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Articles 31 - 60 of 270
Full-Text Articles in Law
Form And Substance: Standards For Promotion And Retention Of Legal Writing Faculty On Clinical Tenure Track, Melissa H. Weresh
Form And Substance: Standards For Promotion And Retention Of Legal Writing Faculty On Clinical Tenure Track, Melissa H. Weresh
ExpressO
This article compares standards for promotion and retention of legal writing faculty on a clinical tenure track. The article provides a brief history of legal writing professionals and examines specific employment criteria such as teaching, service, and scholarship. The article makes recommendations regarding those criteria based upon an assessment of institutional realities and the historical development of the profession.
Flexible Work Arrangements: The Overview Memo, Workplace Flexibility 2010, Georgetown University Law Center
Flexible Work Arrangements: The Overview Memo, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
Many employees today have ongoing, predictable demands on their time outside of work. These demands may include dependent children, an ill family member, a long commute, a desire for increased education, or a commitment to community or religious activities. To meet these demands, and to get a paying job done, such individuals often need to work at a different time or in a different place than the traditional “9 am to 5 pm, five days/week, face time at the workplace” rubric.
In response to employee and employer needs and preferences, some employers provide what we call “Flexible placethat work gets …
Flexible Work Arrangements: Selected Case Studies, Jean Flatley Mcguire, Phyllis Brashler
Flexible Work Arrangements: Selected Case Studies, Jean Flatley Mcguire, Phyllis Brashler
Memos and Fact Sheets
Employees have shown a great desire for flexible work arrangements (FWAs). National data reveals that nearly 80% of workers say they would like to have more flexible work options and would use them if there were no negative consequences at work. However, most workers do not have access to flexible work arrangements and barriers to their effective implementation persist in many organizations as the following nationally representative employer-based survey data reveals.
The United Kingdom Flexible Working Act, Georgetown Federal Legislation Clinic
The United Kingdom Flexible Working Act, Georgetown Federal Legislation Clinic
Memos and Fact Sheets
In 2002, the United Kingdom passed new legislation granting employees with young or disabled children the right to request flexible work arrangements from their employers. The law does not guarantee a right to flexible working but seeks to increase flexibility in UK workplaces by requiring a process for negotiation between employees and employers. Stated simply, that process places the initial responsibility on the employee to propose a new work arrangement and explain its potential impact on the employer. The employee and employer must then consider the request together, and the employer may refuse the request only for certain business reasons.
Short Term Time Off: The Current State Of Play, Workplace Flexibility 2010, Georgetown University Law Center
Short Term Time Off: The Current State Of Play, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
Many people think of workplace flexibility as flexibility that is provided on a long term, regular basis — for example, flexibility provided through alternative work schedules, compressed workweeks, or part time positions. Under Workplace Flexibility 2010’s conceptualization, however, workplace flexibility also includes the ability to address day-to-day life needs on a short term basis.
Short term needs for flexibility are numerous: to recover from an illness; take care of a sick child; attend a school conference, funeral or medical appointment; wait for a repair person; or appear in court. Some needs may be anticipated; others will arise unexpectedly.
Corporations And Social Costs: The Wal-Mart Case Study, Benedict Sheehy
Corporations And Social Costs: The Wal-Mart Case Study, Benedict Sheehy
ExpressO
This article examines the role of the corporate vehicle in the creation of social costs. The article identifies some of the political commitments and philosophies behind the differing notions of corporations. Social costs are those activities which result from business activity and cause uncompensated harm to society. The founding contribution to the law and economics discussion by Ronald Coase is given a thorough treatment. The paper next, turns to the dominant explanation of corporate structure, namely the law and economics model developed expounded by Easterbrook and Fischel. It then applies the theoretical discussion in a case study of the world’s …
Tough Talk From The Supreme Court On Free Speech: The Illusory Per Se Rule In Garcetti As Further Evidence Of Connick’S Unworkable Employee/Citizen Speech Partition, Sonya K. Bice
ExpressO
Garcetti v. Ceballos was intended to clear up an area of First Amendment law so murky that it was the source not only of circuit splits but also of intra-circuit splits—panels from within the same circuit had arrived at opposite results in nearly identical cases. As it turned out, the Supreme Court itself was as splintered as the circuits. Of all the previously argued cases that remained undecided during the Court’s transition involving Justice O’Connor’s retirement and Justice Alito’s confirmation, Garcetti was the only one for which the Court ordered a second argument. This suggested to some that without a …
The "American Rule" That Swallows The Exception, Joseph E. Slater
The "American Rule" That Swallows The Exception, Joseph E. Slater
ExpressO
The “American” rule of employment at-will cripples the effectiveness of the two most important exceptions to that doctrine, the National Labor Relations Act and Title VII. Scholars often cite at-will as an area in which exceptions swallow the rule but ignore the opposite effect the rule has in undermining rights widely viewed as fundamental. This article goes beyond the standard critiques of the NLRA and Title VII and uses two other areas of law to make this case. The impact of at-will on private sector labor rights under the NLRA is shown by comparing public sector employment. Public sector labor …
Revisiting The Scrap Heap: The Decline And Fall Of Smith V. F.W. Morse & Co., Parker B. Potter Jr.
Revisiting The Scrap Heap: The Decline And Fall Of Smith V. F.W. Morse & Co., Parker B. Potter Jr.
The University of New Hampshire Law Review
[Excerpt] "One of the more difficult tasks facing a federal court is trying to predict how a state’s highest court would rule on a question of law it has not yet addressed. That difficulty is well illustrated by the history of Wenners v. Great State Beverages, Inc., and in particular, the interpretation of that opinion contained in Smith v. F.W. Morse & Co. [ . . . ]
This article begins with a close examination of Wenners and the two opinions on which Wenners relied for its now-canonical statement of the relationship between statutory and common law remedies. I continue …
Bizarro Statutory Stare Decisis, Jamie D. Prenkert
Bizarro Statutory Stare Decisis, Jamie D. Prenkert
ExpressO
In Smith v. City of Jackson, the Supreme Court applied to the Age Discrimination in Employment Act one of its decisions interpreting Title VII of the 1964 Civil Rights Act, which Congress had overridden with the Civil Rights Act of 1991. It treated Wards Cove Packing Co. v. Atonio, dealing with disparate impact theory and burdens of proof, as a binding interpretation of the ADEA, despite that Congress expressed disapproval of Wards Cove. The Court relied on two interpretive approaches to arrive at this result: the presumption that identical language in the ADEA and Title VII should be interpreted consistently …
The Relevance Of Laborem Exercens For Workers, Thomas Kohler
The Relevance Of Laborem Exercens For Workers, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Union Workplace Meets Big Brother: Advising Clients On Employer Conduct With Regard To Hidden Surveillance, Jamila Asha Johnson
The Union Workplace Meets Big Brother: Advising Clients On Employer Conduct With Regard To Hidden Surveillance, Jamila Asha Johnson
Washington Journal of Law, Technology & Arts
Hidden cameras may guide a union employer to find employee misconduct, but at what cost? Since the late 1990s, two federal appeals courts and the National Labor Relations Board (NLRB) have required employers to bargain with unions before using hidden video surveillance to observe employees. Until more recently, however, it was less apparent how lawyers should advise clients when an employer wished to use hidden cameras or had already installed non-disclosed video surveillance. In August 2005, the D.C. Circuit Court of Appeals decided a case surrounding surveillance at an Anheuser-Busch facility, which provided further guidance on these issues. This Article …
Recent Defined Benefit Pension Reform: Reasons And Results, Daniel B. Klaff
Recent Defined Benefit Pension Reform: Reasons And Results, Daniel B. Klaff
ExpressO
In the face of corporate bankruptcies, the Pension Benefit Guaranty Corporation (“PBGC”) assures workers that their defined benefit pensions will be protected. It is this fact which has motivated recent reform of the PBGC and the overarching defined benefit plan system by Congress. This paper explores those reforms by addressing the reasons for and results of the most recent reform which had as its primary aim restoring the fiscal solvency of the PBGC. The paper challenges popular accounts of the reform process while examining the results of such reform for important stakeholders without resorting to an overly technical discussion of …
Judith Johnson Ada Article, Judith Johnson
Volunteer Discrimination, Angela Onwuachi-Willig
Volunteer Discrimination, Angela Onwuachi-Willig
ExpressO
This Essay analyzes a debate regarding the potential racial motivations behind the new National Basketball Association (NBA) Dress Code. Specifically, this Essay examines whether the defense of the new NBA dress code by some Blacks—as pure business, free from racial discrimination—should be viewed as action negating other Blacks’ claims of improper racial motivation behind the policy. I contend that, rather than negating allegations of racism, the reactions of the policy-defending black NBA athletes and leaders only highlight the immense pressures that Blacks have in our society to perform their identity in a way that is racially palatable. In particular, I …
Charter Schools And Collective Bargaining: Compatible Marriage Or Illegitimate Relationship, Martin H. Malin, Charles Taylor Kerchner
Charter Schools And Collective Bargaining: Compatible Marriage Or Illegitimate Relationship, Martin H. Malin, Charles Taylor Kerchner
ExpressO
The rapid increase in charter schools has been fueled by the view that traditional public schools have failed because of their monopoly on public education. Charter schools, freed from the bureaucratic regulation that dominates traditional public schools, are viewed as agents of change that will shock traditional public schools out of their complacency. Among the features of the failed status quo are teacher tenure, uniform salary grids and strict work rules, matters that teacher unions hold dear. Yet unions have begun organizing teacher in charter schools. This development prompts the question whether unionization and charter schools are compatible.
In contrast …
Justice On The Job: Perspectives On The Erosion Of Collective Bargaining In The United States, Richard N. Block Editor, Sheldon Friedman Editor, Michelle Kaminski Editor, Andy Levin Editor
Justice On The Job: Perspectives On The Erosion Of Collective Bargaining In The United States, Richard N. Block Editor, Sheldon Friedman Editor, Michelle Kaminski Editor, Andy Levin Editor
Upjohn Press
This volume presents an influential group of researchers who examine the current state of workers’ freedom to form unions and bargain collectively. All of the researchers present empirical evidence to support their innovative ideas for advancing workers' rights.
Reasonable Burdens: Resolving The Conflict Between Disabled Employees And Their Co-Workers, Nicole Porter
Reasonable Burdens: Resolving The Conflict Between Disabled Employees And Their Co-Workers, Nicole Porter
ExpressO
This Article addresses one of the most difficult issues under the reasonable accommodation provision of the Americans with Disabilities Act (ADA): how to resolve the conflict that arises when accommodating a disabled employee negatively affects or interferes with the rights of other employees. Several scholars and the Supreme Court (in US Airways v. Barnett) have weighed in on this debate but their analyses fall short of the ultimate goal of this Article—to achieve equal opportunity for individuals with disabilities without unnecessarily interfering with the rights of other employees. In order to achieve that goal, this Article proposes a statutory amendment …
If You Work For The Government, Then Shut Your Mouth: Garcetti V. Ceballos And The Future Of Public Employee Speech, Joseph E. Hardgrave
If You Work For The Government, Then Shut Your Mouth: Garcetti V. Ceballos And The Future Of Public Employee Speech, Joseph E. Hardgrave
ExpressO
This article dismantles the majority's reasoning in Garcetti v. Ceballos. A theory is proposed to why the Court broke with prior precedence and the sweeping effect of the ambigous holding is examined.
Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme
Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme
Journal of Race, Gender, and Ethnicity
No abstract provided.
Data Note: Wia Employment Outcomes, Frank A. Smith
Data Note: Wia Employment Outcomes, Frank A. Smith
Data Note Series, Institute for Community Inclusion
The Workforce Investment Act (WIA) requires One-Stop system partners who provide employment services funded by the U.S. Department of Labor to report data on performance measures. These data include the rate of customers entering employment, their employment retention rate, and their rate of earning a work credential. WIA tracks a number of funding streams for different audiences. This Data Note focuses on adults in the general population and dislocated workers.
Sox, Statutory Interpretation, And The Seventh Amendment: Sarbanes-Oxley Act Whistleblower Claims And Jury Trials, Jarod S. Gonzalez
Sox, Statutory Interpretation, And The Seventh Amendment: Sarbanes-Oxley Act Whistleblower Claims And Jury Trials, Jarod S. Gonzalez
ExpressO
Section 806 of the Sarbanes-Oxley Act of 2002 prohibits a publicly-traded company from retaliating against an employee whistleblower who reports suspected corporate fraud to a company supervisor or to a governmental entity. The SOX whistleblower provision is unique in employment discrimination law in that Congress adopted a two-track civil enforcement system for whistleblowers. A complainant must initially pursue a claim in a Department of Labor administrative proceeding. The administrative proceeding involves a trial-like hearing before an administrative law judge and review of the judge's decision by the Administrative Review Board. However, if the Department of Labor does not make a …
As The Enterprise Wheel Turns: New Evidence On The Finality Of Labor Arbitration Awards, Michael H. Leroy
As The Enterprise Wheel Turns: New Evidence On The Finality Of Labor Arbitration Awards, Michael H. Leroy
ExpressO
Our study examines 281 federal court decisions from April 2001- May 2006 that ruled on challenges to labor arbitration awards. These award appeals are regulated by the Supreme Court’s Enterprise Wheel decision. District courts confirmed 77.6% of challenged awards, an increase of about 7 percentage points compared to our earlier studies of litigated awards from 1960 - 2001. The result was very similar for appellate cases— a confirmation rate of 76.3%, and nearly the same gain in percentage points.
These results clearly suggest that the Supreme Court’s rebuke of lower courts in Eastern Associated Coal Corp. (2000) and Garvey (2001) …
Don't Mourn --- Reorganize! An Introduction To The Next Wave Organizing Symposium Issue, Seth Harris
Don't Mourn --- Reorganize! An Introduction To The Next Wave Organizing Symposium Issue, Seth Harris
ExpressO
On January 27 and 28, 2005, New York Law School’s Labor & Employment Law Program, in cooperation with the Justice Action Center and the Institute for Information Law & Policy, presented the Next Wave Organizing Symposium. The Symposium brought together worker organizers, trade union officials, technologists, students, and scholars in law, industrial relations, economics, public policy, and other fields to tell the story of how, despite all of the forces arrayed against them, workers are organizing.
This article is the introduction to the Next Wave Organizing Symposium issue of the New York Law School Law Review. The purpose of the …
Compulsory Unionism As A Fraternal Conceit?, Harry G. Hutchison
Compulsory Unionism As A Fraternal Conceit?, Harry G. Hutchison
ExpressO
With the publication of Free Choice for Workers: a History of the Right to Work Movement, George Leef reexamines compulsory labor unions and to contest the justification offered in support of America’s labor laws. Leef’s perspective delegitimizes compulsory unionism on ethical and empirical grounds. Demonstrating that statutory compulsion fails to direct society toward progress, the book reveals that the road to serfdom can often be paved by bureaucratic regulation. Carefully examining history and contemporary events, this book contributes to the richly textured debate about the normative role of unions in a putatively free society. George Leef’s reassessment offers an essentially …
Governance Of Brazilian Pension Funds, Luciana Pires Dias
Governance Of Brazilian Pension Funds, Luciana Pires Dias
ExpressO
This paper analyzes theoretically and empirically the governance of pension funds in Brazil. It first demonstrates that the law allows sponsors (employers) to write contracts (by-laws) governing the relationships between the sponsors, the managers and the participants (employees) of the pension funds. It also explains that, from an agency theory perspective, this legal framework favors non-optimal governance structures, since sponsors do not bear the financial consequences of the contracts they create. As predicted, the empirical evidence reported in this thesis shows that sponsors use this authority to create contracts that minimize monitoring and maximize control over business decisions to the …
Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2004-2005 Report 1: Employment Outcomes Of People With Developmental Disabilities In Integrated Employment, Heike Boeltzig, Dana Scott Gilmore, John Butterworth
Research To Practice: The National Survey Of Community Rehabilitation Providers, Fy2004-2005 Report 1: Employment Outcomes Of People With Developmental Disabilities In Integrated Employment, Heike Boeltzig, Dana Scott Gilmore, John Butterworth
Research to Practice Series, Institute for Community Inclusion
Where do people with mental retardation and developmental disabilities work? What are their hours, wages, and benefits? This brief covers partial results from a survey that gives a snapshot of the outcomes for recently employed people with developmental disabilities.
No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert
No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert
Publications and Research
Increasingly, public and private employers are utilizing human tracking devices to monitor employee movement and conduct. Due to the propensity of American labor law to give greater weight toemployer property interests over most employee privacy expectations, there are currently few limitations on the use of human tracking in employment. The scope and nature of current legal principles regarding individual privacy are not sufficient to respond to the rapid development and use of human tracking technology. The academic use of the phrase “geoslavery” to describe the abusive use of such technology underscores its power. This article examines the use of such …
Vol. 23, No. 3, Barry E. Simon
Vol. 23, No. 3, Barry E. Simon
The Illinois Public Employee Relations Report
Contents:
Last Chance Agreements: Shape Up or Ship Out, by Barry E. Simon
Recent Developments
Further References, compiled by Yoo-Seong Song
Workplace Blogs And Workers' Privacy, Rafael Gely, Leonard Bierman
Workplace Blogs And Workers' Privacy, Rafael Gely, Leonard Bierman
Faculty Publications
In this article we focus on a related issue. We discuss the development of blogs, and the virtual “space” where blogs and bloggers interact the “blogosphere” and their impact on the issue of workers' privacy. To some extent it would seem a bit of a contradiction to talk about privacy and blogging in the same article. Blogging, as we will discuss below, does not appear to be the most private of enterprises. There are, we argue, a number of interesting privacy issues raised by the development of blogs as an employee communication tool and by the way employers have reacted …