Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Civil Rights (1)
- Civil Rights Act of 1964 (42 U.S.C. 2000e) (1)
- Collective bargaining (1)
- Countervailing power (1)
- Discrimination (1)
-
- Employer Liability (1)
- Employment (Economic theory) (1)
- Employment Discrimination (1)
- Entrepreneurship (1)
- Feminist Jurisprudence (1)
- Free enterprise (1)
- Human rights (1)
- Humiliation (1)
- Inventions (1)
- Labor (1)
- Labor unions (1)
- Legal Liability (1)
- Mental Distress (Law) (1)
- National Labor Relations Board (1)
- Patents (1)
- Psychological Abuse (1)
- Sex Discrimination (1)
- Torts (1)
- Trade secrets (1)
- United States (1)
Articles 1 - 7 of 7
Full-Text Articles in Labor and Employment Law
“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk
“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk
Catherine Fisk
A legal ideology emerged in the 1870s that celebrated contract as the body of law with the particular purpose of facilitating the formation of productive exchanges that would enrich the parties to the contract and, therefore, society as a whole. Across the spectrum of intellectual property, courts used the legal fiction of implied contract, and a version of it particularly emphasizing liberty of contract, to shift control of workplace knowledge from skilled employees to firms while suggesting that the emergence of hierarchical control and loss of entrepreneurial opportunity for creative workers was consistent with the free labor ideology that dominated …
Supervisors In A World Of Flat Hierarchies, Catherine L. Fisk
Supervisors In A World Of Flat Hierarchies, Catherine L. Fisk
Catherine Fisk
Under the National Labor Relations Act (“NLRA”), employees who are supervisors do not have the rights to join or assist labor unions or engage in other concerted activities for mutual aid and protection. The federal courts and the National Labor Relations Board (“NLRB”) have longstanding disagreements between and among them over how much authority over what types of working conditions is necessary to render one a supervisor. Recent cases reach conflicting results over issues such as whether nurses who can report co-workers for disciplinary infractions or can direct other employees to perform certain tasks are statutory supervisors who exercise independent …
Restoring Equity In Right-To-Work Law, Catherine L. Fisk, Benjamin I. Sachs
Restoring Equity In Right-To-Work Law, Catherine L. Fisk, Benjamin I. Sachs
Catherine Fisk
No abstract provided.
Reimagining Collective Rights In The Workplace, Catherine L. Fisk
Reimagining Collective Rights In The Workplace, Catherine L. Fisk
Catherine Fisk
No abstract provided.
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Catherine Fisk
No abstract provided.
Humiliation At Work, Catherine L. Fisk
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
Catherine Fisk
The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring civil …