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Labor and Employment Law Commons

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Full-Text Articles in Labor and Employment Law

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller Nov 2011

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Elisabeth Keller

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …


Workers' Compensation And Hoffman Plastic: Pandora's Undocumented Box, Oliver Beatty Dec 2010

Workers' Compensation And Hoffman Plastic: Pandora's Undocumented Box, Oliver Beatty

Oliver T Beatty

The focus of this Comment is whether Hoffman Plastic, which was decided in regard to unionization and back pay, is properly applied when its rationale is utilized in litigation across the country by employers to preclude workers' compensation payments to injured undocumented workers. This Comment examines the rationale and policy from courts across the nation in determining whether Hoffman Plastic belongs in workers' compensation cases, when such an application has serious consequences for workplace safety and state police power. Part I of this Comment discusses the historical background of federal immigration and labor statutes examined in the Hoffman Plastic decision. …


Workplace Consequences Of Electronic Exhibitionism And Voyeurism, William A. Herbert Dec 2010

Workplace Consequences Of Electronic Exhibitionism And Voyeurism, William A. Herbert

William A. Herbert

The popularity of email, blogging and social networking raises important issues for employers, employees and labor unions. This article will explore contemporary workplace issues resulting from the related social phenomena of electronic exhibitionism and voyeurism. It will begin with a discussion of the international social phenomenon of individuals electronically distributing their personal thoughts, opinions, and activities to a potential worldwide audience while at the same time retaining a subjective sense of privacy. The temptation toward such exhibitionism has been substantially enhanced by the advent of Web 2.0. The article then turns to the legal implications of electronic voyeurism including employer …