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Full-Text Articles in Labor and Employment Law
Book Review - Hiring And Firing, Rebekah K. Maxwell
Book Review - Hiring And Firing, Rebekah K. Maxwell
Faculty Publications
No abstract provided.
Foreword Symposium: Having It Our Way: Women In Maryland's Workplace Circa 2027, Margaret E. Johnson
Foreword Symposium: Having It Our Way: Women In Maryland's Workplace Circa 2027, Margaret E. Johnson
All Faculty Scholarship
On November 14, 2007, the University of Baltimore School of Law, the University of Maryland School of Law and the Women's Law Center of Maryland co-sponsored a symposium entitled "Having it Our Way: Women in Maryland's Workplace Circa 2027." The insightful collection of papers in this volume of the University of Maryland Law Journal of Race, Religion, Gender and Class represents the work of employment law scholars, public policy specialists, and activists who presented on the current state of Maryland employment law and discussed Maryland's future. This distinguished group of experts and scholars present several themes: the hope of new …
From Queen Bees And Wannabes To Worker Bees: Why Gender Considerations Should Inform The Emerging Law Of Workplace Bullying, Kerri Lynn Stone
From Queen Bees And Wannabes To Worker Bees: Why Gender Considerations Should Inform The Emerging Law Of Workplace Bullying, Kerri Lynn Stone
Faculty Publications
This Article submits that the documented phenomenon of workplace bullying operates to stymie the retention and advancement of women in the workplace Research documented in books like Queen Bees and Wannabes shows that as early as the schoolyard, males and females tend to socialize differently, engage in and resolve conflict with peers differently, and absorb bullying behavior differently. Girls often believe or are taught to believe that direct conflict or confrontation is unpalatable and tend to employ more passive aggressive means of engagement with foes. They often internalize and repress feelings that boys are more likely to express. Viewing the …
Employment As Transaction, Rachel Arnow-Richman
Employment As Transaction, Rachel Arnow-Richman
UF Law Faculty Publications
This piece offers a fresh perspective on the upper-level employment law class based on the theme of employment as transaction. Like much of law school, employment law is often taught from a public advocacy perspective in which the primary role of the lawyer is to vindicate workers' rights or responsively defend managerial action. As a doctrinal matter, however, courts are showing increased attention to the role of private ordering in defining workplace rights and assessing liability, even in regulatory areas. Courts routinely examine employers' efforts to redress unlawful behavior under antidiscrimination law and consistently sanction the use of arbitration agreements …
What We Learn In Troubled Times: Deregulation And Safe Work In The New Economy, Susan Bisom-Rapp
What We Learn In Troubled Times: Deregulation And Safe Work In The New Economy, Susan Bisom-Rapp
Faculty Scholarship
Reviews of how federal agencies functioned during George W. Bush’s presidency reveal many instances of regulatory capture by industry. One prototypical example is the Occupational Safety and Health Administration (OSHA), the agency responsible for occupational safety and health (OSH) standard setting and enforcement. In contrast, a broad array of stakeholders during the Bush years gave good marks to an entirely separate agency, the National Institute for Occupational Safety and Health (NIOSH), which conducts research and develops recommendations to prevent workplace injury and illness. By reviewing the disparate performance of OSHA and NIOSH during the Bush administration, this article sheds light …
Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, Catherine L. Fisk, & Pauline T. Kim, Working Group On Chapter 4 Of The Proposed Restatement Of Employment Law: The Tort Of Wrongful Discipline In Violation Of Public Policy, 13 Emp. Rts. & Emply. Pol'y J. 159 (2009)., Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, Catherine L. Fisk, Pauline T. Kim
Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, Catherine L. Fisk, & Pauline T. Kim, Working Group On Chapter 4 Of The Proposed Restatement Of Employment Law: The Tort Of Wrongful Discipline In Violation Of Public Policy, 13 Emp. Rts. & Emply. Pol'y J. 159 (2009)., Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, Catherine L. Fisk, Pauline T. Kim
Sturm College of Law: Faculty Scholarship
The purpose of this commentary on Chapter 4 of the Proposed ALI Restatement of Employment Law, concerning the tort of wrongful discipline in violation of public policy, is to closely evaluate the current draft in light of the appropriate purposes for a Restatement. Although some value exists in merely stating the consensus respecting these rules, the mission of the ALI extends beyond that, to better adapt the law to social needs and secure the better administration of justice. Our principal problem with the current Restatement draft is that it does not adequately recognize the dynamic nature of this area of …