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Articles 1 - 9 of 9
Full-Text Articles in Labor and Employment Law
Working Through The Supreme Court's 2021 Term, Nicole B. Porter
Working Through The Supreme Court's 2021 Term, Nicole B. Porter
Faculty Publications
Despite the controversy surrounding the Supreme Court's 2021 term, the labor and employment cases, in comparison, might seem relatively uneventful. Although there are several cases summarized below, most of them deal with relatively minor issues surrounding arbitration, or with lesser litigated statutes, such as USERRA and ERISA. This review also includes a summary of the administrative law case regarding the Environmental Protection Act because it could (and perhaps likely will) have ramifications for labor and employment law.
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This review proceeds in two additional parts. Part II of this review summarizes the opinions from the 2021 term. At the end …
Reality’S Bite, Kerri Lynn Stone
Reality’S Bite, Kerri Lynn Stone
Faculty Publications
The realities of the workplace have been captured by years of socio-scientific, industrial organizational, and other psychological research. Human behavior and thought, interpersonal dynamics, and organizational behavior, with all of their nuances and fine points, are now better understood than they have ever been before, but unless they are used to inform and buttress the rules of law and interpretations promulgated by courts, Title VII’s ability to successfully regulate the workplace to rid it of discrimination will be threatened. This article expands upon that premise, lamenting judges, and specifically justices having eschewed available research and other insights into workplace realities, …
Supreme Court's 2002 Term Employment Law Cases: Is This Justice Scalia's Court?, Rafael Gely
Supreme Court's 2002 Term Employment Law Cases: Is This Justice Scalia's Court?, Rafael Gely
Faculty Publications
In a recent article,' Erwin Chemerinsky argues that the Supreme Court's constitutional law decisions of the 2002 Term "cannot be explained by any overarching theory or underlying set of interpretative principles." Instead, he argues, "constitutional law is all about value choices made by the Justices." Professor Chemerinsky also argues that given the current composition of the Court, "it is the value choices of the middle" - Justice O'Connor and Justice Kennedy - that matter the most. Professor Chemerinsky ends his article with the assertion that "[f]or better or worse, this really is the O'Connor Court." In reviewing the cases decided …
Supreme Court Employment Law Cases 2001-02 Term, Rafael Gely
Supreme Court Employment Law Cases 2001-02 Term, Rafael Gely
Faculty Publications
I set two simple objectives for the article. First, the article will summarize each of the cases. My intent is to provide those unfamiliar with the cases a brief review of the facts and a summary of the Court's reasoning. Parts II through VI provide this discussion, grouping the cases by subject area. Second, in Part VII, the article provides a "big picture" analysis of the various cases. My intent is to identify trends, issues, interesting aspects and features of the Court's term. My objective is to aid in our understanding of the patterns that might affect the Court's treatment …
Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein
Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein
Faculty Publications
No abstract provided.
Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks
Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks
Faculty Publications
No abstract provided.
The Possible Final Word On Employment Discrimination Relief, Neal Devins
The Possible Final Word On Employment Discrimination Relief, Neal Devins
Faculty Publications
No abstract provided.
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Faculty Publications
No abstract provided.
Are Residential Quotas Constitutional?, Neal Devins
Are Residential Quotas Constitutional?, Neal Devins
Faculty Publications
No abstract provided.