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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 ...


The Nlrb's Purple Communications Decision: Email, Property, And The Changing Patterns Of Industrial Life, Josh Carroll 2016 Duke Law

The Nlrb's Purple Communications Decision: Email, Property, And The Changing Patterns Of Industrial Life, Josh Carroll

Duke Law & Technology Review

On December 11th, 2014, in a much-anticipated case, the National Labor Relations Board (“NLRB”) held in a 3-2 decision that employees with access to an employer’s email system had a presumptive right to use that email system during non-working time under Section 7 of the National Labor Relations Act (“NLRA”). In an attempt to adapt to the “changing patterns of industrial life,” the NLRB reversed a seven-year precedent by overturning In re Guard Publ'g Co., 351 N.L.R.B. 1110 (2007), and thereby gave employees the statutory right to use employer email systems for non-business purposes. This ...


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

Better Work And Global Governance, Paul Alois

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

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 ...


She Works Hard For The Money Wherever She Is: The Need To Abandon The Physical Presence Presumption In Telecommunication Cases Following Eeoc V. Ford, Sean Caulfield 2016 Villanova University Charles Widger School of Law

She Works Hard For The Money Wherever She Is: The Need To Abandon The Physical Presence Presumption In Telecommunication Cases Following Eeoc V. Ford, Sean Caulfield

Villanova Law Review

No abstract provided.


Show Me The Money: On Whether Car Dealership Service Advisors Are Entitled To Or Exempt From Overtime Pay Under The Flsa, Seth Andrew Yarkony 2016 University of Notre Dame Law School

Show Me The Money: On Whether Car Dealership Service Advisors Are Entitled To Or Exempt From Overtime Pay Under The Flsa, Seth Andrew Yarkony

Notre Dame Law Review

This Note analyzes the merits of the Encino Motorcars, Deel Motors, and Greenbrier Ford decisions in light of the text and legislative history of the Dealership Employee Exemption and Christopher v. SmithKline Beecham Corp. Part I summarizes the Exemption, the DOL Dealership Regulation interpreting the Exemption, and the decisions whether to defer to the DOL Dealership Regulation by the Encino Motorcars, Deel Motors, and Greenbrier Ford courts. Part II analyzes the text and legislative history of the Exemption, and concludes that the DOL Dealership Regulation should not be afforded Chevron deference because it is manifestly contrary to the Exemption. Part ...


Bring It On: Professional Cheerleaders Rally Against Nfl's Employment Policies, Jordan McGee 2016 Villanova University Charles Widger School of Law

Bring It On: Professional Cheerleaders Rally Against Nfl's Employment Policies, Jordan Mcgee

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri 2016 Brooklyn Law School

Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri

Faculty Scholarship

No abstract provided.


Lingering Regulatory Bars To Licensing For International Medical Graduates, Therese Bart 2016 University of St. Thomas, Minnesota

Lingering Regulatory Bars To Licensing For International Medical Graduates, Therese Bart

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


License To Profit: An Analysis Of Entry Regulations In The Legal And Real Estate Professions, Evgeny S. Vorotnikov 2016 University of St. Thomas, Minnesota

License To Profit: An Analysis Of Entry Regulations In The Legal And Real Estate Professions, Evgeny S. Vorotnikov

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Antitrust Implications Of Licensed Occupations Choosing Their Own Exclusive Jurisdiction, Jarod M. Bona 2016 University of St. Thomas, Minnesota

The Antitrust Implications Of Licensed Occupations Choosing Their Own Exclusive Jurisdiction, Jarod M. Bona

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Occupational Licensure: The Elephant In The Labor Market, Charles Wheelan 2016 University of St. Thomas, Minnesota

Occupational Licensure: The Elephant In The Labor Market, Charles Wheelan

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Enhancing Quality Or Restricting Competition: The Case Of Licensing Public School Teachers, Morris M. Kleiner 2016 University of St. Thomas, Minnesota

Enhancing Quality Or Restricting Competition: The Case Of Licensing Public School Teachers, Morris M. Kleiner

University of St. Thomas Journal of Law and Public Policy

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 ...


Globalization, Logics Of Action, International Labor Standards And National Government Roles, Sarosh Kuruvilla, Anil Verma 2016 Cornell University

Globalization, Logics Of Action, International Labor Standards And National Government Roles, Sarosh Kuruvilla, Anil Verma

Sarosh Kuruvilla

In an earlier article, (Frenkel and Kuruvilla, 2002) we argued that the interplay between three different logics of action, i.e., the logic of competition, the logic of industrial peace, and the logic of employment-income protection determines the employment relations pattern in any given nation. We demonstrated the operation of this logic of action framework in selected Asian countries. We also demonstrated that changes in one logic to another underlie changes and transformations in industrial relations systems, with evidence form Asian countries.

In this article, we examine how the logics underlying industrial relations systems play out in terms of the ...


New Opportunities For Unions To Foster Equal Employment Opportunity, Seymour Moskowitz 2016 Valparaiso University School of Law

New Opportunities For Unions To Foster Equal Employment Opportunity, Seymour Moskowitz

Seymour H. Moskowitz

No abstract provided.


Employment-At-Will & Codes Of Ethics: The Professional's Dilemma, Seymour Moskowitz 2016 Valparaiso University School of Law

Employment-At-Will & Codes Of Ethics: The Professional's Dilemma, Seymour Moskowitz

Seymour H. Moskowitz

No abstract provided.


Everybody's Vaping For The Weekend: Nicotine Addiction As A Workplace Disability, Matthew M. Allen 2016 University of Cincinnati College of Law

Everybody's Vaping For The Weekend: Nicotine Addiction As A Workplace Disability, Matthew M. Allen

University of Cincinnati Law Review

No abstract provided.


A Positive Right To Free Labor, Rebecca E. Zietlow 2016 Seattle University School of Law

A Positive Right To Free Labor, Rebecca E. Zietlow

Seattle University Law Review

This Article seeks to resurrect a lost thread in our civil rights tradition: the idea that workers have a positive right to free labor. A positive right to free labor includes the right to work for a living wage free of undue coercion and free from discrimination based on immutable characteristics. Not merely the negative guarantee against the state’s infringement on individual equality and liberty, a positive right to free labor is immediately enforceable against state and private parties. A positive right to free labor is rooted in the Thirteenth Amendment of the Constitution, which prohibits slavery and involuntary ...


The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea VanderVelde 2016 Seattle University School of Law

The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde

Seattle University Law Review

Historically, the law of master-servant allowed corporal punishment. Today it seems strange to contemplate that intentionally inflicted violence was ever an acceptable method of compelling workers to labor in America. Strange as it seems, the practice of striking servants to discipline them was considered a legitimate, implicit part of the relationship between masters and servants. Servants, as well as slaves, could be subjected to cuffings and even severe beatings as means of “correction” and compulsion to labor. Menial servants, apprentices, and domestic servants could be beaten with hands, fists, straps, sticks, and sometimes whips, all in the name of correction ...


A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz 2016 Seattle University School of Law

A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz

Seattle University Law Review

Child support enforcement is one of several contemporary contexts in which the state threatens to incarcerate people if they fail to work. This symposium essay explores whether this practice violates the Thirteenth Amendment’s ban on involuntary servitude. At first glance, such threats fall squarely within the ambit of the early 20th century peonage cases. There, the Supreme Court struck down criminal enforcement of legal obligations to work off a debt. Several modern courts have declined to reach a similar conclusion when child support enforcement puts obligors to a choice between paying, working, and going to jail. To do so ...


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