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Public Actors In Private Markets: Toward A Developmental Finance State, Robert C. Hockett, Saule T. Omarova 2015 Cornell Law School

Public Actors In Private Markets: Toward A Developmental Finance State, Robert C. Hockett, Saule T. Omarova

Robert C. Hockett

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of fueling continuous ...


Employment Law—Employment Discrimination—Unnecessarily Duplicative: Has The Sixth Circuit Gone Too Far In Upholding An Employer’S Ability To Require Incumbent Employees To Provide Doctor’S Notes After Taking Sick Leave? Lee V. City Of Columbus, Ohio 636 F.3d 245 (6th Cir. 2011), Thomas H. Wyatt 2015 University of Arkansas at Little Rock William H. Bowen School of Law

Employment Law—Employment Discrimination—Unnecessarily Duplicative: Has The Sixth Circuit Gone Too Far In Upholding An Employer’S Ability To Require Incumbent Employees To Provide Doctor’S Notes After Taking Sick Leave? Lee V. City Of Columbus, Ohio 636 F.3d 245 (6th Cir. 2011), Thomas H. Wyatt

University of Arkansas at Little Rock Law Review

No abstract provided.


Newsroom: Yelnosky On State Pension Lawsuit, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Yelnosky On State Pension Lawsuit, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


International Law - Employment Discrimination. Japanese Corporation Formed Under United States Law Must Comply With Terms Of Title Vii Of The Civil Rights Act Of 1964. Avagliano V. Sumitumo Shoji America, Inc., - U.S. -, 102 S. Ct. 2374 (1982)., Henry Cyrus 2015 University of Georgia School of Law

International Law - Employment Discrimination. Japanese Corporation Formed Under United States Law Must Comply With Terms Of Title Vii Of The Civil Rights Act Of 1964. Avagliano V. Sumitumo Shoji America, Inc., - U.S. -, 102 S. Ct. 2374 (1982)., Henry Cyrus

Georgia Journal of International & Comparative Law

No abstract provided.


Immigration Reform - Provisions In The Proposed Immigration Reform And Control Act Of 1985 Permitting The Use Of Temporary Foreign Workers In The United States - Importing Labor From Mexico, Andrew W. Baker 2015 University of Georgia School of Law

Immigration Reform - Provisions In The Proposed Immigration Reform And Control Act Of 1985 Permitting The Use Of Temporary Foreign Workers In The United States - Importing Labor From Mexico, Andrew W. Baker

Georgia Journal of International & Comparative Law

No abstract provided.


Post-Racial Hydraulics: The Hidden Dangers Of The Universal Turn, Zev J. Eigen, Camille Gear Rich, Charlotte S. Alexander 2015 Northwestern University School of Law

Post-Racial Hydraulics: The Hidden Dangers Of The Universal Turn, Zev J. Eigen, Camille Gear Rich, Charlotte S. Alexander

University of Southern California Legal Studies Working Paper Series

In recent years, antidiscrimination scholars have focused on the productive possibilities of the “universal turn,” a strategy that calls on attorneys to convert particularist claims, like race discrimination claims, into broader universalist claims that secure basic dignity, liberty, and fairness rights for all. Scholars have urged litigators to employ universalist strategies in constitutional and voting rights cases, as well as in employment litigation. Thus far, however, arguments made in favor of universalism have been largely abstract and theoretical and therefore have failed to fully consider the second order effects of universalist strategies on the ground. In this article we challenge ...


The End Of At-Will Employment? The “”Color-Blind” Standard Of Intent To Discriminate, Michael J. Zimmer 2015 Loyola University Chicago, School of Law

The End Of At-Will Employment? The “”Color-Blind” Standard Of Intent To Discriminate, Michael J. Zimmer

Michael J Zimmer

The End of At-Will Employment? The “”Color-Blind” Standard of Intent to Discriminate

Abstract

In Ricci v. DeStefano, the New Haven firefighters case, the Supreme Court decided as a matter of law that New Haven had committed intentional disparate treatment discrimination against some of the white testtakers when it did not use the results of a promotion test because its use would have resulted in an adverse effect on black and Latino testtakers. A careful reading of Ricci establishes how it has a significant potential impact on all disparate treatment cases. Because liability was established simply on the fact that New ...


Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan D. Carle 2015 American University Washington College of Law

Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan D. Carle

Susan D. Carle

In too many Title VII cases, employees find themselves thrown out of court because they reacted angrily to reasonable perceptions of employer discrimination. In the race context, supervisors repeatedly call employees the n-word and use other racial epithets, order African American employees to perform work others in the same job classification do not have to do, and impose discipline white employees do not face for the comparable conduct. In the gender context, courts throw out plaintiffs’ cases even where supervisors engage in egregious sexual harassment. Employees who react angrily to such demeaning treatment—by cursing, shouting, refusing an order or ...


Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman 2015 USC Law School

Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman

University of Southern California Legal Studies Working Paper Series

This article provides a rare glimpse into the worlds of mediation and settlement negotiation. Because they are almost always private, there has been almost no empirical analysis of the dynamics of settlement or mediation. This article analyzes a unique data set derived from a mediator’s contemporaneous notes of more than four hundred mediations. Nearly all the cases involved employment disputes, such as claims of discrimination or wrongful termination. Among the most interesting facts uncovered by this analysis are the following. Mediation can be extremely effective in facilitating settlement. The mediator studied here achieved a settlement rate of over 94 ...


El Juez Del Nuevo Derecho Procesal Laboral, Ramiro De Valdivia Cano 2015 Universidad Católica de Santa María

El Juez Del Nuevo Derecho Procesal Laboral, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

EL JUEZ DEL NUEVO DERECHO PROCESAL LABORAL


Pension De-Risking, Paul M. Secunda, Brendan S. Maher 2015 Marquette University Law School

Pension De-Risking, Paul M. Secunda, Brendan S. Maher

Paul M. Secunda

The United States is facing a retirement crisis, in significant part because defined benefit pension plans have been replaced by defined contribution retirement plans that, whatever their theoretical merit, have left significant numbers of workers unprepared for retirement. A troubling example of the continuing movement away from defined benefit plans is a new phenomenon euphemistically called “pension de-risking.”

Recent years have been marked by high-profile companies engaging in various actions designed to reduce the company’s exposure to pension funding risk (hence the term “pension de-risking”). Some de-risking strategies convert a federally-guaranteed pension into a more risky private annuity. Other ...


Cry Havoc: Are Incompetent Private Military Companies Ruining The Defense Base Act?, William Burke 2015 College of William & Mary Law School

Cry Havoc: Are Incompetent Private Military Companies Ruining The Defense Base Act?, William Burke

William & Mary Business Law Review

The Defense Base Act (“DBA” or “Act”) provides a no-fault, insurancebacked workers’ compensation mechanism for compensating private security contractors who are injured overseas. Critics of the Act allege that it should be fundamentally altered or replaced because combat zone work is uninsurable, the Act’s compensation is insufficient, and it is less efficient than the alternatives. This Note argues that, on the contrary, the DBA insurance market is functional and improving, its benefits are sufficient when viewed in combination with contractors’ other compensation, and it is a far more efficient compensation system than is offered by tort litigation. The flaws ...


The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris 2015 University of Georgia School of Law

The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris

Georgia Journal of International & Comparative Law

No abstract provided.


Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare 2015 The Catholic University of America, Columbus School of Law

Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare

Catholic University Law Review

In 1927, the United States Congress passed the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation coverage to maritime workers injured outside the purview of state workers’ compensation laws. Rigid judicial interpretation of the original Act, however, led to inequitable outcomes in the maritime industry. Workers neither on land nor on the water when injured could not claim workers’ compensation benefits under state or federal laws. The 1972 amendments to the LHWCA sought to cure this inequity. The amended Act included a situs requirement. This Comment analyzes the most important judicial interpretations of the situs requirement ...


Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act, Maureen Hughes 2015 The Catholic University of America, Columbus School of Law

Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act, Maureen Hughes

Catholic University Law Review

This Note summarizes the amendments made to the Black Lung Benefits Act (BLBA) following its passage in 1969 through the enactment of the 2010 Patient Protection and Affordable Care Act (PPACA). The Note also addresses the split among the circuits over the meaning of the revised language in 30 U.S.C. § 932(l) (2012), and explains the reasoning of the Third, Fourth, Sixth, and Eleventh Circuits regarding the effect of the PPACA on BLBA benefit eligibility for miners’ dependent survivors. Further, this Note explains the significance of, and necessity in, resolving the confusion over § 932(l), and provides an ...


A Case For Canadian Pay Equity Reform, Sydney Kruth 2015 Western University

A Case For Canadian Pay Equity Reform, Sydney Kruth

Western Journal of Legal Studies

Pay equity must be separated from collective bargaining. An examination of the history of fair pay in unionized workplaces—and the current legal remedies available for pay discrimination—prove that the current strategies to remedy the significant gender pay gap are unsuccessful. Two significant issues hinder pay equity. Pay equity is still subject to collective bargaining in unionized workplaces. The Public Sector Equitable Compensation Act (PSECA) has undermined pay equity. The PSECA embodies the dangers of subjecting pay equity issues to collective bargaining. Canada is taking a regressive approach that disregards the importance of pay equity, despite the known benefits ...


Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas 2015 Western University

Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas

Western Journal of Legal Studies

This paper surveys leading and recent case law on disability with a specific focus on “non-mainstream” disabilities. Such disabilities are categorized according to the difficulty with which they can be medically diagnosed, their transient nature, and their fluctuations in severity. Jurisprudence on the duty to accommodate has been developed through what law professor Judith Mosoff classifies as “mainstream” disabilities. That is, disabilities that are better understood by employers and medical professionals, and to which the duty to accommodate more easily applies. In contrast, “non-mainstream” disabilities challenge the conventional understanding of the duty to accommodate. Standard accommodation practices do not necessarily ...


Illusory Protection: The Fifth Circuit’S Misguided Interpretation Of Title Vii’S Anti-Retaliation Provision In Hernandez V. Yellow Transportation, Inc., William C. Matthews 2015 University of Florida Levin College of Law

Illusory Protection: The Fifth Circuit’S Misguided Interpretation Of Title Vii’S Anti-Retaliation Provision In Hernandez V. Yellow Transportation, Inc., William C. Matthews

Florida Law Review

After Burlington Northern & Santa Fe Railway Co. v. White resolved the issue of what constitutes an “adverse action” under the Title VII anti-retaliation statute, the scope of employer liability was substantially broadened. The Supreme Court’s decision reinforced the broad intent behind the anti-retaliation statute and acknowledged the statute’s remedial purpose. The Fifth Circuit, however, has been reluctant to expand employer liability as evidenced through its interpretation of the “adverse action” prong relating to coworker harassment. More specifically, the Fifth Circuit’s “In Furtherance” standard, which is used to judge whether an employer is liable for coworker harassment in ...


Fact Sheet #71: Shortchanging The Unpaid Academic Intern, Patricia L. Reid 2015 University of Florida Levin College of Law

Fact Sheet #71: Shortchanging The Unpaid Academic Intern, Patricia L. Reid

Florida Law Review

On the eve of the Fair Labor Standards Act’s seventy-fifth anniversary, unpaid academic internships threaten to outpace government regulation and undermine opportunities for gainful employment. Although coveted by students eager to fill a line on their résumé, unpaid academic internships are a subspecies of unpaid internships that might soon face extinction. While the advent of unpaid internship litigation decreases the likelihood that employers will plead ignorance of the law when they defend against disgruntled unpaid interns, recent litigation does little to clear up a half-century of contradictory case law. The only certainty that surrounds the legal status of unpaid ...


Mutual Marginalization: Individuals With Disabilities And Workers With Caregiving Responsibilities, Nicole Buonocore Porter 2015 University of Florida Levin College of Law

Mutual Marginalization: Individuals With Disabilities And Workers With Caregiving Responsibilities, Nicole Buonocore Porter

Florida Law Review

This Article explores the marginalization of two groups of employees—individuals with disabilities and workers with caregiving responsibilities. One might argue that these two groups have little in common. However, while these groups are not perfectly aligned, they do have much in common in the workplace. First, these employees are unable to consistently meet their employers’ expectations of an “ideal worker.” Thus, they often must seek adjustments or modifications in the workplace to accommodate for their failure to conform to the ideal-worker norm. The need for accommodation causes both groups of employees to suffer from “special-treatment stigma,” which manifests itself ...


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