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When Rules Are Made To Be Broken: The Case Of Sexual Harassment Law, David S. Sherwyn, Nicholas F. Menillo, Zev J. Eigen 2017 Cornell University School of Hotel Administration

When Rules Are Made To Be Broken: The Case Of Sexual Harassment Law, David S. Sherwyn, Nicholas F. Menillo, Zev J. Eigen

Center for Hospitality Research Publications

Judicial holdings regarding sexual harassment actions have put judges who want to ensure what they view as a just outcome in the awkward position of having to choose between following precedent or “breaking the rules.” This article presents a theoretical assessment and empirical analysis of judicial rule-breaking with regard to two rules relating to sexual harassment. The first such rule, established in the Oncale decision, opened the door to the “equal-opportunity harasser” who treats everyone badly and thus escapes the prohibition on harassment “due to sex.” The other rule, set forth in the Ellerth and Faragher decisions, establishes a two-prong ...


Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, Raizel Liebler, Keidra Chaney 2017 John Marshall Law School

Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, Raizel Liebler, Keidra Chaney

Keidra Chaney

Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an ...


Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney 2017 Selected Works

Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney

Keidra Chaney

Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an ...


Sixth Circuit Undermines Labor Statute, Angela B. Cornell 2017 Cornell Law School

Sixth Circuit Undermines Labor Statute, Angela B. Cornell

Cornell Law Faculty Publications

No abstract provided.


You Can't Fire Me: The Problems With Wrongful Dismissal Damages In Canada, Chenyang Li 2017 The University of Western Ontario

You Can't Fire Me: The Problems With Wrongful Dismissal Damages In Canada, Chenyang Li

Western Journal of Legal Studies

The assessment of wrongful dismissal damages in Canadian law has long been governed by the principles established in Bardal v Globe & Mail Ltd. Although this model of analysis has been met with near universal approval in every decision-making forum in Canada, the principles underlying Bardal warrant further discussion. This work focuses on the contractual core of employment disputes and analyzes the interpretive framework for common law claims for wrongful dismissal. It will show that the traditional law of private remedies has been distorted in the context of wrongful dismissal as a result of the wholesale adoption of the Bardal Factors ...


Exhausted Yet? Stevens V. Pensio Benefit Guaranty Corporation And The Application Of The Exhaustion Doctrine To Statute-Based Erisa Claims, Carson D. Phillips-Spots 2017 University of Maine School of Law

Exhausted Yet? Stevens V. Pensio Benefit Guaranty Corporation And The Application Of The Exhaustion Doctrine To Statute-Based Erisa Claims, Carson D. Phillips-Spots

Maine Law Review

By 1974, the U.S. Congress recognized that employer-provided retirement pension plans had “become an important factor affecting the stabilization of employment and the successful development of industrial relations” and enacted the Employee Retirement Income Security Act (ERISA) with the aim of protecting “the interests of participants in employee benefit plans and their beneficiaries.” In enacting ERISA, Congress established “standards of conduct, responsibility, and obligation[s] for fiduciaries of employee benefit plans” and provided for “appropriate remedies, sanctions and ready access to the Federal courts.” Apart from creating federal causes of action to ensure efficient and equitable administration of private ...


The Corporate Exploitation Of Fundamental Rights: A Nation Of Arbitration, Melanie A. Carlson 2017 Claremont McKenna College

The Corporate Exploitation Of Fundamental Rights: A Nation Of Arbitration, Melanie A. Carlson

CMC Senior Theses

This thesis is an in-depth discussion and analysis of the alternative dispute resolution process of arbitration in the United States. It begins by providing a basic explanatory overview of arbitration clauses and the arbitration process. It then goes on to highlight the various benefits over traditional court litigation that arbitration has to offer. From there, the paper presents a detailed discussion of the many shortcomings of the arbitration process. It identifies the overall lack of procedural fairness that exists in arbitration today due to the fact that arbitration currently tends to favor businesses over consumers and workers during dispute settlements ...


Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina 2017 European Network of Migrant Women (ENoMW)

Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


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 ...


Genetic Monitoring In The Workplace: A Tool Not A Solution, Lillian Trettin, Catherine Musham, Richard Jablonski 2016 University of New Hampshire

Genetic Monitoring In The Workplace: A Tool Not A Solution, Lillian Trettin, Catherine Musham, Richard Jablonski

RISK: Health, Safety & Environment

The authors differentiate between genetic monitoring and screening, and discuss the potential risks and benefits of predictive testing technologies.


Causation In Occupational Disease: Balancing Epidemiology, Law And Manufacturer Conduct, Richard M. Lynch, Mary S. Henifin 2016 University of New Hampshire

Causation In Occupational Disease: Balancing Epidemiology, Law And Manufacturer Conduct, Richard M. Lynch, Mary S. Henifin

RISK: Health, Safety & Environment

Drs. Lynch & Henefin examine evolution of disease causation theory and its impact on public health, as well as how these relate to the courtroom admissibility of expert opinion evidence.


Access To Employment For Persons With Disabilities In Uganda, Chrispas Nyombi, Alexander Kibandama 2016 Essex University

Access To Employment For Persons With Disabilities In Uganda, Chrispas Nyombi, Alexander Kibandama

GLADNET Collection

Since 2000, the Ugandan government has implemented a number of policies aimed at combating disability discrimination in the workplace and leap towards equality of opportunities. However, despite the availability of progressive legislation and policies, persons with disabilities continue to face many barriers to accessing employment. This paper reviews the policies and legislation aimed at promoting disability protection in the workplace. Recommendations for reform are made before bringing together the various strands of argument throughout the paper.


Does Title Vii Work For Temps? Faush V. Tuesday Morning Reconsiders The Employment Relationship, Shane O'Halloran 2016 Villanova University Charles Widger School of Law

Does Title Vii Work For Temps? Faush V. Tuesday Morning Reconsiders The Employment Relationship, Shane O'Halloran

Villanova Law Review

No abstract provided.


The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella 2016 Brooklyn Law School

The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella

Brooklyn Journal of Corporate, Financial & Commercial Law

In today’s technologically dependent world, concerns about cybersecurity, data breaches, and compromised personal information infiltrate the news almost daily. The Securities and Exchange Commission (SEC) has recently emerged as a regulator that is keenly focused on cybersecurity, specifically with respect to encouraging disclosures in this arena by regulated entities. Although the SEC has issued non-binding “guidance” to help companies navigate their reporting obligations in this sector, the agency lacks binding cybersecurity disclosure regulations as they pertain generally to public companies. Given that the SEC has already relied on such guidance in threatening enforcement actions, reporting companies are increasingly pressured ...


Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber 2016 Brooklyn Law School

Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber

Brooklyn Journal of Corporate, Financial & Commercial Law

Historically; bankruptcy attorneys received the short end of the stick and were paid less for their services than attorneys in other fields of law. With the Bankruptcy Reform Act of 1978; Congress attempted to reduce the discrepancy in compensation. However; after the Supreme Court’s decision in Baker Botts v. ASARCO; L.L.C.; the playing field remains unequal for bankruptcy attorneys. Following this decision; if a debtor disputes their attorney’s fee application; attorneys are at a disadvantage and cannot recover fees for defending their fee application. As a result; bankruptcy attorneys take an effective pay cut if they ...


Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn 2016 Brooklyn Law School

Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn

Brooklyn Law Review

The National Football League has recently faced an onslaught of public criticism stemming from its handling of disciplinary matters over the last few years. This note engages in a comparative analysis of the disciplinary processes of the four major professional sports leagues, the National Football League (NFL), National Basketball Association (NBA), Major League Baseball (MLB), and National Hockey League (NHL), to determine why Commissioner Goodell’s disciplinary decisions have received such public criticism and have been challenged by the National Football League Players Association. While examining the cases of Tom Brady and Adrian Peterson, this note will address the question ...


'In A Settled Country, Everyone Must Eat': Four Questions About Transnational Private Regulation, Migration, And Migrant Work, Amar Bhatia 2016 Osgoode Hall Law School of York University

'In A Settled Country, Everyone Must Eat': Four Questions About Transnational Private Regulation, Migration, And Migrant Work, Amar Bhatia

Amar Bhatia

This introduction speaks to one of the questions raised by transnational private regulation: is migration always transnational? One quick answer to this question might be ‘no’. If migration is concerned with the international movement of people, then what has been called the approach of methodological nationalism would force out the ‘trans-­‐’ and always substitute the international. Since methodological nationalism is an approach characterized by an overdue emphasis on states and their external borders as the sole arbiters for what registers as movement, then this answer would not surprise anyone. However, if we do not take a monopolistic approach to borders ...


Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo 2016 Unza School of Law

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Georgia Journal of International & Comparative Law

No abstract provided.


The Nba's Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement Note, Dan Messeloff 2016 Fordham University School of Law

The Nba's Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement Note, Dan Messeloff

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Mandatory Costs By Firm Size Thresholds: Firm Location, Growth And Death In Sri Lanka, Babatunde O. Abidoye, Peter F. Orazem, Milan Vodopivec 2016 University of Pretoria

Mandatory Costs By Firm Size Thresholds: Firm Location, Growth And Death In Sri Lanka, Babatunde O. Abidoye, Peter F. Orazem, Milan Vodopivec

Peter Orazem

Sri Lanka’s Termination of Employment of Workmen Act (TEWA) requires that firms with 15 or more workers justify layoffs and provide generous severance pay to displaced workers, with smaller firms being exempted. Although formally subject to TEWA, firms in Export Promotion Zones (EPZs) do not face the same constraints as nonEPZ firms due to size incentives and lax labor law enforcement in that sector. In EPZ, 77% of firms have more than 15 employees while 76% of nonEPZ firms are smaller than 15 employees. Panel data on all formal sector firms between 1995 and 2003 shows that 80% of ...


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