Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Georgetown University Law Center (5)
- Schulich School of Law, Dalhousie University (4)
- Selected Works (3)
- Seattle University School of Law (2)
- SelectedWorks (2)
-
- Aga Khan University (1)
- Claremont Colleges (1)
- New York Law School (1)
- Pepperdine University (1)
- Roger Williams University (1)
- St. John's University School of Law (1)
- University of Massachusetts School of Law (1)
- University of Montana (1)
- University of New Hampshire (1)
- University of Pennsylvania Carey Law School (1)
- University of Rhode Island (1)
- University of Richmond (1)
- University of Southern Maine (1)
- University of the District of Columbia School of Law (1)
- Publication Year
- Publication
-
- Dalhousie Law Journal (4)
- Memos and Fact Sheets (4)
- Seattle University Law Review (2)
- All Faculty Scholarship (1)
- Community Health Sciences (1)
-
- D'Andre Devon Lampkin (1)
- Dignity: A Journal of Analysis of Exploitation and Violence (1)
- Graduate Student Portfolios, Professional Papers, and Capstone Projects (1)
- Law Faculty Scholarship (1)
- Law School Blogs (1)
- Muskie School Capstones and Dissertations (1)
- NYLS Law Review (1)
- Pepperdine Law Review (1)
- Published Reports (1)
- Rodolfo C. Rivas (1)
- Scripps Senior Theses (1)
- Shlomit Yanisky-Ravid Professor of Law (1)
- St. John's Law Review (1)
- Susanne Bruyère (1)
- University of Massachusetts Law Review (1)
- University of Richmond Law Review (1)
- University of the District of Columbia Law Review (1)
- VED PRAKASH (1)
- Publication Type
- File Type
Articles 1 - 30 of 30
Full-Text Articles in Law
Privacy In Pandemic: Law, Technology, And Public Health In The Covid-19 Crisis, Tiffany C. Li
Privacy In Pandemic: Law, Technology, And Public Health In The Covid-19 Crisis, Tiffany C. Li
Law Faculty Scholarship
The COVID-19 pandemic has caused millions of deaths and disastrous consequences around the world, with lasting repercussions for every field of law, including privacy and technology. The unique characteristics of this pandemic have precipitated an increase in use of new technologies, including remote communications platforms, healthcare robots, and medical Al. Public and private actors alike are using new technologies, like heat sensing, and technologically influenced programs, like contact tracing, leading to a rise in government and corporate surveillance in sectors like healthcare, employment, education, and commerce. Advocates have raised the alarm for privacy and civil liberties violations, but the emergency …
Recommendations: Putting An End To Child Labour In Pakistan!, Meesha Iqbal, Zafar Fatmi, Kausar S. Khan, Asaad Ahmed Nafees, Neelma Amjad
Recommendations: Putting An End To Child Labour In Pakistan!, Meesha Iqbal, Zafar Fatmi, Kausar S. Khan, Asaad Ahmed Nafees, Neelma Amjad
Community Health Sciences
Child labour is rampant in Pakistan since ages. Laws, policies, programmes and strategies to eliminate child labour have been in place with little gain. Implementation of laws and sustainability of programmes offer barriers to eliminate the menace. We recommend a new approach of regulating child labour as a strategy to eliminate it in the longer run. Model districts with drop-in-centres offering free education to the working children should be constructed. The key stakeholders should unite on a common platform to formulate guidelines defining the nature and duration of work for children in various sectors such that they have sufficient time …
Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria Mckinley Bigelow, Kinsey Anderson
Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria Mckinley Bigelow, Kinsey Anderson
Graduate Student Portfolios, Professional Papers, and Capstone Projects
Higher Education; University of Montana; Equity; Hiring; University; College; Montana; Missoula; Public Administration; Organization; Missoula; Diversity; Women; Policy
Corporate Lessons For Public Governance: The Origins And Activities Of The National Budget Committee, 1919–1923, Jesse Tarbert
Corporate Lessons For Public Governance: The Origins And Activities Of The National Budget Committee, 1919–1923, Jesse Tarbert
Seattle University Law Review
There is a peculiar disconnect between the way specialists view the 1920s and the way the decade is understood by non-specialists and the general public. Casual observers tend to view the 1920s as a conservative or reactionary interlude between the watershed reform periods of the Progressive Era and New Deal. Although many scholars have abandoned the traditional view of the 1920s, their work has not yet penetrated the generalizations of non-specialists. Even readers familiar with specialist accounts portraying the New Era as the age of “corporate liberalism” or the “Associative State” tend to view these concepts as just another way …
Looking Forward In A Failing World: Adolf A. Berle, Jr., The United States, And Global Order In The Interwar Years, Jessica Wang
Looking Forward In A Failing World: Adolf A. Berle, Jr., The United States, And Global Order In The Interwar Years, Jessica Wang
Seattle University Law Review
This essay explores Berle’s understanding of American power and its relationship to global order in the era between the First and Second World Wars. I first survey the history of progressive internationalism in the 1920s in order to situate Berle’s approach to U.S. foreign relations and global affairs, before proceeding to a close examination of Berle’s immediate response to the aftermath of World War I, and then his foreign policy activities as part of the Roosevelt administration in the late 1930s and early 1940s. My analysis focuses in particular on his public efforts to promote a transformative vision of global …
Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky
Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky
Law School Blogs
No abstract provided.
Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron
Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron
St. John's Law Review
(Excerpt)
This Note argues that the legislature should add a provision to New York’s Workers’ Compensation Act that expressly precludes jurors from coverage. Such a provision would comport with the policy underlying the statute, the statute’s structure, and the statute’s language. Moreover, that legislative provision would prevent the court from wasting the considerable time and expense of grappling with other courts’ inconsistent interpretations of workers’ compensation statutes and their underlying policies. First, Part I of this Note provides an overview of the workers’ compensation law and explores the policies underlying the advent of workers’ compensation statutes. Then, Part II surveys …
Babies Aren't U.S., Zachary J. Devlin
Babies Aren't U.S., Zachary J. Devlin
University of Massachusetts Law Review
Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …
Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina
Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin
What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin
D'Andre Devon Lampkin
The purpose of this research project is to discuss the challenges law enforcement face when attempting to address quality of life issues for residents residing in and around Section 8 federal housing. The paper introduces readers to the purpose of Section 8 housing, the process in which residents choose subsidized housing, and the legal challenges presented when law enforcement agencies are assisting city government to address quality of life issues. For purposes of this research project, studies were sampled to illustrate where law enforcement participation worked and where law enforcement participation leads to unintended legal ramifications.
The Contract Of Employment At The Supreme Court Of Canada: Employee Protection And The Presumption Of Employer Freedom, Gillian Demeyere
The Contract Of Employment At The Supreme Court Of Canada: Employee Protection And The Presumption Of Employer Freedom, Gillian Demeyere
Dalhousie Law Journal
This article critically examines the Supreme Court of Canada's treatment of the contract of employment in its wrongful dismissal jurisprudence over the last 25 years, with the aim of challenging the view that only by exempting the contract of employment from the ordinary workings of contract doctrine or by resorting to public policy considerations can the common law of dismissal provide adequate protection for employees. The Court's jurisprudence reveals a commitment to what this paper calls the presumption of employer freedom, a view of the contract of employment which has its origins in the status-based master and servant relationship and …
Revisiting The War On Poverty: How Policy Can Better Shape The Income And Wages Of Families With Children, Joy Moses
University of the District of Columbia Law Review
Fifty years ago, President Lyndon B. Johnson launched a "War on Poverty" while delivering his first State of the Union address on January 8, 1964. His language conveyed ambitious plans to recreate American society:This budget, and this year's legislative program, are designed to help each and every American citizen fulfill his basic hopes-his hopes for a fair chance to make good; his hopes for fair play from the law; his hopes for a full-time job on full-time pay; his hopes for a decent home for his family in a decent community; his hopes for a good school for his children …
To Read Or Not To Read: Privacy Within Social Networks, The Entitlement Of Employees To A Virtual “Private Zone” And The Balloon Theory, Shlomit Yanisky-Ravid
To Read Or Not To Read: Privacy Within Social Networks, The Entitlement Of Employees To A Virtual “Private Zone” And The Balloon Theory, Shlomit Yanisky-Ravid
Shlomit Yanisky-Ravid Professor of Law
Social networking has increasingly become the most common venue of self-expression in the digital era. Although social networks started as a social vehicle, they have recently become a major source for employers to track personal data ("screening") of applicants, employees or former employees.
This article addresses the questions of whether this casual business routine harms employees' rights to privacy with regard to data users post in social networks, what the drawbacks of this routine may be, and why and how privacy rights should be protected to secure private zones within the virtual sphere. The article suggests that a privacy right …
Public Pensions And Debt In The State Of Maine, Ryan Knaus
Public Pensions And Debt In The State Of Maine, Ryan Knaus
Muskie School Capstones and Dissertations
Maine has taken important steps in recent years to reduce indebtedness and adequately fund their Public Employee Pension System (MainePERS), and is well-positioned relative to other U.S. states. The challenge for the State is to continue financing MainePERS and existing UALs with the same commitment, diligence and prudence.
Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy
Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy
Pepperdine Law Review
No abstract provided.
Implementación De Políticas Corporativas Sobre Internet Y Redes Sociales En México, Rodolfo C. Rivas Rea Esq.
Implementación De Políticas Corporativas Sobre Internet Y Redes Sociales En México, Rodolfo C. Rivas Rea Esq.
Rodolfo C. Rivas
The author analyzes and describes the necessary elements of a successful social media and Internet corporate policy; through citing common pitfalls and learning lessons from different jurisdictions across the world. The author then offers general guidelines on policies for Mexican enterprises under Mexican legislation.///////////////////////////////////////////////////////////////////////////////////////El autor analiza y describe los elementos necesarios de una política corporativa sobre internet y redes sociales exitosa, citando los errores más comunes y aprendiendo lecciones de las legislaciones de distintos países.
Supply Vs. Demand: Re-Entering America's Prison Population Into The Workforce, Marissa Leigh Enfield
Supply Vs. Demand: Re-Entering America's Prison Population Into The Workforce, Marissa Leigh Enfield
Scripps Senior Theses
Because rejoining the workforce may prevent against ex-offender recidivism, securing gainful employment is one of the best indicators of successful societal reintegration for released prisoners. However, the stigma attached to a criminal history, combined with ex-prisoners’ lack of human capital, may threaten their ability to obtain a job. The present study examines hiring managers’ attitudes towards previously imprisoned offenders applying for positions in their workplace. Using a combination of brief, fictional applicant biographies and surveys, this mixed-groups factorial study explores how hiring managers (N= 28) consider gender, type of offense, and race when an ex-offender is assessed during the application …
The Genetic Information Nondiscrimination Act (Gina): Public Policy And Medical Practice In The Age Of Personalized Medicine, Eric A. Feldman
The Genetic Information Nondiscrimination Act (Gina): Public Policy And Medical Practice In The Age Of Personalized Medicine, Eric A. Feldman
All Faculty Scholarship
Survey data suggest that many people fear genetic discrimination by health insurers or employers. In fact, such discrimination has not yet been a significant problem. This article examines the fear and reality of genetic discrimination in the United States, describes how Congress sought to prohibit such discrimination by passing the Genetic Information Nondiscrimination Act of 2008 (GINA), and explores the implications of GINA for general internists and their institutions. It concludes that medical providers and health care institutions must be familiar with the general intent and specific terms of GINA, and should continue to collect genetic information that can contribute …
Collective Bargaining In The Shadow Of The Charter Cathedral: Union Strategies In A Post B.C. Health World, Michael Macneil
Collective Bargaining In The Shadow Of The Charter Cathedral: Union Strategies In A Post B.C. Health World, Michael Macneil
Dalhousie Law Journal
For the first twenty-five years after the Canadian Charter of Rights and Freedoms was enacted, it appeared that it would have little impact on Canadian labour laws. The Supreme Court of Canada took the view that the guarantee of freedom of association in the Charter did not include a right to strike and did notprovide protection for collective bargaining. Common law rules regulating picketing did not come within the scope of the Charter's rules on freedom of expression. Academic commentators were divided on whether this was a good or a bad thing, some espousing the hope that the Charter could …
Non-Majority Union Representation Conforms To Ilo Freedom Of Association Principles And (Potentially) Promotes Inter-Union Collaboration: New Zealand Lessons For Canada, Mark Harcourt, Helen Lam
Non-Majority Union Representation Conforms To Ilo Freedom Of Association Principles And (Potentially) Promotes Inter-Union Collaboration: New Zealand Lessons For Canada, Mark Harcourt, Helen Lam
Dalhousie Law Journal
North American union certification violates workers' freedom of association, a fundamental human right well established by the International Labour Organization (ILO); by denying workers the right to be represented when a majority of their co-workers does not favour a union. In Canada, the Supreme Court has drawn on ILO standards to recognize a constitutional right to bargain collectively and organize as part of freedom of association under section 2(d) of the Charter of Rights and Freedoms. However, such recognition of the ILO principles has, as yet, to translate into legislation that would provide non-exclusive, non-majority union representation, at least in …
India’S Foreign Direct Investments Policy In The Defence Sector, Ved Prakash
India’S Foreign Direct Investments Policy In The Defence Sector, Ved Prakash
VED PRAKASH
India is among the world's top 10 spenders on defence. Currently, India allows only 26 per cent Foreign Direct Investments (“FDI”) in the Defence Sector. The Indian Government is considering a proposal to allow 100 per cent FDI into the Defence Sector.
Workplace Flexibility: A Norm Of The American Workplace, Workplace Flexibility 2010, Georgetown University Law Center
Workplace Flexibility: A Norm Of The American Workplace, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
A PowerPoint slide-show that outlines the challenges, options, policies, solutions, and innovations associated with Flexible Work Arrangements.
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
NYLS Law Review
No abstract provided.
Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson
Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson
Published Reports
In 2009, workers and their families across the country felt the impact of serious economic downturn, with unemployment reaching a 26-year high. While recent news suggests things may be improving, we cannot forget that for many low-wage and hourly workers -- who now represent over a quarter of the U.S. workforce -- the recession only exacerbated their ongoing struggle to hold down quality jobs while caring for their families.
Low-wage workers face many of the same challenges that the rest of us face in reconciling our work, family and personal lives, but for many of these workers, it's simply a …
Flexible Work Arrangements (Fwas): Possible Public Policy Approaches, Workplace Flexibility 2010, Georgetown University Law Center
Flexible Work Arrangements (Fwas): Possible Public Policy Approaches, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
There is a range of ways in which public policy can help workplace flexibility become a norm in the American workplace. Indeed, the various bills introduced in the 110th Congress to increase access to FWAs, one component of workplace flexibility, represent a wide range of public policy approaches.
This document categorizes and characterizes these public policy approaches to help clarify the options that might be pursued to increase access to FWAs.
Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral
Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral
University of Richmond Law Review
No abstract provided.
Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne
Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne
Susanne Bruyère
In 1999, the Presidential Task Force on the Employment of Adults with Disabilities (PTFEAD) funded Cornell University to conduct a survey of federal sector HR and EEO representatives regarding their experience implementing the employment disability nondiscrimination requirements of the Americans with Disabilities Act of 1990(ADA) and the Rehabilitation Act of 1973, as amended. One of the recommendations from this research was to conduct a follow-up study of federal agency supervisors and managers about their experience in accommodation and employment of persons with disabilities in the federal sector, and in addition to inquire about their awareness of the series of Executive …
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.
Flexible Work Arrangements: A Definition And Examples, Workplace Flexibility 2010, Georgetown University Law Center
Flexible Work Arrangements: A Definition And Examples, Workplace Flexibility 2010, Georgetown University Law Center
Memos and Fact Sheets
Workplace Flexibility 2010 defines a “flexible work arrangement” (FWA) as any one of a spectrum of work structures that alters the time and/or place that work gets done on a regular basis. A flexible work arrangement includes:
1. flexibility in the scheduling of hours worked, such as alternative work schedules (e.g., flex time and compressed workweeks), and arrangements regarding shift and break schedules;
2. flexibility in the amount of hours worked, such as part time work and job shares; and
3. flexibility in the place of work, such as working at home or at a satellite location.
Our research indicates …
Arbitration Under The Canada Labour Code: A Neglected Policy And An Incomplete Legislative Framework, James E. Dorsey
Arbitration Under The Canada Labour Code: A Neglected Policy And An Incomplete Legislative Framework, James E. Dorsey
Dalhousie Law Journal
Arbitration under the Canada Labour Code' is an elusive subject. There is not independent text on law in the federal jurisdiction, where grievance arbitration is a neglected policy operating within an imcomplete legislative framework. The lack of prominence of a federal body of arbitral law and practice is readily exemplified by the fact that the federal law influence is frequently ignored or overlooked. A pertinent example is a 1976 case involving British Columbia Telephone Company and the Federation of Telephone Workers of British Columbia in which an arbitration board of three prominent members of the bar proceeded pursuant to the …