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Gina's Genotypes, David H. Kaye 2010 Pennsylvania State University, Dickinson School of Law

Gina's Genotypes, David H. Kaye

Michigan Law Review First Impressions

In August 2009, the Board of Trustees of the University of Akron added to the university's employment policy the following proviso: "any applicant may be asked to submit fingerprints or DNA sample for purpose of a federal criminal background check." Although the federal government does not do background checks with DNA, the policy is significant because it highlights a largely unexplored feature of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). Hailed by the late Senator Edward Kennedy as "the first civil rights bill of the new century of life sciences," GINA generally prohibits employers from asking for "genetic ...


Educating The United States Supreme Court At Summers' School: A Lesson On The "Special Character Of The Animal", Rafael Gely, Ramona L. Paetzold, Leonard Bierman 2010 University of Missouri School of Law

Educating The United States Supreme Court At Summers' School: A Lesson On The "Special Character Of The Animal", Rafael Gely, Ramona L. Paetzold, Leonard Bierman

Faculty Publications

In this article, we explore the implications that Professor Summers' insights regarding public employment have for the Garcetti and Davenport decisions. In particular, we focus on the extent to which the political nature of public employment affects public employees' rights to freedom of speech as well as matters regarding the representational functions of public employee unions.


Understanding Card-Check Organizing: The Public Sector Experience, Rafael Gely, Timothy D. Chandler 2010 University of Missouri School of Law

Understanding Card-Check Organizing: The Public Sector Experience, Rafael Gely, Timothy D. Chandler

Faculty Publications

The use of “card checks” as a method of union organizing has recently garnered considerable attention, much of it surrounding the proposed Employee Free Choice Act. The proposed legislation seeks to amend the National Labor Relations Act by requiring employers to recognize a union when the employer is presented with evidence of majority support for union recognition via card checks. Despite this recent interest in card checks, there is little empirical research on the topic due, in part, to the lack of available data. Although card-check organizing in the private sector is not rare, such organizing is voluntary, and does ...


The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin 2010 IIT Chicago-Kent College of Law

The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Vol. 27, No. 1, Ronald J. Kramer 2010 Seyfarth Shaw LLP

Vol. 27, No. 1, Ronald J. Kramer

The Illinois Public Employee Relations Report

Contents:

Ricci v. DeStefano: What It Means for Public Employees, by Ronald J. Kramer

Recent Developments


The New Calculus Of Punitive Damages For Employment Discrimination Cases, Sandra F. Sperino 2010 University of Cincinnati College of Law

The New Calculus Of Punitive Damages For Employment Discrimination Cases, Sandra F. Sperino

Faculty Articles and Other Publications

To determine whether a punitive damages award is constitutionally excessive, courts are required, among other things, to consider the ratio of compensatory to punitive damages. No longer is the total sum of remedies the only relevant calculation in determining whether an award is excessive. The numbers the judge decides to use in the ratio comparison also become important, in many cases determining whether excessiveness review is even warranted.

Owing in part to the complexities of the employment discrimination remedies regime, courts make numerous errors when undertaking the required comparison in the employment discrimination context. When conducting the excessiveness calculus, some ...


Defamation In Employment Investigations: Bahr V. Boise Cascade Corporation And O'Donnell V. City Of Buffalo, Kristin Berger Parker, Ellen G. Sampson 2010 Mitchell Hamline School of Law

Defamation In Employment Investigations: Bahr V. Boise Cascade Corporation And O'Donnell V. City Of Buffalo, Kristin Berger Parker, Ellen G. Sampson

Journal of Law and Practice

No abstract provided.


Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz 2010 Valparaiso University School of Law

Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz

Law Faculty Publications

No abstract provided.


The Wild West Of Supreme Court Employment Discrimination Jurisprudence, Henry L. Chambers, Jr. 2010 University of Richmond

The Wild West Of Supreme Court Employment Discrimination Jurisprudence, Henry L. Chambers, Jr.

Law Faculty Publications

This Essay considers three cases decided in the Supreme Court's 2008-2009 term and notes some of the major issues that are left open for discussion after these cases; its purpose is not to catalog every issue that these cases raise. Taken together, these cases challenge employment discrimination doctrine in a fundamental way. This provides the Fourth Circuit in particular the opportunity to continue doing what it has often done-think creatively about employment discrimination doctrine. This is an observation, not a criticism of the Fourth Circuit. It suggests that the Fourth Circuit can make a difference. Of course, the Fourth ...


Fallout From 14 Penn Plaza V. Pyett: Fractured Arbitration Systems In The Unionized Workplace, Ann C. Hodges 2010 University of Richmond

Fallout From 14 Penn Plaza V. Pyett: Fractured Arbitration Systems In The Unionized Workplace, Ann C. Hodges

Law Faculty Publications

First, the article will review the history of arbitration of statutory employment claims, including the Pyett decision. Second, the article will look at the history and causes of legalism in arbitration. Then the article will consider the probable responses of employers and unions to Pyett. While predictions are necessarily speculative, it is likely that some unionized employers will seek to require employees to arbitrate statutory claims, perhaps in higher percentages than in the nonunion workplace. While unions may, and perhaps should, resist, many future collective bargaining agreements (CBAs) may contain such provisions. The article then discusses the alternative dispute resolution ...


Labor Rights For All? The Role Of Undocumented Immigrant Status For Worker Claims Making, Shannon Gleeson 2010 Cornell University

Labor Rights For All? The Role Of Undocumented Immigrant Status For Worker Claims Making, Shannon Gleeson

Articles and Chapters

Drawing on forty-one interviews with both documented and undocumented Latino restaurant workers in San Jose, California, and Houston, Texas, this article examines how documentation status shapes the legal consciousness of immigrant workers. I identify three common narratives that undocumented workers provide to justify not making claims on workplace protection. First, I highlight that an ever-present fear of deportation inhibits any formal confrontation. Second, I demonstrate how undocumented status leaves undocumented immigrants with a particularly pragmatic and short-term understanding of their working life in the United States, rendering their working conditions temporary and endurable to them. Third, I expand Gordon and ...


Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael McCann 2010 University of New Hampshire School of Law

Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann

Law Faculty Scholarship

This Essay examines U.S. Supreme Court Justice Sonia Sotomayor’s important role in shaping U.S. sports law. As a judge on the U.S. District Court for the Southern District of New York and later on the U.S. Court of Appeals for the Second Circuit, Sotomayor authored opinions that resolved two major sports law disputes: whether Major League Baseball (“MLB”) owners could unilaterally impose new labor conditions on MLB players during the 1994 baseball strike and whether Ohio State University sophomore Maurice Clarett was obligated to wait three years from the completion of high school to become ...


The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin 2010 IIT Chicago-Kent College of Law

The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin

All Faculty Scholarship

No abstract provided.


A Crumbling Pyramid: How The Evolving Jurisprudence Defining “Employee” Under The Adea Threatens The Basic Structure Of The Modern Large Law Firm, Jessica Fink 2010 California Western School of Law

A Crumbling Pyramid: How The Evolving Jurisprudence Defining “Employee” Under The Adea Threatens The Basic Structure Of The Modern Large Law Firm, Jessica Fink

Faculty Scholarship

Part I of this article describes the legal framework for analyzing whether a partner can sue under the Age Discrimination in Employment Act ("ADEA"), focusing on two fairly recent decisions in this area: (i) The U.S. Supreme Court's 2003 decision in Clackamas Gastroenterology Assoc., P.C. v. Wells, a case in which the Court had to determine whether director-shareholder physicians in a medical clinic should be deemed employees for purposes of the Americans with Disabilities Act ("ADA"); and (ii) the Seventh Circuit's 2002 decision in a lawsuit brought by the Equal Employment Opportunity Commission ("EEOC") against the ...


Justice Jesse Carter’S Passionate Defense Of Workers’ Rights: Challenging The Majority’S “Legal Legerdemain”, Marci Seville 2010 Golden Gate University School of Law

Justice Jesse Carter’S Passionate Defense Of Workers’ Rights: Challenging The Majority’S “Legal Legerdemain”, Marci Seville

Publications

In two 1953 decisions, Mercer-Fraser Company v. Industrial Accident Commission and Hawaiian Pineapple Company Ltd v. Industrial Accident Commission, the California Supreme Court considered the proper interpretation of Labor Code section 4553, a provision in the workers’ compensation system that allows for an additional monetary award when an employee is injured because of an employer’s “serious and willful misconduct.” The Court gave a restrictive reading to the Labor Code and annulled decisions of the California Industrial Accident Commission that had found serious and willful misconduct by the respective employers. In doing so, the Court departed from its earlier and ...


Forced Labor, Revisited: The Thirteenth Amendment And Abortion, Andrew Koppelman 2010 Northwestern University School of Law

Forced Labor, Revisited: The Thirteenth Amendment And Abortion, Andrew Koppelman

Faculty Working Papers

Many recent works on the Thirteenth Amendment break new ground, deploying the amendment in new and creative ways. This is not one of them. I here restate an argument I made twenty years ago, defending abortion rights on the basis of the amendment. I then consider how the work was received, offer some amendments to the argument, and conclude with some reflections on how, perhaps, it can have more influence in the future.


Of Dinosaurs And Birds: The Second Circuit’S “Forum Rule” As An Unwarranted Attack On Plaintiffs’ Employment Discrimination Class Action Attorneys’ Fee Petitions, Patrick F. Madden, Shanon J. Carson 2010 SelectedWorks

Of Dinosaurs And Birds: The Second Circuit’S “Forum Rule” As An Unwarranted Attack On Plaintiffs’ Employment Discrimination Class Action Attorneys’ Fee Petitions, Patrick F. Madden, Shanon J. Carson

Patrick F. Madden

No abstract provided.


Workplace Bullying As An Occupational Safety And Health Matter: A Comparative Analysis, Susan Harthill 2010 Florida Coastal School of Law

Workplace Bullying As An Occupational Safety And Health Matter: A Comparative Analysis, Susan Harthill

Susan Harthill

Workers who are bullied at work suffer physically and mentally, and can even be driven to suicide. There ought to be a law against workplace bullying, and in some countries, there is. Despite a growing body of inter-disciplinary work highlighting the prevalence and costs of workplace bullying in the United States, there are currently no U.S. state or federal laws expressly addressing the issue, despite the ground breaking work and legislative efforts of workplace bullying pioneers, David Yamada and Drs. Ruth and Gary Namie. The dismal fact for American workers is that the United States lags behind many other ...


Hedge Funds: 1997 Asian Financial Crisis, Response And Regulatory Measures In South Korea, Arun Khatri 2010 O.P Jindal University, Jindal Global Law School

Hedge Funds: 1997 Asian Financial Crisis, Response And Regulatory Measures In South Korea, Arun Khatri

Arun Khatri

Introduction:

The principal focus of this paper is on the role of hedge funds in the 1997 Asian financial crisis, and the reforms and regulations adopted by South Korea after the crisis. Apart from this it also discusses some aspects of the role played by world bodies like the IMF in bailing South Korea out of the crisis. The paper will begin with an analysis of events leading to the Asian financial crisis. From there, it will discuss the basic fundamentals of hedge funds, strategies employed by hedge funds and then their role in the crisis. It will then analyze ...


The Dean Takes His Stand: Julian Monnet's 1912 Harvard Law Review Article Denouncing Oklahoma's Discriminatory Grandfather Clause, Harry F. Tepker Jr. 2010 University of Oklahoma College of Law

The Dean Takes His Stand: Julian Monnet's 1912 Harvard Law Review Article Denouncing Oklahoma's Discriminatory Grandfather Clause, Harry F. Tepker Jr.

Harry F. Tepker Jr.

No abstract provided.


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