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Articles 1 - 15 of 15
Full-Text Articles in Law
What The Awards Tell Us About Labor Arbitration Of Employment Discrimination Claims, Ariana R. Levinson
What The Awards Tell Us About Labor Arbitration Of Employment Discrimination Claims, Ariana R. Levinson
Ariana R. Levinson
This Article contributes to the debate over mandatory arbitration of employment-discrimination claims in the unionized sector. In light of the proposed prohibition on union waivers in the Arbitration Fairness Act, this debate has significant practical implications. Fundamentally, the Article is about access to justice. It examines 160 labor arbitration opinions and awards in employment-discrimination cases. The author concludes that labor arbitration is a forum in which employment-discrimination claims can be-and, in some cases, are-successfully resolved. Based upon close examination of the opinions and awards, the Article recommends legislative improvements in certain cases targeting statutes of limitations, compulsory process, remedies, class …
Matters Of Public Concern And The Public University Professor., Chris Hoofnagle
Matters Of Public Concern And The Public University Professor., Chris Hoofnagle
Chris Jay Hoofnagle
Seeks to answer whether a professor's expression is a matter of public concern in order to qualify for constitutional protection; discusses public concern cases involving faculty expression. Suggests that the professor bears a difficult burden in passing this threshold test and that the scope of professors' protected speech has consequently been limited. (EV)
Northwestern, O'Bannon And The Future: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein
Northwestern, O'Bannon And The Future: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein
Adam Epstein
Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees, George P. Roach
Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees, George P. Roach
George P Roach
Compensation Forfeiture:
Stacking Remedies Against Disloyal Agents and Employees
Abstract
Four cases against outlaw CEO’s who defrauded their companies are reviewed to show the major impact that compensation forfeiture contributes to the total package of remedies awarded. The dual goals of remedies for breach of fiduciary duty of compensation and deterrence result in multiple remedies, generally including a remedy at law to compensate and a remedy in equity to disgorge any benefit from the breach. For claims that the fiduciary or agent breached her duty of loyalty, a third remedy of compensation forfeiture can be added or ‘stacked’ on top …
Worker (Mis)Classification In The Sharing Economy: Trying To Fit Square Pegs Into Round Holes, Robert Sprague
Worker (Mis)Classification In The Sharing Economy: Trying To Fit Square Pegs Into Round Holes, Robert Sprague
Robert Sprague
Retaliatorily Discharged Employees’ Standing To Sue Under The Antitrust Laws, Gary Shaw
Retaliatorily Discharged Employees’ Standing To Sue Under The Antitrust Laws, Gary Shaw
Gary M. Shaw
No abstract provided.
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
William R. Corbett
The keynote speaker for the conference begins by reminding the audience that a mere quarter of a century earlier there was no federal law that expressly prohibited discrimination in employment based on physical appearance. Considering the difficulty of crafting and enacting an appearance-based employment discrimination law should lead to a fuller appreciation of not only our employment discrimination laws generally, but also the Americans with Disabilities Act specifically.
Personal Use Of Workplace Computers: A Threat To Otherwise Privileged Communications, Louise Hill
Personal Use Of Workplace Computers: A Threat To Otherwise Privileged Communications, Louise Hill
Louise L Hill
This article is an adaptation of "Gone but Not Forgotten: When Privacy, Policy and Privilege Collide" originally published in the Northwestern Journal of Technology and Intellectual Property, Volume 9, Issue 8, 2011
Professional And Academic Employee Inventions: Looking Beyond The Uk Paradigm, Justine Pila
Professional And Academic Employee Inventions: Looking Beyond The Uk Paradigm, Justine Pila
Justine Pila
The vast majority of inventions are devised by employees, raising the question who is entitled to patent them? Under the UK Patents Act 1977, the right to patent an invention lies primarily with its inventor(s). However, an exception exists for employee inventions to which section 39(1) applies. The recent decision of the Full Court of the Federal Court of Australia in UWA v Gray raises the question of the applicability of this provision in the university context, in respect of regular academic employees. In that case, the Court relied on UK authorities to support its conclusion that the University of …
Restoring Unions In America By Reforming Nonemployee Union Representative Access Rights To Employer Property, Jesse Dill
Restoring Unions In America By Reforming Nonemployee Union Representative Access Rights To Employer Property, Jesse Dill
Jesse Dill
Unions have lost the once strong position they held in the American workplace. Academics have long debated how to restore the National Labor Relations Act’s relevance in today’s global marketplace. Congress’s preferred solution seems to be the Employee Free Choice Act, which would reform the unionization voting process, but this proposal does not strike at the heart of the matter. Labor is losing the debate on the benefits of unionization for the average worker because it is operating on an uneven playing field where employers can exert undue influence on employees to prevent them from organizing with no real opportunity …
Who Are These People? New Generation Employees And Trade Secrets, Elizabeth A. Rowe
Who Are These People? New Generation Employees And Trade Secrets, Elizabeth A. Rowe
Elizabeth A Rowe
Traditional approaches to examining the efficacy of trade secret protection in the workplace are often focused on technological and process based measures. Indeed, much attention has focused on the use of technology, by itself, to stem trade secret misappropriation. This Article offers a novel approach to the problem by incorporating contextual factors that might be important to trade secret protection and focuses on the people. It also, for the first time, applies sociological theories about employee theft to trade secret misappropriation. Working from the outside in, the Article examines first the reported societal effects on the values of those workers …
Employee Privacy: The Need For Comprehensive Protection , Jeremy F. De Beer
Employee Privacy: The Need For Comprehensive Protection , Jeremy F. De Beer
Jeremy de Beer
Society has begun to pay more attention to privacy. This is especially true in the context of the employment relationship, where a power imbalance creates a greater need for privacy protection. Although some steps have been taken, Canadian lawmakers have fallen short in their efforts to safeguard the privacy of all employees. Employees are presently protected by a piecemeal scheme of legislative, common law and market-based mechanisms, which leaves a substantial gap in the Canadian privacy framework. The only tenable solution is for each province to enact laws that address privacy in the employment context, using recently enacted federal legislation …
Contractarians, Communitarians And Agnostics, Alan E. Garfield
Contractarians, Communitarians And Agnostics, Alan E. Garfield
Alan E Garfield
This is a review of the Special Issue on the Corporate Stakeholder Debate: The Classical Theory and Its Critics, 43 AM. J. COMP. L. 150 (1995). While I find all of the contributions to the symposium thoughtful and provocative, I ultimately found the arguments weakened by their lack of empirical support. For so many of the questions posed in the symposium, the empirical data needed to furnish answers was either absent or conflicting. This deficiency left the articles seeming artificial: elegant theories floating without an anchor. I finished the symposium neither a converted contractarian nor communitarian, but an agnostic – …
Fair Dealing In Employment Associations: The Reciprocity Of Respect, John F. Nivala
Fair Dealing In Employment Associations: The Reciprocity Of Respect, John F. Nivala
John F. Nivala
No abstract provided.
Time At A Premium: The Arbitration Of Overtime And Premium Pay Disputes, Roger Abrams, Dennis Nolan
Time At A Premium: The Arbitration Of Overtime And Premium Pay Disputes, Roger Abrams, Dennis Nolan
Roger I. Abrams
This article continues the joint work of Professors Abrams and Nolan concerning the major issues addressed in labor arbitration. Unionized workplaces often include in their collective bargaining agreements provisions for the payment of premium pay to employees who work in certain situations, such as overtime hours beyond the normal workday or work week or hours worked when employees are called-in to work during non-working hours. The resolution of these disputes requires careful attention to the terms used by parties in their agreements within the context of the basic purposes of such provisions and an understanding of how they generally operate …