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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 ...


Inherently Discriminatory Conduct Revisited: Do We Know It When We See It?, Barbara J. Fick 2016 Notre Dame Law School

Inherently Discriminatory Conduct Revisited: Do We Know It When We See It?, Barbara J. Fick

Barbara Fick

"This article traces the development of the inherently discriminatory doctrine, proposes some guidelines for determining when employer conduct falls under the rubric of the inherently discriminatory doctrine, and analyzes two cases dealing with employer use of temporary replacements during offensive lockouts in light of the proposed guidelines."


Corporate Social Responsibility For Enforcement Of Labor Rights: Are There More Effective Alternatives?, Barbara Fick 2016 Notre Dame Law School

Corporate Social Responsibility For Enforcement Of Labor Rights: Are There More Effective Alternatives?, Barbara Fick

Barbara Fick

This article addresses the concept of corporate social responsibility (hereinafter CSR) as it relates to labor rights. It considers the following issues: is the CSR model, as evidenced by the adoption of corporate codes of conduct, effective in protecting labor rights?; and is this model the best way to protect labor rights? These issues are examined from two perspectives: practical and philosophical. Lastly, some alternative enforcement mechanisms are considered and their respective advantages and disadvantages for purposes of ensuring labor rights are discussed.


Free Speech And Parity: A Theory Of Public Employee Rights, Randy J. Kozel 2016 Notre Dame Law School

Free Speech And Parity: A Theory Of Public Employee Rights, Randy J. Kozel

Randy J Kozel

More than four decades have passed since the U.S. Supreme Court revolutionized the First Amendment rights of the public workforce. In the ensuing years the Court has embarked upon an ambitious quest to protect expressive liberties while facilitating orderly and efficient government. Yet it has never articulated an adequate theoretical framework to guide its jurisprudence. This Article suggests a conceptual reorientation of the modern doctrine. The proposal flows naturally from the Court’s rejection of its former view that one who accepts a government job has no constitutional right to complain about its conditions. As a result of that ...


Vol. 7, No. 2, Thomas F. Sonneborn, Carl S. Tominberg, Jane E. Shaffer 2016 Illinois Fraternal Order of Police Labor Council

Vol. 7, No. 2, Thomas F. Sonneborn, Carl S. Tominberg, Jane E. Shaffer

Thomas L. Shaffer

Contents:

Police and Fire Interest Arbitration in Illinois, by Thomas F. Sonneborn

Trends in Illinois Interest Arbitration, Carl S. Tominberg, Jane E. Shaffer

Recent Developments, by the Student Editorial Board

Further References


Investor Financial Literacy In The Workplace, Jill E. Fisch, Tess Wilkinson-Ryan, Kristin Firth 2016 University of Pennsylvania Law School

Investor Financial Literacy In The Workplace, Jill E. Fisch, Tess Wilkinson-Ryan, Kristin Firth

Jill Fisch

The dramatic shift from traditional pension plans to participant-directed 401(k) plans has increased the decision-making responsibility of individual investors for their own retirement planning. With this shift comes increasing evidence that investors are making poor decisions in choosing how much to save for retirement and in selecting among their investment options. Studies question the value of efforts to improve these decisions through regulatory reforms or investor education.

This article posits that deficiencies in workplace retirement savings cannot be adequately addressed until the reasons for poor investment decisions are better understood. We report the results of a study designed to ...


Investor Financial Literacy In The Workplace, Jill E. Fisch, Tess Wilkinson-Ryan, Kristin Firth 2016 University of Pennsylvania Law School

Investor Financial Literacy In The Workplace, Jill E. Fisch, Tess Wilkinson-Ryan, Kristin Firth

Jill Fisch

The dramatic shift from traditional pension plans to participant-directed 401(k) plans has increased the decision-making responsibility of individual investors for their own retirement planning. With this shift comes increasing evidence that investors are making poor decisions in choosing how much to save for retirement and in selecting among their investment options. Studies question the value of efforts to improve these decisions through regulatory reforms or investor education.

This article posits that deficiencies in workplace retirement savings cannot be adequately addressed until the reasons for poor investment decisions are better understood. We report the results of a study designed to ...


On Beyond Calpers: Survey Evidence On The Developing Role Of Public Pension Funds In Corporate Governance, Stephen Choi, Jill E. Fisch 2016 NYU Law School

On Beyond Calpers: Survey Evidence On The Developing Role Of Public Pension Funds In Corporate Governance, Stephen Choi, Jill E. Fisch

Jill Fisch

No abstract provided.


Collective Bargaining, Sara Slinn 2016 Osgoode Hall Law School of York University

Collective Bargaining, Sara Slinn

Sara Slinn

No abstract provided.


Legislating Incentives For Attorney Representation In Civil Rights Litigation, Sean Farhang, Douglas M. Spencer 2016 University of California - Berkeley

Legislating Incentives For Attorney Representation In Civil Rights Litigation, Sean Farhang, Douglas M. Spencer

Sean Farhang

In this paper we investigate whether, when Congress relies upon private lawsuits to implement a law, the details of the legislation can importantly influence the extent to which the private bar is mobilized to carry out the prosecutorial function. We ask: In statutes with private rights of action, can Congress substantially affect the degree to which plaintiffs are represented by counsel? Using an original and novel dataset based upon review of archived litigation documents for cases filed in the Northern and Eastern Districts of California over the two decades spanning 1981 to 2000, we examine the effects of the Civil ...


Experimental Evidence That Retaliation Claims Are Unlike Other Employment Discrimination Claims, David S. Sherwyn, Zev J. Eigen 2016 Cornell University School of Hotel Administration

Experimental Evidence That Retaliation Claims Are Unlike Other Employment Discrimination Claims, David S. Sherwyn, Zev J. Eigen

Center for Hospitality Research Publications

The type of discrimination claim that strikes fear in the hearts of all employers is the dreaded retaliation claim. While employers contend, and plaintiffs admit, that retaliation is different from other discrimination complaints, employee advocates have put forth legislation that would equalize retaliation with the other types of discrimination. This bill, Protecting Older Workers against Discrimination Act (POWADA), would expand the so-called mixed-motive jury instruction to age, and disability, as well as retaliation. Moreover, it would allow plaintiffs, not judges, to decide which types of instruction the jury would receive. In this article, the authors argue that retaliation claims should ...


The Parallel Worlds Of Corporate Governance And Labor Law, Peer Zumbansen 2016 Osgoode Hall Law School of York University

The Parallel Worlds Of Corporate Governance And Labor Law, Peer Zumbansen

Peer Zumbansen

This paper engages the concept of transnational law (TL) in a way that goes beyond the by now accustomed usages with regard to the development of legal norms and the observation of legal action across nation-state boundaries, involving both state and nonstate actors. The concept of TL can serve to illustrate much further-reaching set of developments in norm creation and legal regulation. TL is here understood not only as a body of legal norms, but it is also employed as a methodological approach to illustrate common and shared challenges and responses to legal regulatory systems worldwide. In the case of ...


Labor Law - Common Market - Public Policy Regarding Personal Conduct May Act As A Restraint On The Free Movement Of Labor In The European Economic Community, William A. O'Dell 2016 University of Georgia School of Law

Labor Law - Common Market - Public Policy Regarding Personal Conduct May Act As A Restraint On The Free Movement Of Labor In The European Economic Community, William A. O'Dell

Georgia Journal of International & Comparative Law

No abstract provided.


Fairness At Work: Federal Labour Standards For The 21st Century, H. W. Arthurs 2016 Osgoode Hall Law School of York University

Fairness At Work: Federal Labour Standards For The 21st Century, H. W. Arthurs

Harry Arthurs

On October 30, 2006 Commissioner Harry Arthurs delivered his report Fairness at Work: Federal Labour Standards for the 21st Century to the Minister of Labour, the Hon. Jean-Pierre Blackburn.


Beyond A Reasonable Accommodation: Hostile Work Environment Claims Under The Ada, Sandra M. Tomkowicz 2016 West Chester University of Pennsylvania

Beyond A Reasonable Accommodation: Hostile Work Environment Claims Under The Ada, Sandra M. Tomkowicz

Sandra Tomkowicz

No abstract provided.


Where There’S Smoke: Employer Policies On Smoking, Sandra M. Tomkowicz, Susan K. Lessack 2016 West Chester University of Pennsylvania

Where There’S Smoke: Employer Policies On Smoking, Sandra M. Tomkowicz, Susan K. Lessack

Sandra Tomkowicz

No abstract provided.


Non-Compete Agreements Made After An At-Will Employee Has Commenced Employment: Toward A Good Faith Standard For The "Afterthought" Agreement, Michael J. Garrison, John T. Wendt 2016 University of St. Thomas, Minnesota

Non-Compete Agreements Made After An At-Will Employee Has Commenced Employment: Toward A Good Faith Standard For The "Afterthought" Agreement, Michael J. Garrison, John T. Wendt

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees, 2016 St. John's University School of Law

Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees

The Catholic Lawyer

No abstract provided.


A New Take On An Old Problem: Employee Misclassification In The Modern Gig-Economy, Jennifer Pinsof 2016 University of Michigan Law School

A New Take On An Old Problem: Employee Misclassification In The Modern Gig-Economy, Jennifer Pinsof

Michigan Telecommunications and Technology Law Review

For decades, U.S. labor and employment law has used a binary employment classification system, labeling workers as either employees or independent contractors. Employees are granted a variety of legal protections, while independent contractors are not. However, the explosion of the gig-economy—which connects consumers with underutilized resources—has produced a growing number of workers who do not seem to fit into either category. Though far from traditional employees, gig-workers bear little resemblance to independent contractors. Forced to choose, however, most gig-economy companies label their workers as independent contractors, depriving them of many basic worker-protections. Gig-workers have turned to the ...


Employment Discrimination: Have The Federal Courts Reached A Consensus On How To Interpret Title Vii Claims Alleged By Plaintiffs Who Identify As Lesbian, Gay, Bisexual, Or Transgender?, Larkin Nicholas 2016 American University Washington College of Law

Employment Discrimination: Have The Federal Courts Reached A Consensus On How To Interpret Title Vii Claims Alleged By Plaintiffs Who Identify As Lesbian, Gay, Bisexual, Or Transgender?, Larkin Nicholas

Labor & Employment Law Forum

No abstract provided.


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