutions. Litigation, in contrast, is supposed to be slow, costly to all, impersonal, formal, legalistic, and incapable of giving complete or satisfactory resolutions. This implicitly assumes that ADR and litigation are discrete processes, each with uniform and intrinsic natures. This, in turn suggests an assumption that they retain these qualities under all …
Evolution In The Civil Rights Revolution: The Survival Of Employment Discrimination Claims For Pain And Suffering, Michael D. Moberly
Evolution In The Civil Rights Revolution: The Survival Of Employment Discrimination Claims For Pain And Suffering, Michael D. Moberly
Hofstra Labor & Employment Law Journal
No abstract provided.
Genetic Discrimination In The Workplace: An Overview Of Existing Protections, Melinda B. Kaufmann
Genetic Discrimination In The Workplace: An Overview Of Existing Protections, Melinda B. Kaufmann
Loyola University Chicago Law Journal
No abstract provided.
The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado
The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Balancing Efficiency And Justice: In Support Of The Equal Employment Opportunity Commission's Policy Statement Regarding Mandatory Arbitration And Employment Contracts , Gina K. Janeiro
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman
Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Naked Feminism: The Unionization Of The Adult Entertainment Industry, Holly J. Wilmet
Naked Feminism: The Unionization Of The Adult Entertainment Industry, Holly J. Wilmet
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Genetic Monitoring In The Workplace: A Tool Not A Solution, Lillian Trettin, Catherine Musham, Richard Jablonski
Genetic Monitoring In The Workplace: A Tool Not A Solution, Lillian Trettin, Catherine Musham, Richard Jablonski
RISK: Health, Safety & Environment (1990-2002)
The authors differentiate between genetic monitoring and screening, and discuss the potential risks and benefits of predictive testing technologies.
Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax
Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax
Villanova Law Review
No abstract provided.
Litigating Against Employment Penalties For Pregnancy, Breastfeeding And Childcare, Candace Saari Kovacic-Fleischer
Litigating Against Employment Penalties For Pregnancy, Breastfeeding And Childcare, Candace Saari Kovacic-Fleischer
Villanova Law Review
No abstract provided.
Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns
Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns
Campbell Law Review
Part II of this Article outlines the development of the federal IRS worker classification status and attendant issues. Part III introduces some initiatives taken by the IRS in an effort to settle cases with taxpayers. Part IV discusses the federal criminal sanctions that can be imposed on an individual or entity which fails to collect or pay over to the United States Treasury these employment trust fund taxes. In Part V, the status of worker classification in North Carolina is considered relative to cases filed primarily with the Employment Security Commission. Finally, in Part VI, some observations are offered regarding …
The Burdens Of Benefits, Edward J. Mccaffery
The Burdens Of Benefits, Edward J. Mccaffery
Villanova Law Review
No abstract provided.
How The Supreme Court's Reiteration Of Sexual Harassment Standards Affirmed In Faragher And Ellerth Would Have Led To Jones' Survival In Jones V. Clinton, Moira Mcandrew
Cleveland State Law Review
This note demonstrates that a cognizable claim of sexual harassment may be predicated on a severe, yet isolated episode of sexual harassment. In this inquiry, we will look to other Supreme Court and Appellate Court decisions regarding sexual harassment law to support the conclusion that a single incident of sexual harassment can constitute an actionable hostile work environment claim. Part II traces the background of sexual harassment law, including what constitutes actionable discrimination and the applicable standards of a hostile work environment claim. Part III outlines the Supreme Court's analysis of actionable employment discrimination based on sexual harassment under Title …