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1999

Journal

Labor and Employment Law

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Articles 31 - 60 of 84

Full-Text Articles in Law

Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak Mar 1999

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 Mar 1999

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 Jan 1999

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 Jan 1999

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. Jan 1999

Labor Law And The Sports Industry, Robert D. Manfred Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.


Discipline In Sports, George Nicolau Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 …