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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 ...


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.


'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 ...


Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru 2016 Temple University

Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru

N. Jeremi Duru

Part I examines Title VII, its history, and the prospect of its application in the race-considered roster construction context. Part II engages the phenomenon of race-considered roster construction and explores its persistence in the post-civil rights era, primarily through historical examination of Major League Baseball’s Boston Red Sox and the National Basketball Association’s Boston Celtics, two professional sports organizations for years associated with racially imbalanced rosters. This part also explores the consequences unique to employment discrimination in the race-considered roster construction context. Part III examines the applicability of Title VII doctrine to race-considered roster construction, exploring the factors ...


Litigating Against Employment Penalties For Pregnancy, Breastfeeding And Childcare, Candace Saari Kovacic-Fleischer 2016 Selected Works

Litigating Against Employment Penalties For Pregnancy, Breastfeeding And Childcare, Candace Saari Kovacic-Fleischer

Candace Kovacic-Fleischer

No abstract provided.


Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps 2016 Osgoode Hall Law School of York University

Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps

Lisa Philipps

A broad consensus is emerging in Ontario and at the federal level in favour of expanding postsecondary students’ access to experiential or “work-integrated learning” (WIL) opportunities. One of the challenges in implementing this vision is navigating the complex legal status of students as they leave campus and enter workplaces in a wide range of industries and roles. This study aims to support these efforts by mapping the current legal landscape for WIL to identify both risks and opportunities for students, post-secondary institutions (PSIs) and placement hosts alike (referred to collectively in this study as “WIL participants”). It makes recommendations to ...


Perry V. Terrible Herbst, Inc., Nev. Adv. Op. 75 (Oct. 27, 2016), Wesley Lemay Jr. 2016 Nevada Law Journal

Perry V. Terrible Herbst, Inc., Nev. Adv. Op. 75 (Oct. 27, 2016), Wesley Lemay Jr.

Nevada Supreme Court Summaries

The Minimum Wage Amendment (MWA) of the Nevada Constitution does not have a specific statute of limitations provision. Because the MWA is closely analogous to recovery for back pay under NRS 608.260, the two-year statute of limitations provision in NRS 608.260 applies, and not the catch-all four-year period from NRS 11.220.


Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 76 (Oct. 27, 2016), Alysa Grimes 2016 Nevada Law Journal

Mdc Rests. V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 76 (Oct. 27, 2016), Alysa Grimes

Nevada Supreme Court Summaries

To “provide” health benefits under the Minimum Wage Amendment, an employer need only offer to employees (rather than enroll them in) a qualifying health benefit plan. Tips are not included in an employee’s gross taxable income for calculating maximum health benefit plan premiums.


Limited License Legal Technicians: Non-Lawyers Get Access To The Legal Profession, But Clients Won’T Get Access To Justice, Julian Aprile 2016 Seattle University School of Law

Limited License Legal Technicians: Non-Lawyers Get Access To The Legal Profession, But Clients Won’T Get Access To Justice, Julian Aprile

Seattle University Law Review

Washington Limited License Legal Technicians (LLLTs) are non-lawyers who will supposedly help to close “the wide and ever-growing gap in necessary legal and law related services for low and moderate income persons.” However, LLLTs will not close the access to justice gap because “[t]here are no protections . . . to ensure that legal technicians will actually provide services to the poor, as opposed to selling their services to those who can most afford them,” and LLLTs are “not going to have the competency to actually do for the poor what needs to be done.”

Additionally, the modifications of the Washington Rules ...


It's About Money: The Fundamental Contradiction Of "Hobby Lobby", Nomi M. Stolzenberg 2016 USC Law School

It's About Money: The Fundamental Contradiction Of "Hobby Lobby", Nomi M. Stolzenberg

University of Southern California Legal Studies Working Paper Series

This Article contends that arguments for and against Hobby Lobby both fail to comprehend the special nature of money. As a consequence, opponents of Hobby Lobby wrongly deny the existence of a substantial burden, while Hobby Lobby's supporters fail to see that the understanding of financial transactions that underlies their conception of complicity refutes their libertarian views. Financial complicity, as construed by Hobby Lobby's proponents, should be recognized as a burden on religious exercise. But for the same reason that the financial obligations imposed by the "contraceptive mandate" constitute a burden, they also correlate to countervailing state interests ...


Employee Or Entrepreneur?, Jeffrey M. Hirsch 2016 Selected Works

Employee Or Entrepreneur?, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.


Taking State Property Rights Out Of Federal Labor Law, Jeffrey M. Hirsch 2016 University of Tennessee College of Law

Taking State Property Rights Out Of Federal Labor Law, Jeffrey M. Hirsch

Jeffrey M. Hirsch

The National Labor Relations Board's current analysis of union organizers' right to access employer property relies heavily on an employer's right to exclude under state property law. If the employer possesses this right, an attempt to exclude organizers is generally lawful; if the employer lacks this right, the attempt is unlawful. This scheme makes little sense doctrinally, as an employer's property interests are usually irrelevant to the issue that should be the Board's primary concern— whether the removal of union organizers interferes with employees' federal labor rights. I propose eliminating consideration of state property rights from ...


The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch 2016 Selected Works

The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.


Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism, Samuel Estreicher, Jeffrey M. Hirsch 2016 NYU School of Law

Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism, Samuel Estreicher, Jeffrey M. Hirsch

Jeffrey M. Hirsch

Commentators have long debated the merits of the United States’ “at-will” rule, which allows employers and employees to end the employment relationship without cause or notice, absent a constitutional, statutory, or public policy exception. One premise for both proponents and opponents of at-will employment is to stress the uniqueness of this default among other developed countries, which generally require “cause” for most dismissals.

Although other countries’ cause regimes differ significantly from the U.S. on paper, this Article addresses whether those differences in normative law also reflect differences in employees’ protection against wrongful termination in reality. The existing literature on ...


Institute Brief: Support Through Mentorship: Accessible Supervision Of Employees With Intellectual And Developmental Disabilities, John Kramer, Ashley Wolfe, Jean Winsor 2016 University of Massachusetts Boston

Institute Brief: Support Through Mentorship: Accessible Supervision Of Employees With Intellectual And Developmental Disabilities, John Kramer, Ashley Wolfe, Jean Winsor

John Kramer

Effective supervision of employees with intellectual or developmental disabilities can be challenging for businesses that may not have experience in hiring people with diverse support requirements. This is largely due to the relatively low participation rates of people with disabilities in the workforce. This is, thankfully, changing as more businesses are seeing the value of diversifying their workforce, which includes hiring people with diverse cognitive abilities like people with intellectual or developmental disabilities.


Book Review, Kristin S. Shrader-Frechette 2016 University of New Hampshire

Book Review, Kristin S. Shrader-Frechette

RISK: Health, Safety & Environment

Review of the following: ELAINE DRAPER, RiskY BUSINESS: GENETIC TESTING AND EXCLUSIONARY PRACTICES IN THE HAZARDOUS WORKPLACE. (Cambridge University Press 1991) [315 pp.] Index of names and subjects, glossary, notes, references. LC 90-28112; ISBN 0-521-37027-2 (cloth $49.50); ISBN 0-42248-5 (paper $15.95). [40 W. 20th St., New York NY 10011.]


The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White 2016 University of New Hampshire

The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White

RISK: Health, Safety & Environment

Examining a recent case in which the U.S. Supreme Court approved the collection of blood and urine samples from railroad employees, the authors conclude that, in attempting to improve railroad safety, both majority and minority opinions reflected undue emphasis on technical issues and inadequate attention to the intangible social values underlying traditional Constitutional rights to privacy.


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