Georgetown University Law Center
Campbell University School of Law
Indiana University Maurer School of Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
W.E. Upjohn Institute for Employment Research
Survey Of (Mostly Outdated And Often Ineffective) Laws Affecting Work-Related Monitoring,
2017
University of Wyoming
Survey Of (Mostly Outdated And Often Ineffective) Laws Affecting Work-Related Monitoring, Robert Sprague
Robert Sprague
The Devil Is In The Details: Attorney Heterogeneity And Employment Arbitration Outcomes,
2017
University of Illinois at Urbana-Champaign
The Devil Is In The Details: Attorney Heterogeneity And Employment Arbitration Outcomes, J. Ryan Lamare
Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky
Conventional wisdom holds that hiring a lawyer will improve outcomes for non-union employees who take individual rights complaints to arbitration. However, the limited amount of empirical scholarship into this topic has rarely accounted for the concurrent influence of employer representatives, or for the presence and effects of employee and employer attorney heterogeneity. I analyze all arbitration awards rendered within the securities industry from the implementation of its ADR program through the late-2000s, and first find that hiring an attorney benefits employees only in the rare cases that employers do not also include an agent. I then account for attorney selection ...
Why Don’T They Complain? The Social Determinants Of Chinese Migrant Workers’ Grievance Behaviors,
2017
Massachusetts Institute of Technology
Why Don’T They Complain? The Social Determinants Of Chinese Migrant Workers’ Grievance Behaviors, Duanyi Yang
Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky
Using survey data from China, I examine how migrant workers respond to violations of labor law in their workplaces. The central puzzle explored is why, given apparent widespread violations, some workers choose not to pursue remedies. I find that although workers with shared local identities with their employers are more likely to work without employment contracts, they are less likely to be exposed to safety and health hazards at work and less likely to interpret problems experienced as a violation of their legal rights. This paper extends the research on grievance behavior by drawing on research from Law and Society ...
A Critical Discourse Analysis Of The Intellectual Property Chapter Of The Tpp: Confirming What The Critics Fear,
2017
Villanova University
A Critical Discourse Analysis Of The Intellectual Property Chapter Of The Tpp: Confirming What The Critics Fear, Karyn Hollis
communication +1
A host of organizations and citizens groups have convincingly pointed out that so called “Free Trade Agreements” have done more harm than good to the U.S. and other countries involved. Thanks to their protests, for the moment, the most ambitious multinational, neoliberal project of our young century, the Trans-Pacific Partnership (TPP), has been defeated. If the agreement had been adopted, the TPP would have shaped new rules of trade for over 8 million people, spanning 40% of the global economy. Using Critical Discourse Analysis (CDA), my study shows how the complex language of the actual treaty compared to its ...
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett,
2017
Pepperdine University
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin
Pepperdine Dispute Resolution Law Journal
This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (“CBAs”) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. The article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been ...
Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate,
2017
Pepperdine University
Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate, David Shyu
Pepperdine Dispute Resolution Law Journal
This Note will closely examine whether the NFL, specifically its Commissioner, has exceeded its authority in its handling of the recent incident involving allegations of the New England Patriots and quarterback Tom Brady’s role in deflating footballs during a crucial playoff game. The Note will look at the existing the NFL current Collective Bargaining Agreement, and trace the source of the Commissioner’s power. Then it will delve into the details of the case—including the Wells Report and investigation, the arbitration process, and the District Court opinion. The Note will analyze the District Court’s opinion in anticipation ...
General Personnel Issues,
2017
St. John's University School of Law
General Personnel Issues, William T. Hopkins
The Catholic Lawyer
No abstract provided.
Ogc Issues Roundtable,
2017
St. John's University School of Law
It Has To End Somewhere: Feiereisen V. Newpage Corp. And The Scope Of The Employment Contract,
2017
University of Maine School of Law
It Has To End Somewhere: Feiereisen V. Newpage Corp. And The Scope Of The Employment Contract, Benjamin R. Hutchinson
Maine Law Review
In January of 2008, Kurt Feiereisen was driving to attend a mediation meeting regarding his workers’ compensation claims when he was injured in a car accident. At the time, Feiereisen was pursuing three separate claims against Newpage Corporation for bodily injuries that he had sustained while working for the company during the years of 1987, 1997, and 2007. In June of 2008 he petitioned for compensation awards related to the injuries from all four occasions. Awards were granted for the three earliest injuries, but denied for the injury sustained during the 2008 car accident because this injury did not occur ...
The Progressives: Racism And Public Law,
2017
University of Pennsylvania Law School
The Progressives: Racism And Public Law, Herbert J. Hovenkamp
Faculty Scholarship
American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?
When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that ...
Description Of The Albelda Clayton-Matthews/Iwpr 2017 Paid Family And Medical Leave Simulator Model,
2017
Northeastern University
Description Of The Albelda Clayton-Matthews/Iwpr 2017 Paid Family And Medical Leave Simulator Model, Alan Clayton-Matthews, Randy Albelda
Economics Faculty Publication Series
The basic strategy behind our approach to estimating the cost of a paid leave program was to, as much as possible, base estimates of program costs on actual known leave-taking behavior, and where this was not possible, to estimate a range of program costs reflecting a range of reasonable assumptions about unknown aspects of behavior in the presence of a paid leave program. We wanted to be able to estimate the sensitivity of program costs estimates to these assumptions. We also wanted to be able to analyze the distribution of program benefits by demographic characteristics. Furthermore, we wanted to be ...
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program,
2017
Pepperdine University
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
Pepperdine Dispute Resolution Law Journal
This paper will reveal employers' perception of the EEOC Mediation Program and offer viable changes that may encourage more employer participation in the mediation program. Although the mediation program is supposed to be fair and neutral, the possibility of favoritism, bias, prejudice, or the perception thereof remains high because of the mediation program's structure. If the EEOC were to make changes to its program that also creates a perception of impartiality, then employers would be more willing to participate. To demonstrate this, Part II of this article will begin by discussing the history of the EEOC from its initiating ...
The Constitutionality Of State Labor Relations Board Jurisdiction Over Parochial Schools: Catholic High School Association V. Culvert,
2017
St. John's University School of Law
The Constitutionality Of State Labor Relations Board Jurisdiction Over Parochial Schools: Catholic High School Association V. Culvert
The Catholic Lawyer
No abstract provided.
Are Law Degrees As Valuable To Minorities?,
2017
Rutgers Business School
Are Law Degrees As Valuable To Minorities?, Frank Mcintyre, Michael Simkovic
University of Southern California Legal Studies Working Paper Series
We estimate the increase in earnings from a law degree relative to a bachelor’s degree for graduates of different race/ethnic groups. Law earnings premiums are higher for whites than for minorities (excluding individuals raised outside the U.S.). The median annual law earnings premium is approximately $41,000 for whites, $34,000 for Asians, $33,000 for blacks, and $28,000 for Hispanics. Law earnings premiums for whites, blacks and Hispanics have trended upward and appear to be gradually converging. Approximately 90 percent of law graduates are white compared to approximately 82 percent of bachelor’s degree holders.
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett,
2017
Pepperdine University
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin
Pepperdine Dispute Resolution Law Journal
This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (CBAs) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. This article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been ...
Replantar Un Campo: Derecho Internacional Del Trabajo Para El Siglo Xxi,
2017
Cornell University
Replantar Un Campo: Derecho Internacional Del Trabajo Para El Siglo Xxi, Lance A. Compa
Lance A Compa
No abstract provided.
Re-Planting A Field: International Labour Law For The Twenty-First Century,
2017
Cornell University
Re-Planting A Field: International Labour Law For The Twenty-First Century, Lance A. Compa
Lance A Compa
[Excerpt] In this talk I want to trace the development of the field and how international labour law has taken root in five areas: 1) trade legislation (namely, the US and EU Generalized System of Preferences), 2) trade agreements, 3) international organizations, 4) corporate social responsibility, and 5) lawsuits in national courts. In each, I try to give one or two examples of how international labour law works in practice. But first, some background on the international labour law field and my involvement with it.
Yeshiva Update: Administration 8, Union 0,
2017
St. John's University School of Law
Yeshiva Update: Administration 8, Union 0, Michael A. Foley
The Catholic Lawyer
No abstract provided.
The Symmetry Principle,
2017
University of Tennessee College of Law
The Symmetry Principle, Bradley A. Areheart
Boston College Law Review
Title VII provides symmetrical protection against discrimination in that both blacks and whites, and men and women may avail themselves of the law’s protections. In contrast, the Age Discrimination in Employment Act operates asymmetrically, shielding workers over the age of forty from discrimination yet offering no reciprocal protection for younger workers. Why do some antidiscrimination laws protect symmetrically while others do not? More importantly, why does this design choice matter? These are questions that scholars, courts, and legislators have generally ignored. This Article proceeds in two parts. First, it identifies symmetry as an important, yet frequently overlooked, way in ...
From Student-Athletes To Employee-Athletes: Why A "Pay For Play" Model Of College Sports Would Not Necessarily Make Educational Scholarships Taxable,
2017
City University of New York
From Student-Athletes To Employee-Athletes: Why A "Pay For Play" Model Of College Sports Would Not Necessarily Make Educational Scholarships Taxable, Marc Edelman
Boston College Law Review
In recent years, numerous commentators have called for the National Collegiate Athletic Association (“NCAA”) to relax its rules prohibiting athlete pay. This movement to allow athletes to share in the revenues of college sports arises from the belief that college athletes sacrifice too much time, personal autonomy, and physical health to justify their lack of pay. It further criticizes the NCAA’s “no pay” rules for keeping the revenues derived from college sports “in the hands of a select few administrators, athletic directors, and coaches.” Nevertheless, opponents of “pay for play” contend that several problems will emerge from lifting the ...
