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Gendering Disability To Enable Disability Rights Law, Michelle Travis 2016 University of San Francisco

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

This Article expands the social model of disability by analyzing the interaction between disability and gender. The modern disability rights movement is built upon the social model, which understands disability not as an inherent personal deficiency but as the product of the environment with which an impairment interacts. The social model is reflected in the accommodation mandate of the Americans with Disabilities Act of 1990 ("ADA"), which holds employers responsible for the limiting aspects of their workplace design. This Article shows that the limitations imposed upon impairments result not only from physical aspects of a workplace but also from other ...


Better Work And Global Governance, Paul Alois 2016 Graduate Center, City University of New York

Better Work And Global Governance, Paul Alois

All Dissertations, Theses, and Capstone Projects (2014-Present)

This dissertation is a case study of Better Work, a program run by the International Labor Organization and the International Finance Corporation. It aims to improve working conditions and productivity in the apparel industry. The purpose of this case study is to examine the role that international organizations can play in global governance. The research presented here comes from interviews, document analysis, and an examination of quantitative data on factories’ working conditions. In-person interviews were conducted in the United States, Switzerland, Vietnam, and Indonesia; many phone interviews took place with individuals in other countries. Both publicly available documents and internal ...


Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble 2016 Seattle University School of Law

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.


Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra 2016 Seattle University School of Law

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.


His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert 2016 Seattle University School of Law

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.


In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward 2016 Seattle University School of Law

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.


Don’T Risk It; Wait Until She’S Sober, Patrick John White 2016 Seattle University School of Law

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.


Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves 2016 Seattle University School of Law

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.


Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada 2016 Seattle University School of Law

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.


Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee 2016 Seattle University

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.


Revisiting Labor Mobility In Innovation Markets, Jonathan M. Barnett, Ted M. Sichelman 2016 University of Southern California

Revisiting Labor Mobility In Innovation Markets, Jonathan M. Barnett, Ted M. Sichelman

University of Southern California Legal Studies Working Paper Series

It is now widely asserted that legal regimes that enforce contractual and other limitations on labor mobility deter technological innovation. First, recent empirical studies purport to show relationships between bans on enforcing noncompete agreements, increased employee movement, and increased innovation. We find that these studies misconstrue legal differences across states and otherwise are flawed, incomplete, or limited in applicability. Second, scholars have largely adopted the view that California’s policy against noncompetes promoted Silicon Valley as the world’s leading technology center. By contrast, Massachusetts’ enforcement of noncompetes purportedly stunted innovation in the Route 128 region near Boston. We show ...


Can Nothing Be Said For State "Right-To-Work" Laws?, John E. Coogan, S.J. 2016 St. John's University School of Law

Can Nothing Be Said For State "Right-To-Work" Laws?, John E. Coogan, S.J.

The Catholic Lawyer

No abstract provided.


Morality Of Right-To-Work Laws: Additional Comments, Bernard H. Fitzpatrick 2016 St. John's University School of Law

Morality Of Right-To-Work Laws: Additional Comments, Bernard H. Fitzpatrick

The Catholic Lawyer

No abstract provided.


Growing Pains: How The North Dakota Supreme Court’S Decision In Baha Petroleum Consulting Corp. V. Job Service North Dakota Fails To Set Precedent In The Booming Oil And Gas Industry, David W. Wilken 2016 University of Oklahoma College of Law

Growing Pains: How The North Dakota Supreme Court’S Decision In Baha Petroleum Consulting Corp. V. Job Service North Dakota Fails To Set Precedent In The Booming Oil And Gas Industry, David W. Wilken

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton 2016 Boston University School of Law

After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton

Pace Law Review

This is a story about a union and a private sector employer who repeatedly negotiated collective bargaining agreements which referenced side contracts which provided retirees with post-employment healthcare benefits. In the early decades of their relationship neither the union nor the employer appear to have given any thought to whether or not these retiree health benefits in fact vested—i.e. were promised to retirees at no cost for the remainder of their lives. By the 1980s and certainly the 1990s however, as health care costs soared and life expectancy expanded, both parties continued to regularly re-negotiate agreements that were ...


Death Is Not The End: The Second Circuit Allows Posthumous Division Of Pension Benefits In Yale-New Haven Hospital V. Nicholls, Thanithia Billings 2016 Boston College Law School

Death Is Not The End: The Second Circuit Allows Posthumous Division Of Pension Benefits In Yale-New Haven Hospital V. Nicholls, Thanithia Billings

Boston College Law Review

On June 4, 2015, in Yale-New Haven Hospital v. Nicholls, the U.S. Court of Appeals for the Second Circuit held that the Employment Retirement Income Security Act of 1974 (“ERISA”) allows state courts to posthumously amend qualified domestic relations orders (“QDROs”) to divide the pension plan benefits of a deceased plan participant. The Second Circuit joined the U.S. Court of Appeals for the Tenth Circuit in allowing QDROs to be posthumously amended. The U.S. Court of Appeals for the Third Circuit, in contrast, has ruled that upon a plan participant’s death, benefits cannot be reassigned through ...


Permitted To Suffer For Experience: Second Circuit Uses "Primary Beneficiary" Test To Determine Whether Unpaid Interns Are Employees Under The Flsa In Glatt V. Searchlight Pictures, Inc., Michael A. Hacker 2016 Boston College Law School

Permitted To Suffer For Experience: Second Circuit Uses "Primary Beneficiary" Test To Determine Whether Unpaid Interns Are Employees Under The Flsa In Glatt V. Searchlight Pictures, Inc., Michael A. Hacker

Boston College Law Review

On January 25, 2016, the U.S. Court of Appeals for the Second Circuit in Glatt v. Fox Searchlight Pictures, Inc., vacated the U.S. District Court for the Southern District of New York’s order, which found that unpaid interns were “employees” under both the Fair Labor Standards Act (“FLSA”) and New York Labor Law. The Second Circuit also vacated the district court’s certification of a New York class and conditional certification of a nationwide FLSA collective. In so doing, the Second Circuit held that the proper inquiry for determining whether an intern is an “employee” under the ...


Morality Of Right-To-Work Laws, Bernard H. Fitzpatrick 2016 St. John's University School of Law

Morality Of Right-To-Work Laws, Bernard H. Fitzpatrick

The Catholic Lawyer

No abstract provided.


Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers 2016 Fordham University School of Law

Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers

Fordham Urban Law Journal

No abstract provided.


“Slurring” The Lines Between Insensitivity And Hostility: Boyer-Liberto V. Fontainebleau Corp. And The Evaluation Of Title Vii Racial Harassment Claims, Kayla Acklin 2016 Boston College Law School

“Slurring” The Lines Between Insensitivity And Hostility: Boyer-Liberto V. Fontainebleau Corp. And The Evaluation Of Title Vii Racial Harassment Claims, Kayla Acklin

Boston College Journal of Law & Social Justice

On May 7, 2015, the U.S. Court of Appeals for the Fourth Circuit, sitting en banc, held in favor of Reya C. Boyer-Liberto, an African American cocktail waitress employed by defendant Fontainebleau Corporation, who claimed racial harassment in violation of Title VII by fellow employee, Trudi Clubb. In Boyer-Liberto v. Fontainebleau Corp., the majority based its analysis on Clubb’s use of a racial epithet, twice in a twenty-four hour period, which they determined was severe or pervasive enough to create a racially hostile work environment, even in isolation. The separate concurring and dissenting opinions emphasized the majority’s ...


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