The Supreme Court 1997- 1998 Labor And Employment Law Term (Part Ii): The Nlra, Takings Clause, And Ada Cases, Marley S. Weiss

Marley S. Weiss

No abstract provided.

The Impact Of Alternative Dispute Resolution (Adr) In Employment Law, Douglas Ashman

Purdue Polytechnic Masters Theses

abstract

Ashman, Douglas E. Masters, Degree. Purdue University. The Impact of Alternative Dispute Resolution (ADR) in Employment Law

Major Professor: Linda Naimi

A growing group of distinguished legal observers see cause for concern as ADR methods become more institutionalized and the basic theories and practices of Civil procedure are mediated and justice becomes an exercise in compromise. It is perceived by some observers that the justice system is becoming privatized and ADR is undermining the basic tenants of the American justice system and is a growing replacement for the checks and balances of a once enviable and unique civil justice …

The Garcetti Virus, Nancy M. Modesitt

All Faculty Scholarship

In an era where corporate malfeasance has imposed staggering costs on society, ranging from the largest oil spill in recorded history to the largest government bailout of Wall Street, one would think that those who uncover corporate wrongdoing before it causes significant harm should receive awards. Employees are particularly well-placed to uncover such wrongdoing within companies. However, rather than reward these employees, employers tend to fire or marginalize them. While there are statutory protections for whistleblowers, a disturbing new trend appears to be developing: courts are excluding from the protection of whistleblowing statutes employees who report wrongdoing as part of …

Who Should Talk? What Counts As Employee Voice And Who Stands To Gain, Aditi Bagchi

All Faculty Scholarship

This symposium piece responds to an article by Kenneth G. Dau-Schmidt titled "Promoting Employee Voice in the American Economy: A Call for Comprehensive Reform." Professor Schmidt argues in favor of increasing employee voice in corporate governance. In this reply, Professor Bagchi distinguishes between "hard voice," "soft voice" and information rights as three variants of employee voice. She casts doubt on the material benefits from Professor Dau-Schmidt's proposals, which focus on hard and soft voice, to either employees or corporate stakeholders more broadly. The present focus of corporate governance on the relationship between shareholders and managers, to the exclusion of employees, …

Charting The Boundaries Of Labour Law: Innis Christie And The Search For An Integrated Law Of Labour Market Regulations, Harry Arthurs

Dalhousie Law Journal

What an honour it is to deliver the first Innis Christie lecture in labour and employment law. My career and Innis' developed in parallel. Our very first publications dealt with tort liability for strikes; our early research dealt with collective labour law; we worked together on a labour law casebook; we both shuffled sideways from labour law into administrative law and lurched from there into legal ethics; we both became labour mediators and arbitrators and then-a logical progression-deans of law. Finally, we both worked on government policy studies, starting with the Woods Task Force in the mid-1960s, though Innis became …

Organizing Principles: The Significance Of Card-Checks Laws, Rafael Gely, Timothy D. Chandler

Faculty Publications

The use of “card checks” as a method of union organizing has recently garnered a lot of attention, much of it surrounding the proposed Employee Free Choice Act. If passed, this legislation would amend the National Labor Relations Act by requiring employers to recognize a union when the employer is presented with evidence of majority support for union recognition via union authorization cards. Although the proposed bill has had difficulty gaining traction in the U.S. Congress, several states have recently passed similar legislation covering state and local public employees. In this article, we compare card-check organizing by public sector employees …

Rethinking Discrimination Law, Sandra F. Sperino

Faculty Articles and Other Publications

In the 1970s, federal courts began identifying categories of discrimination, such as disparate impact, disparate treatment and harassment. They then created elaborate, multi-part rubrics tied to each category. Modern employment discrimination law is defined by these frameworks. They serve as gatekeepers that control the substantive discrimination narratives juries hear and also structure the ways that judges and litigants think about discrimination.

Legal scholarship is replete with excellent articles challenging specific frameworks courts use to evaluate discrimination claims. This Article does not challenge any particular framework. Instead it challenges whether courts should even use frameworks to conceptualize discrimination in the first …

Decent Work, Older Workers, And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, Susan Bisom-Rapp, Andrew Frazer, Malcolm Sargeant

Faculty Scholarship

In countries with aging populations, the global recession presents unique challenges for older workers, and compels an assessment of how they are faring. To this end, the International Labour Organization's concept of decent work provides a useful metric or yardstick. Decent work, a multifaceted conception, assists in revealing the interdependence of measures needed to secure human dignity across the course of working lives. With this in mind, in three English-speaking, common law countries (Australia, the United Kingdom, and the United States), this Article considers several decent work principles applicable to older workers and provides evaluations in light of them. Relevant …

Justice, Employment, And The Psychological Contract, Larry A. Dimatteo, Robert C. Bird, Jason A. Colquitt

UF Law Faculty Publications

The paper is a multidisciplinary collaboration between contract law, employment law and management scholars and draws from the fields of law, management, and psychology. After reviewing and noting the gaps in the employment and justice literatures, this paper presents the findings of a survey of 763 participants to measure whether certain variables—procedural and substantive fairness, as well as educating employees on the principle of employment at will—impact the propensities of employees to retaliate and litigate at the time of discharge.

The survey results are significant and striking. We find statistically significant reductions in retaliation and litigation rates when survey respondents …