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The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. McGinley 2017 Vanderbilt Law School

The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley

Tracey George

Do the decisions of appellate courts matter in the real world? The American judicial system, legal education, and academic scholarship are premised on the view that they do. The authors want to reexamine this question by taking the approach advocated by the original Legal Realists. The current project seeks to add to our knowledge of the relevance of case law by focusing on an area that has received little examination: how pronouncements about employment discrimination law by appellate courts translate into understandings and behavior at the ground level. As our lens, we use evidence of how people talk about the ...


Workplace Pollution: Nuclear Safety, Ethics, And The Exploitation--Avoidance Argument, Kristin Shrader-Frechette 2017 University of New Hampshire

Workplace Pollution: Nuclear Safety, Ethics, And The Exploitation--Avoidance Argument, Kristin Shrader-Frechette

RISK: Health, Safety & Environment

The author reviews evidence of poor worker health and safety practices in United States Department of Energy nuclear facilities in contending that less protective standards for workplace hazards constitute an environmental injustice not rectified by a hazard pay premium.


Corporate America And "The Perks" Of Being A Woman: Increasing Gender Diversity In Corporate Boardrooms, Enkelena Gjuka 2017 St. John's University School of Law

Corporate America And "The Perks" Of Being A Woman: Increasing Gender Diversity In Corporate Boardrooms, Enkelena Gjuka

Journal of Civil Rights and Economic Development

No abstract provided.


Too Much Information!: The Need For Stronger Privacy Protection For The Online Activities Of Employees And Applicants, Ralph Carter 2017 St. John's University School of Law

Too Much Information!: The Need For Stronger Privacy Protection For The Online Activities Of Employees And Applicants, Ralph Carter

Journal of Civil Rights and Economic Development

No abstract provided.


The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith 2017 Cornell University

The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith

Kati Griffith

In recent years, California has served as the primary laboratory for policy experimentation related to unauthorized immigrant workers’ rights. No other state, to date, has advanced comparable policy initiatives that preserve state-provided workers’ rights regardless of immigration status. Through close examination of two open Supremacy Clause questions under California’s Agricultural Labor Relations Act, the article illustrates that states can, as a constitutional matter, and should, as a policy matter, serve as laboratories for unauthorized immigrant worker rights. Exploring the outer boundaries of state action in this area is particularly compelling given the significant labor force participation of unauthorized immigrants ...


English-Only Policies: The Need For And Benefits Of The Employment Language Fairness Act, Nick Stratouly, Esq. 2017 St. John's University School of Law

English-Only Policies: The Need For And Benefits Of The Employment Language Fairness Act, Nick Stratouly, Esq.

Journal of Civil Rights and Economic Development

No abstract provided.


Murray Energy Corporation V. Mccarthy, Sarah M. Danno 2017 University of Montana School of Law

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land and Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.


Performance Indicator Analysis Of Proficiency Criteria In The Drug-Testing-Laboratory Certification Process Of The Dhhs, John M. Gleason, Darold T. Barnum 2017 University of New Hampshire

Performance Indicator Analysis Of Proficiency Criteria In The Drug-Testing-Laboratory Certification Process Of The Dhhs, John M. Gleason, Darold T. Barnum

RISK: Health, Safety & Environment

The authors highlight and propose remedies for problems in the proficiency criteria used in certifying laboratories for drug testing federal employees in the United States.


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 ...


Trott V. H.D. Goodall Hospital: When Analyzing Employment Discrimination Cases Under Maine Law, Should Maine Courts Continue To Apply The Mcdonnell Douglas Analysis At The Summary Judgment Stage?, Ari B. Solotoff 2017 University of Maine School of Law

Trott V. H.D. Goodall Hospital: When Analyzing Employment Discrimination Cases Under Maine Law, Should Maine Courts Continue To Apply The Mcdonnell Douglas Analysis At The Summary Judgment Stage?, Ari B. Solotoff

Maine Law Review

Since 2003, the Maine Supreme Judicial Court has applied the Supreme Court’s McDonnell Douglas burden-shifting analysis on summary judgment in employment discrimination claims brought under Maine law. Recently, however, some justices of the Law Court have questioned McDonnell Douglas’s continuing application to summary judgment determinations. They argue that the framework is outdated, overly mechanical, and unnecessary. In Trott v. H.D. Goodall Hospital, the court set forth three guiding principles for lawyers and judges to follow in employment discrimination cases facing disposition at summary judgment. In doing so, the court signaled that McDonnell Douglas should continue to be ...


The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith 2017 Cornell University

The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith

Articles and Chapters

In recent years, California has served as the primary laboratory for policy experimentation related to unauthorized immigrant workers’ rights. No other state, to date, has advanced comparable policy initiatives that preserve state-provided workers’ rights regardless of immigration status. Through close examination of two open Supremacy Clause questions under California’s Agricultural Labor Relations Act, the article illustrates that states can, as a constitutional matter, and should, as a policy matter, serve as laboratories for unauthorized immigrant worker rights. Exploring the outer boundaries of state action in this area is particularly compelling given the significant labor force participation of unauthorized immigrants ...


The Matriculation Of The Micro-Unit On The College Campus, Barnett L. Horowitz 2017 National Labor Relations Board

The Matriculation Of The Micro-Unit On The College Campus, Barnett L. Horowitz

Journal of Collective Bargaining in the Academy

To the extent the world of higher education was following the National Labor Relations Board there was probably limited focus on the Board’s Specialty Healthcare case allowing for the so-called “micro-unit”. Board decisions as to the employee status of tenure track faculty or football players or graduate teaching or research assistants were likely to be of greater interest. Yet the recent holding in Columbia University that students providing instructional services were also employees subject to the Act’s coverage put the micro-unit in play on the college campus. Almost immediately after this decision petitions were filed at Yale seeking ...


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 ...


The Triangle Of Law And The Role Of Evidence In Class Action Litigation, Jonah B. Gelbach 2017 University of Pennsylvania Law School

The Triangle Of Law And The Role Of Evidence In Class Action Litigation, Jonah B. Gelbach

Faculty Scholarship

In Tyson Foods v. Bouaphakeo, a "donning and doffing" case brought under Iowa state law incorporating the Fair Labor Standards Act's overtime pay provisions, the petitioners asked the Supreme Court to reject the use of statistical evidence in Rule 23(b)(3) class certification. To its great credit, the Court refused. In its majority opinion, the Court cited both the Federal Rules of Evidence and federal common law interpreting the FLSA. In this paper, I take a moderately deep dive into the facts of the case, and the three opinions penned by Justice Kennedy (for the Court), Chief Justice ...


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.


Rwu First Amendment Blog: Dean Michael Yelnosky's Blog: The First Amendment And Public Sector Union "Dues" 1-9-2017, Michael J. Yelnosky 2017 Roger Williams University School of Law

Rwu First Amendment Blog: Dean Michael Yelnosky's Blog: The First Amendment And Public Sector Union "Dues" 1-9-2017, Michael J. Yelnosky

Law School Blogs

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 ...


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