Beyond Unions, Notwithstanding Labor Law, 2014 Washington University in St. Louis
Beyond Unions, Notwithstanding Labor Law, Marion Crain, Ken Matheny
UC Irvine Law Review
No abstract provided.
Policing Wage Theft In The Day Labor Market, 2014 UC Irvine School of Law
Policing Wage Theft In The Day Labor Market, Stephen Lee
UC Irvine Law Review
No abstract provided.
Productive Unionism, 2014 SUNY Buffalo
Extending The Case For Workplace Transparency To Information About Pay, 2014 New York University
Extending The Case For Workplace Transparency To Information About Pay, Cynthia Estlund
UC Irvine Law Review
No abstract provided.
The Mary Poppins Problem: Enforcing Protective Legislation For Domestic Workers In America, 2014 Student
The Mary Poppins Problem: Enforcing Protective Legislation For Domestic Workers In America, Anna Pickrell
Sociology Honors Projects
State-level legislation to advance employment rights for domestic workers is on the rise in the United States, but implementation is largely ineffective due to a lack of representation on behalf of employees. This study analyzes the roles of two specific types of organizations — public policy networks pushing legislation for domestic workers and employment agencies placing workers into jobs — to better understand how enforcement of existing laws in this field can be improved through the services that protective organizations provide. Can domestic workers rely on these groups to secure their rights when individual employers may not, or do they …
Ideologically Oriented Enterprises Faced With The Reconfiguration Of Ethics And Spiritual Management, 2014 Brigham Young University Law School
Ideologically Oriented Enterprises Faced With The Reconfiguration Of Ethics And Spiritual Management, Louis-Léon Christians
BYU Law Review
No abstract provided.
Sewer Syndicalism: Worker Self-Management In Public Services, 2014 Elon University School of Law
Sewer Syndicalism: Worker Self-Management In Public Services, Eric M. Fink
Eric M Fink
In the late nineteenth and early twentieth centuries, municipal governments in various US cities assumed responsibility for utilities and other services that previously had been privately operated. In the late twentieth century, prompted by fiscal crisis and encouraged by neo-liberal ideology, governments embraced the concept of “privatization,” shifting management and control over public services to private entities.
Despite disagreements over the merits of privatization, both proponents and opponents accept the premise of a fundamental distinction between the “public” and “private” sectors, and between “state” and “market” institutions. A more skeptical view questions the analytical soundness and practical significance of these …
Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, 2014 Notre Dame Law School
Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman
Barry Cushman
Scholars interested in the development of political and constitutional culture during the 1930s sometimes draw inferences about popular preferences on various issues of social and economic policy from the results of presidential and congressional elections. A review of contemporary public opinion polls taken by George Gallup for the American Institute of Public Opinion and by Elmo Roper for the Fortune Magazine survey offers a more granular understanding of popular views on the public policy issues of the day. This article canvasses all of the public opinion polls taken by Gallup and Roper between 1935, when they began publishing their results, …
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, 2014 Pepperdine University
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann
Pepperdine Law Review
This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an NBA …
Access To Justice: Ensuring Equal Pay With The Paycheck Fairness Act, 2014 University of Maryland Francis King Carey School of Law
Access To Justice: Ensuring Equal Pay With The Paycheck Fairness Act, Deborah Thompson Eisenberg
Deborah Thompson Eisenberg
No abstract provided.
Whistleblowing And Free Speech: Garcetti's Early Progeny And Shrinking Constitutional Rights Of Public Employees, 2014 Touro University Jacob D. Fuchsberg Law Center
Whistleblowing And Free Speech: Garcetti's Early Progeny And Shrinking Constitutional Rights Of Public Employees, J. Michael Mcguinness
Touro Law Review
No abstract provided.
Grassroots Policy Advocacy And The California Domestic Worker Bill Of Rights, 2014 Golden Gate University School of Law
Grassroots Policy Advocacy And The California Domestic Worker Bill Of Rights, Hina Shah
Publications
Recent victories in domestic workers rights are a result of grassroots, worker-led campaigns to change the cultural value of domestic work and fundamentally question why the law treats these workers differently from other workers. Building visibility through worker leadership and broad-based coalitions, the domestic work campaigns have succeeded in gaining more equal treatment under the law. This is the story of the California campaign and the Golden Gate University Women’s Employment Rights Clinic’s role in the campaign.
'Whatever They Need, We Will Get Them', 2014 Northeastern University
'Whatever They Need, We Will Get Them', Roger Abrams
Roger I. Abrams
No abstract provided.
Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, 2014 California Western School of Law
Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson
Jennifer Jackson
We live in a rapidly evolving technological age, which now allows parents to enter surrogacy contracts. In such a world, the law often lags in catching up to technology and the ramifications that may ensue. This paper focuses on the California Family Rights Act (CFRA) and the consequences it has on surrogacy agreements and the rights intended parents. While the CFRA includes broad language as to the definition of a “child,” case law shows that surrogate born children may be unintentionally excluded. As a result, this paper analyzes the arguments both for and against revision to the CFRA and concludes …
To Read Or Not To Read: Privacy Within Social Networks, The Entitlement Of Employees To A Virtual “Private Zone” And The Balloon Theory, 2014 Yale Law School
To Read Or Not To Read: Privacy Within Social Networks, The Entitlement Of Employees To A Virtual “Private Zone” And The Balloon Theory, Shlomit Yanisky-Ravid
Shlomit Yanisky-Ravid Professor of Law
Social networking has increasingly become the most common venue of self-expression in the digital era. Although social networks started as a social vehicle, they have recently become a major source for employers to track personal data ("screening") of applicants, employees or former employees.
This article addresses the questions of whether this casual business routine harms employees' rights to privacy with regard to data users post in social networks, what the drawbacks of this routine may be, and why and how privacy rights should be protected to secure private zones within the virtual sphere. The article suggests that a privacy right …
Pre-Dispute Mandatory Arbitration In Employment Agreements, 2014 American University Washington College of Law
Pre-Dispute Mandatory Arbitration In Employment Agreements, Bahareh (Bee) Moradi
Upper Level Writing Requirement Research Papers
No abstract provided.
Vol. 31, No. 2, 2014 Chicago-Kent College of Law
Vol. 31, No. 2, Margaret Angelucci, Amanda Clark, Susan Matta
The Illinois Public Employee Relations Report
The Future of Public Sector Bargaining: One Decision to undo Them All, by Margaret Angelucci, Amanda Clark, and Susan Matta
Recent Developments
Tip-Pooling At Nevada Casinos—The Case At The Wynn And Why The Nevada State Gaming Control Board And Gaming Commission Should Set Strict Regulations On Tip-Pooling To Protect The Rights Of Dealers, Casinos, And The Reputation Of The Nevada Gaming Industry, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Tip-Pooling At Nevada Casinos—The Case At The Wynn And Why The Nevada State Gaming Control Board And Gaming Commission Should Set Strict Regulations On Tip-Pooling To Protect The Rights Of Dealers, Casinos, And The Reputation Of The Nevada Gaming Industry, Kandis Mcclure
UNLV Gaming Law Journal
No abstract provided.
Access To Justice: Ensuring Equal Pay With The Paycheck Fairness Act, 2014 University of Maryland Francis King Carey School of Law
Access To Justice: Ensuring Equal Pay With The Paycheck Fairness Act, Deborah Thompson Eisenberg
Congressional Testimony
No abstract provided.
Expanding The After-Acquired Evidence Defense To Include Post-Termination Misconduct, 2014 Chicago-Kent College of Law
Expanding The After-Acquired Evidence Defense To Include Post-Termination Misconduct, Holly G. Eubanks
Chicago-Kent Law Review
In 1995, the United States Supreme Court formulated the after-acquired evidence defense in employment discrimination litigation. The defense, if successfully established, allows the defendant to limit the damages available to the plaintiff. In order to assert the defense, a defendant must establish that it would have terminated the plaintiff based on after-acquired evidence of wrongdoing if the defendant had known of the wrongdoing prior to the termination. The defense, as generally accepted, applies to misconduct that occurs during employment and misconduct that occurs prior to employment in the application process. This note considers the potential expansion of the defense to …