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From Student-Athletes To Employee-Athletes: Why A "Pay For Play" Model Of College Sports Would Not Necessarily Make Educational Scholarships Taxable, Marc Edelman 2017 City University of New York

From Student-Athletes To Employee-Athletes: Why A "Pay For Play" Model Of College Sports Would Not Necessarily Make Educational Scholarships Taxable, Marc Edelman

Boston College Law Review

In recent years, numerous commentators have called for the National Collegiate Athletic Association (“NCAA”) to relax its rules prohibiting athlete pay. This movement to allow athletes to share in the revenues of college sports arises from the belief that college athletes sacrifice too much time, personal autonomy, and physical health to justify their lack of pay. It further criticizes the NCAA’s “no pay” rules for keeping the revenues derived from college sports “in the hands of a select few administrators, athletic directors, and coaches.” Nevertheless, opponents of “pay for play” contend that several problems will emerge from lifting the ...


Trade Union Trade-Offs: Unions, Voters, And The Rise Of Right-Wing Populism, Kim Gabbitas 2017 The University Of Utah

Trade Union Trade-Offs: Unions, Voters, And The Rise Of Right-Wing Populism, Kim Gabbitas

Claremont-UC Undergraduate Research Conference on the European Union

Trade union membership in European Union member states has been in decline for decades, which has many concerned about the future of workers’ rights. While existing work examines the reasons for this decline, my research shifts the focus from union density to the functions unions serve and how these functions affect and are affected by changing electoral behavior. I examine the rise of right-wing populist movements in Europe and how these movements and the challenges today’s labor unions face can be traced to the same underlying forces. I argue that, as the relevance of trade unions declines for blue-collar ...


National Labor Relations Board V. Catholic Bishop Of Chicago, James E. Serritella, Reuben & Proctor, Chicago, Illinois 2017 St. John's University School of Law

National Labor Relations Board V. Catholic Bishop Of Chicago, James E. Serritella, Reuben & Proctor, Chicago, Illinois

The Catholic Lawyer

No abstract provided.


The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno 2017 The Graduate Center, City University of New York

The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno

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

Shorter working hours drew much attention as a means of fighting unemployment and crisis in capitalism during the first half of the twentieth century. Nowadays, shorter work-time is rarely considered a policy option to fix economic or social issues in the United States and Japan. This dissertation presents a history of work-time regulation in the United States and Japan to examine how and why its developments and stalemate took place.

In the big picture, developments of work-time regulation during the first half of the twentieth century were a part of concessional modifications of class relations, a common phenomenon in many ...


Jerome Lefkowitz : A Pragmatic Intellect And Major Figure In Taylor Law History, William A. Herbert 2017 Hunter College, City University of New York

Jerome Lefkowitz : A Pragmatic Intellect And Major Figure In Taylor Law History, William A. Herbert

William A. Herbert

This essay examines the professional career of Jerome Lefkowitz, a central figure in the history of the Taylor Law, New York's public sector collective bargaining statute. It was written for the website of the New York Public Employment Relations Board (PERB) tied with the 50th anniversary of the law. Mr. Lefkowitz helped draft the Taylor Law, and served as PERB's first Deputy Chairperson (1967-1986), and its fifth Chairperson (2007-2015). The essay examines Mr. Lefkowitz's accomplishments in both positions including establishing and reasserting PERB's independence. 


Uber In The U.S. And Canada: Is The Gig-Economy Exploiting Or Exploring Labor And Employment Laws By Going Beyond The Dichotomous Workers’ Classification?, Yasaman Moazami 2017 University of Miami Law School

Uber In The U.S. And Canada: Is The Gig-Economy Exploiting Or Exploring Labor And Employment Laws By Going Beyond The Dichotomous Workers’ Classification?, Yasaman Moazami

University of Miami International and Comparative Law Review

No abstract provided.


Aspectos Laborales En Los Tratados De Libre Comercio Y Acuerdos De Integración Regional: Entre Normas Internacionales Del Trabajo Y “Cláusulas Sociales” En El Derecho Estatal, Inter-Estatal Y Transnacional. Del Nafta Al Tpp, Marlon M. Meza-Salas 2017 University of Miami Law School

Aspectos Laborales En Los Tratados De Libre Comercio Y Acuerdos De Integración Regional: Entre Normas Internacionales Del Trabajo Y “Cláusulas Sociales” En El Derecho Estatal, Inter-Estatal Y Transnacional. Del Nafta Al Tpp, Marlon M. Meza-Salas

University of Miami International and Comparative Law Review

No abstract provided.


Clarifying Stereotyping, Kerri Lynn Stone 2017 Florida International University College of Law

Clarifying Stereotyping, Kerri Lynn Stone

Kerri Stone

This Article addresses the largely undefined, misunderstood-yet-often-resorted-to concept of “stereotyping” as a basis for, or sufficient evidence of, liability for employment discrimination. Since, the concept’s genesis in Supreme Court jurisprudence in 1989, Price Waterhouse v. Hopkins, plaintiffs have proffered remarks alleged to be tinged with, or indicating the presence of, impermissible stereotypes as evidence of discrimination based on protected-class status – be that sex, race, color, religion, or national origin – in contravention of Title VII of the Civil Rights Act of 1964. The Article examines the language in Hopkins and its precise mandates and guidance for lower courts. It then ...


From Queen Bees And Wannabes To Worker Bees: Why Gender Considerations Should Inform The Emerging Law Of Workplace Bullying, Kerri Lynn Stone 2017 Florida International University College of Law

From Queen Bees And Wannabes To Worker Bees: Why Gender Considerations Should Inform The Emerging Law Of Workplace Bullying, Kerri Lynn Stone

Kerri Stone

This Article submits that the documented phenomenon of workplace bullying operates to stymie the retention and advancement of women in the workplace Research documented in books like Queen Bees and Wannabes shows that as early as the schoolyard, males and females tend to socialize differently, engage in and resolve conflict with peers differently, and absorb bullying behavior differently. Girls often believe or are taught to believe that direct conflict or confrontation is unpalatable and tend to employ more passive aggressive means of engagement with foes. They often internalize and repress feelings that boys are more likely to express. Viewing the ...


Independent Contractor Or Employee: I’M Uber Confused! Why California Should Create An Exception For Uber Drivers And The “On-Demand Economy”, Andre Andoyan 2017 Golden Gate University School of Law

Independent Contractor Or Employee: I’M Uber Confused! Why California Should Create An Exception For Uber Drivers And The “On-Demand Economy”, Andre Andoyan

Golden Gate University Law Review

Part I of this comment details California employment law, how it has been applied to Uber, and how Uber, along with other “On-Demand Economy” companies, are different than other companies. Part II presents the current legal issues in worker classification. Part II also proposes the exception that should apply to Uber drivers and discusses why Uber, and other “On-Demand Economy” companies, should be entitled to this exception, including the practical problems with an employment classification for Uber. Part III concludes that changing our worker-classification laws is a compromise that will benefit drivers, Uber, and reflect the changes in our society.


Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez 2017 The University of Western Ontario

Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez

Electronic Thesis and Dissertation Repository

The primary focus of this thesis is to analyze and compare the legal systems enacted to protect working women in Colombia and Canada. This thesis focuses on: the protection of maternity and parental rights; the principle of equal pay for work of equal value; and discrimination in employment (including harassment). This research argues that the legislative and judicial changes made in each country to protect working women have not led to substantive equality for working women. This thesis also argues that there is a gap between international and national standards, thus a law reform is appropriate and needed in both ...


Babies Aren't U.S., Zachary J. Devlin 2017 University of Massachusetts School of Law

Babies Aren't U.S., Zachary J. Devlin

University of Massachusetts Law Review

Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender ...


The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea 2017 Penn State Law

The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea

Arbitration Law Review

No abstract provided.


Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich 2017 Penn State Law

Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich

Arbitration Law Review

No abstract provided.


The Effects Of Employment On Recidivism Among Delinquent Juveniles, Leigh Kassem 2017 East Tennessee State University

The Effects Of Employment On Recidivism Among Delinquent Juveniles, Leigh Kassem

Electronic Theses and Dissertations

Current research indicates an association between intense adolescent work (twenty hours or more per week) and delinquent behavior. It has been widely speculated that this relationship is spurious, occurring only as a result of other factors which are common to both offending and intense employment. The current study attempts to fill a gap in the literature by utilizing the Pathways to Desistance dataset to examine the evolution of the relationship between work and self-reported offending in a longitudinal sample of juvenile offenders. Work intensity and consistency, social capital, and expectations for success were analyzed as potential predictors of recidivism or ...


Revisiting Erisa’S Church Plan Exemption After Advocate Health Care Network V. Stapleton, Emily Morrison 2017 Northwestern University Pritzker School of Law

Revisiting Erisa’S Church Plan Exemption After Advocate Health Care Network V. Stapleton, Emily Morrison

Northwestern University Law Review

For much of the last forty years, ERISA’s church plan exemption has existed quietly without much fanfare. But increased litigation over the last five years has dragged the exemption into the spotlight. The litigation focuses on religiously affiliated hospital systems and whether their pension plans have been correctly classified as church plans exempt from ERISA.

This Note examines the history behind the church plan exemption, including statutory modifications made in 1980 and the IRS’s longstanding interpretation of these changes, which precipitated the dispute at issue in the current wave of litigation. While the U.S. Supreme Court’s ...


A Property Rights Approach To Temporary Work Visas, Adam B. Cox, Alessandra Casella 2017 NYU School of Law

A Property Rights Approach To Temporary Work Visas, Adam B. Cox, Alessandra Casella

New York University Law and Economics Working Papers

Temporary labor visa rules in the United States are criticized on three grounds: for failing to allocate visas efficiently, for failing to adequately protect domestic workers, and for exposing migrant workers to exploitation. We argue that it is possible to address all three problems by re-configuring the property rights associated with the visas and carefully designing the mechanism for allocating those rights. Our core insight is to unbundle the two rights that today are typically combined: the firm’s right to employ a foreign worker, and the worker’s right to reside and work in the country during that time ...


The Tax Lives Of Uber Drivers: Evidence From Online Forums, Diane M. Ring, Shu-Yi Oei 2017 Boston College Law School

The Tax Lives Of Uber Drivers: Evidence From Online Forums, Diane M. Ring, Shu-Yi Oei

Shu-Yi Oei

In this Article, we investigate the tax issues and challenges facing Uber and Lyft drivers by studying their online interactions in three internet discussion forums: Reddit.com, Uberpeople.net, and Intuit TurboTax AnswerXchange. Using descriptive statistics and content analysis, we examine (1) the substantive tax concerns facing forum participants, (2) how taxes affect their driving and profitability decisions, and (3) the degree of user sophistication, accuracy of legal advising, and other cultural features of the forums.

We find that while forum participants displayed generally accurate understandings of tax filing and income inclusion obligations, their approaches to expenses and deductions were ...


Human Equity? Regulating The New Income Share Agreements, Diane M. Ring, Shu-Yi Oei 2017 Boston College Law School

Human Equity? Regulating The New Income Share Agreements, Diane M. Ring, Shu-Yi Oei

Shu-Yi Oei

A controversial new financing phenomenon has recently emerged. New “income share agreements” (“ISAs”) enable an individual to raise funds by pledging a percentage of her future earnings to investors for a certain number of years. These contracts, which are offered by entities such as Fantex, Upstart, Pave, and Lumni, raise important questions for the legal system: Are they a form of modern-day indentured servitude or an innovative breakthrough in human financing? How should they be treated under the law? This Article constitutes the first real attempt in the legal literature to comprehensively address the public policy and legal issues raised ...


Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner 2017 Emory University

Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner

Indiana Law Journal

Why does U.S. legal culture tolerate unprecedented economic inequality even as it valorizes social equality along identity lines? This Article takes a significant step toward answering this question by examining the relationship between U.S. employment-discrimination law and neoliberalism. It shows that the rise of anti-discrimination ideals in the late twentieth century was intertwined with the de-regulation of labor and with cutbacks in the welfare state. The Article argues that even “best practices” to prevent employment discrimination are insufficient to realize a labor market responsive to the needs of low-income workers for adequate wages, safe work conditions, and work ...


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