Labor and Employment Law Commons^™

Accommodating Respectful Religious Expression In The Workplace, Nantiya Ruan

Scholarly Works

This Article makes the case for judicial recognition of respectful religious expression in the workplace as more consistent with the Court's Establishment Clause jurisprudence and also more true to the legislative intent of the religious accommodation provisions of Title VII. Respectful religious pluralism in the workplace should become the norm through judicial requirements of best practices in the workplace. Such a view should be wholly supported by the majority of the Justices because it is consistent with their expressed views, in the Establishment Clause case law, that religion fosters moral good and that in a pluralistic society religious expression cannot …

A Snapshot Of The Nlrb's Laboratory Conditions Doctrine: Erroneous Assumptions Of Coercion In Surveillance Cases, Desiree Leclercq

Scholarly Works

Surveillance of employees has a long history. Both employers and unions have photographed employees who are engaged in union activities for as long as electronics have permitted. Allegations of illegal "surveillance" during union recognitional campaigns have steadily increased over the years, as both parties to the elections -- unions and employers -- accuse one another of engaging in campaign conduct that has coerced the voting employees. Because election campaigns are highly emotional for the employees and the parties, the appeal of documenting campaign activities is understandable: both parties want to ensure the legality of their actions while, perhaps, documenting suspected …

Against Legislation: Garcetti V. Ceballos And The Paradox Of Statutory Protection For Public Employees, Ruben J. Garcia

Scholarly Works

In Garcetti v. Ceballos, the Supreme Court denied constitutional protection to a deputy prosecutor named Richard Ceballos. In reaching its decision, the Court pointed to the plethora of statutory protections that were available to government whistleblowers. A closer examination of these statutory alternatives reveals that they will not protect Ceballos. This is the paradox of statutory protection in labor and employment law-more sometimes is less for vulnerable workers.

This Article places the Garcetti case in the historical trajectory of worker protection—from no protection to statutory protection. This Article argues for a move toward constitutional and international protection …

Economic Analysis Of Labor And Employment Law In The New Economy: Proceedings Of The 2008 Annual Meeting, Association Of American Law Schools, Section On Law And Economics, Ruben J. Garcia

Scholarly Works

Professor Ruben Garcia shares his comments on Professor Jagdeep Bhandari's paper, Migration to Developed Countries and Labor Markets, while on this panel at the 2008 Annual Meeting of the section on Law and Economics of the American Association of Law Schools.

Civil Rights And Related Decisions, Eileen Kaufman

Scholarly Works

This article analyzes two cases from the October 2006 Supreme Court Term, Ledbetter v. Goodyear Tire & Rubber Co. and Gonzales v. Carhart. The cases have much in common, even though Ledbetter concerns pay disparity claims based on gender and Gonzales concerns second trimester abortions. Both are five-four decisions which demonstrate how profoundly the appointment of Justice Samuel Alito to occupy Justice Sandra Day O'Connor's seat has affected the balance of power on the Court. The net result of this shift has been a devastating setback for women's rights. Both decisions prompted Justice Ruth Bader Ginsburg to uncharacteristically read aloud …