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Full-Text Articles in Law
Arbitration Clauses In Ceo Employment Contracts: An Empirical And Theoretical Analysis, Randall Thomas, Erin O'Hara, Kenneth Martin
Arbitration Clauses In Ceo Employment Contracts: An Empirical And Theoretical Analysis, Randall Thomas, Erin O'Hara, Kenneth Martin
Vanderbilt Law Review
A bill currently pending in Congress would render unenforceable mandatory arbitration clauses in all employment contracts. Some perceive these provisions as employer efforts to deprive employees of important legal rights. Company CEOs are firm employees, and, unlike most other firm employees, they can actually negotiate their employment contracts, very often with attorney assistance. Moreover, many CEO employment contracts are publicly available, so they can be examined empirically. In this paper, we ask whether CEOs bargain to include binding arbitration provisions in their employment contracts. After exploring the theoretical arguments for and against including such provisions in these agreements, we use …
Facilitating Wage Theft: How Courts Use Procedural Rules To Undermine Substantive Rights Of Low-Wage Workers, Nantiya Ruan
Facilitating Wage Theft: How Courts Use Procedural Rules To Undermine Substantive Rights Of Low-Wage Workers, Nantiya Ruan
Vanderbilt Law Review
This Article examines this rising phenomenon by first outlining the pressing societal need for collective litigation to ensure In race and sex discrimination class actions, if a defendant employer makes a Rule 68 offer of judgment to the named plaintiffs, courts routinely refuse to dismiss the class claims. In stark contrast, in collective actions for failure to pay lawful wages, if a defendant employer makes a Rule 68 offer of judgment, courts will often dismiss the entire collective action as having been mooted by the named plaintiffs' recovery. The outcome of such a dichotomy is that low-wage workers are increasingly …
The United States Guest Worker Program: The Need For Reform, Elizabeth Johnston
The United States Guest Worker Program: The Need For Reform, Elizabeth Johnston
Vanderbilt Journal of Transnational Law
Although often marginalized, guestworkers are an integral part of the United States economy. In 2006 alone, the U.S. government certified visas for 18,736 temporary workers. The program expanded in subsequent years and continues to grow each year. Despite its broad scope, huge impact on the labor force, and the extensive existing legislation regarding it, the guestworker program has permitted most employers of guestworkers to eschew the regulations or find loopholes, resulting in a system that is largely exploitative. Abuse of workers begins in their home countries, intensifies during the period of employment, and often continues even after employment terminates. Workers …
Black And Brown Coalition Building During The Post-Racial Obama Era, Karla M. Mckanders
Black And Brown Coalition Building During The Post-Racial Obama Era, Karla M. Mckanders
Vanderbilt Law School Faculty Publications
This essay explores how the past Civil Rights Movement and discrimination against persons of color, mainly Latinos and African Americans, can help to address current forms of discrimination in our country. In particular, since the election of the first African American President, who also has immigrant parents, many people have claimed that we have reached a “post-racial” America. In the new post-racial America, proponents claim that the pre-Civil Rights Movement racial caste system of the sixties has been eradicated. In this context, this essay seeks to explore whether there is any link between the past experiences of African Americans with …
In Defense Of Transnational Domestic Labor Regulation, David J. Doorey
In Defense Of Transnational Domestic Labor Regulation, David J. Doorey
Vanderbilt Journal of Transnational Law
Transnational domestic labor regulation (TDLR) is unilateral regulation introduced by a government to influence labor practices in foreign jurisdictions. TDLR has the potential to empower foreign workers and influence the balance of power in foreign industrial relations systems in ways that might lead to improved labor conditions. Particularly interesting is the potential for TDLR to harness or steer private labor regulation--the many non-state sources of labor practice governance already active in shaping labor conditions within global supply chains. However, whether governments should try to influence foreign labor practices at all is a controversial question. This Article explores the arguments both …