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Articles 1 - 6 of 6
Full-Text Articles in Law
Believing Survivors: In Veterans Affairs Benefits Claims, No In-Service Report Is Required To Prove An Instance Of Military Sexual Trauma, Allysen Adrian
Believing Survivors: In Veterans Affairs Benefits Claims, No In-Service Report Is Required To Prove An Instance Of Military Sexual Trauma, Allysen Adrian
Marquette Benefits and Social Welfare Law Review
AZ v. Shinseki held that the Department of Veterans Affairs could not treat the absence of military documentation of an in-service sexual assault as proof that the assault never occurred. Nor can the Department of Veterans Affairs assert that a veteran’s decision not to report an instance of sexual trauma to military authorities is proof that the assault did not occur. A veteran’s submission of testimonial lay evidence can supplant the lack of report. This holding aligns with the Department of Veterans Affairs’ duty to consider all evidence in the file and to maximize benefits for the veteran.
You Catch More Flies With Honey: Reevaluating The Erroneous Premises Of The Military Exception To Title Vii, Craig Westergard
You Catch More Flies With Honey: Reevaluating The Erroneous Premises Of The Military Exception To Title Vii, Craig Westergard
Marquette Benefits and Social Welfare Law Review
Discrimination is a problem in the military. Though Title VII of the Civil Rights Act prohibits employment discrimination in the “military departments,” courts have held that the statute does not apply to members of the military. The primary justification for this judge-made exception is that Title VII suits might have an adverse effect on military discipline. In their haste to condemn suits for military discrimination, however, courts tend to overlook the negative effects discrimination has on discipline, as well as the positive effects of diversity. This Note calls upon Congress to abrogate the military exception to Title VII; in the …
The Teachers' Strike Of 2018 In Historical Perspective, Joseph Slater
The Teachers' Strike Of 2018 In Historical Perspective, Joseph Slater
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Where The Law Ends - Part 1: M&G; Polymers V. Tackett And Cnh Industrial V. Reese - Federal Labor Policy, The Interpretation Of Collective Bargaining Agreements, And The Failure Of Stare Decisis, Roger J. Mcclow
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Sign Or Else: Employment Arbitration In The Wake Of An Epic Decision, Brendan Williams
Sign Or Else: Employment Arbitration In The Wake Of An Epic Decision, Brendan Williams
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Comment: Microchipping Employees And Privacy Implications - Does My Boss Know Where I Am Right Now?, Samuel E. Simpson
Comment: Microchipping Employees And Privacy Implications - Does My Boss Know Where I Am Right Now?, Samuel E. Simpson
Marquette Benefits and Social Welfare Law Review
Existing law surrounding employee privacy does not adequately address privacy concerns raised by microchip programs. A handful of states have passed laws that prohibit mandatory employee microchipping programs, but the vast majority have not passed any preventative legislation. In states that have passed laws, the limited protections that do exist fail to address a wide range of issues that have not yet come up in the context of employer-provided technology. This comment will briefly overview employee privacy law to highlight some of the issues that will arise if the law remains untouched. Then, it will propose solutions that would serve …