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Full-Text Articles in Law

Direct Threat Defense Under The Ada: Posing A Threat To The Protection Of Disabled Employees, The, Rene L. Duncan Nov 2008

Direct Threat Defense Under The Ada: Posing A Threat To The Protection Of Disabled Employees, The, Rene L. Duncan

Missouri Law Review

The Americans with Disabilities Act was passed with intentions of eliminating stereotypes and fear towards disabled individuals and their ability to function and contribute to society. In the employment context, the Act will not permit an employer to refuse to hire an individual solely because of that person's disability. However, it will permit the employer to defend such action when limitations caused by an individual's disability rise to the level of a direct threat to the safety of others. When an employer raises such a defense, circuit courts are split as to whether the burden of proving the existence or …


Will The Tax Man Cometh To Coach Rodriguez?, Douglas A. Kahn, Jeffrey H. Kahn Aug 2008

Will The Tax Man Cometh To Coach Rodriguez?, Douglas A. Kahn, Jeffrey H. Kahn

Articles

There has been much in the news recently about coaches of major college sports teams moving to a new school and incurring an obligation to make payment to their old school under a buyout provision in their contract. The most recent example is the highly publicized move of Richard Rodriguez from West Virginia University to the University of Michigan. Coach Rodriguez had a contract with his former employer that required him to pay $4 million dollars to West Virginia if he left for another coaching position. After a suit was filed, it was reported that the parties agreed that the …


The Newest Way To Screen Job Applicants: A Social Networker's Nightmare, Carly Brandenburg Jun 2008

The Newest Way To Screen Job Applicants: A Social Networker's Nightmare, Carly Brandenburg

Federal Communications Law Journal

Social networking is an easy way to share information with friends, family, and the company that just offered you an interview. Employers are utilizing all of the tools available to them as they strive to hire the right people, and this means that social networkers may need to self censor in order to protect their information from falling into the wrong hands. This Note questions whether social networkers can legally expect or enjoy any right to privacy with respect to their online postings.


Whistling While You Work: Expanding Whistleblower Laws To Include Non-Workplace-Related Retaliation After Burlington Northern V. White, Robert Johnson May 2008

Whistling While You Work: Expanding Whistleblower Laws To Include Non-Workplace-Related Retaliation After Burlington Northern V. White, Robert Johnson

University of Richmond Law Review

This comment will not attempt to harmonize the different standards or predict a future course of interpretation. Instead, it will address the existing disparity as an opportunity to amend whistleblower laws to provide meaningful protection against alltypes of retaliation, not just those that affect the whistleblower's terms or conditions ofemployment. With this broad goal as a basis, this comment will specifically advocate amending all federal whistleblower statutes' retaliation provisions to conform to Title VII's retaliation provision. This would eliminate the requirement that the retaliation affect the terms or conditions of employment and incorporate the public policy rationale outlined in Burlington …


Friend Or Foe: Reasonable Noncompete Restrictions Can Benefit Corporate In-House Counsel And Protect Corporate Employers, Barbara C. Bentrup Jan 2008

Friend Or Foe: Reasonable Noncompete Restrictions Can Benefit Corporate In-House Counsel And Protect Corporate Employers, Barbara C. Bentrup

Saint Louis University Law Journal

No abstract provided.


Enforcing Femininity: How Jespersen V. Harrah's Operating Co. Leaves Women In Typically Female Jobs Vulnerable To Workplace Sex Discrimination, Amy Lifson-Leu Jan 2008

Enforcing Femininity: How Jespersen V. Harrah's Operating Co. Leaves Women In Typically Female Jobs Vulnerable To Workplace Sex Discrimination, Amy Lifson-Leu

University of San Francisco Law Review

This Comment argues that the Ninth Circuit was mistaken in concluding that Jespersen fell outside of the Supreme Court's rule on sex-stereotyping discrimination under Title VII of the Civil Rights Act of 1964.


Erisa, Agency Costs, And The Future Of Health Care In The United States, John Bronsteen, Brendan S. Maher, Peter K. Stris Jan 2008

Erisa, Agency Costs, And The Future Of Health Care In The United States, John Bronsteen, Brendan S. Maher, Peter K. Stris

Fordham Law Review

Because so many Americans receive health insurance through their employers, the Employee Retirement Income Security Act (ERISA) of 1974 plays a dominant role in the delivery of health care in the United States. The ERISA system enables employers and insurers to save money by providing inadequate health care to employees, thereby creating incentives for these agents to act contrary to the interests of their principals. Such agency costs play a significant role in the current health care crisis and require attention when considering reform. We evaluate the two major health care reform movements by exploring the extent to which each …


Mandatory Arbitration: Why It's Better Than It Looks, Theodore J. St. Antoine Jan 2008

Mandatory Arbitration: Why It's Better Than It Looks, Theodore J. St. Antoine

Articles

"Mandatory arbitration" as used here means that employees must agree as a condition of employment to arbitrate all legal disputes with their employer, including statutory claims, rather than take them to court. The Supreme Court has upheld the validity of such agreements on the grounds that they merely provide for a change of forum and not a loss of substantive rights. Opponents contend this wrongfully deprives employees of the right to a jury trial and other statutory procedural benefits. Various empirical studies indicate, however, that employees similarly situated do about as well in arbitration as in court actions, or even …