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What Would We Do Without Them: Whistleblowers In The Era Of Sarbanes-Oxley And Dodd-Frank, Sean Griffith, Jane A. Norberg, Ian Engoron, Alice BrightSky, Tracey McNeil, Jennifer M. Pacella, Judith Weinstock, Jason Zuckerman 2018 T.J. Maloney Chair in Business Law and the Director of the Fordham Corporate Law Center, Fordham University School of Law

What Would We Do Without Them: Whistleblowers In The Era Of Sarbanes-Oxley And Dodd-Frank, Sean Griffith, Jane A. Norberg, Ian Engoron, Alice Brightsky, Tracey Mcneil, Jennifer M. Pacella, Judith Weinstock, Jason Zuckerman

Fordham Journal of Corporate & Financial Law

No abstract provided.


Wouldn’T It Be Nice: Searching For Clarity In Intermittent Strike Adjudication, Thomas B. Fiascone 2018 Boston College Law School

Wouldn’T It Be Nice: Searching For Clarity In Intermittent Strike Adjudication, Thomas B. Fiascone

Boston College Law Review

An employee’s right to strike has been a fundamental piece of American labor law policy since its codification in the 1935 National Labor Relations Act. Recently, however, strike activity has undergone a dramatic transformation in response to rapidly declining rates of unionization. Instead of numerous union members striking for weeks on end, small numbers of employees have engaged in surprise one-day strikes in an attempt to maximize the potential effect on employers despite the strike’s brief nature. Such strikes, often referred to as “intermittent strikes,” fall into an area of legal ambiguity due to prior inconsistent adjudication. As ...


Deflategate Pumped Up: Analyzing The Second Circuit’S Decision And The Nfl Commissioner’S Authority, Josh Mandel 2018 University of Miami Law School

Deflategate Pumped Up: Analyzing The Second Circuit’S Decision And The Nfl Commissioner’S Authority, Josh Mandel

University of Miami Law Review

Deflategate was one of the most controversial scandals in NFL history, and while many became fascinated due to their love of football, Deflategate was ultimately rooted in law. NFL Commissioner Roger Goodell suspended Tom Brady, the legendary quarterback for the New England Patriots, for four games for engaging in “conduct detrimental to the integrity of and public confidence in the game of professional football.” More specifically, Goodell suspended Brady because he was generally aware of Patriots staff deflating footballs prior to the 2015 AFC Championship game, and because he failed to cooperate with the investigation into the deflated footballs.

Commissioner ...


Prevailing Wage Legislation And The Continuing Significance Of Race, David E. Bernstein 2018 Notre Dame Law School

Prevailing Wage Legislation And The Continuing Significance Of Race, David E. Bernstein

Journal of Legislation

No abstract provided.


The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer 2018 Brandman University

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design ...


Title Vii And The Collateral Source Rule: Evaluating The Not-So Equitable Remedy In Eeoc V. Consol Energy, Virginia Calistro 2018 Boston College Law School

Title Vii And The Collateral Source Rule: Evaluating The Not-So Equitable Remedy In Eeoc V. Consol Energy, Virginia Calistro

Boston College Law Review

On June 12, 2017, the Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the Northern District of West Virginia to refuse an offset to a Title VII damage award by the amount of pension payments received following the plaintiff's constructive discharge. In doing so, the court adopted a new interpretation of the collateral source rule and its applicability in employment discrimination pay awards. The effect of this decision is to further compound a split of authority between multiple federal courts of appeals regarding the treatment of certain benefits in the wake of ...


Public Entities Become A Model Against Age Discrimination: Expanding The Definition Of "Employer" In Guido V. Mount Lemmon Fire District, Kathryn Weston 2018 Boston College Law School

Public Entities Become A Model Against Age Discrimination: Expanding The Definition Of "Employer" In Guido V. Mount Lemmon Fire District, Kathryn Weston

Boston College Law Review

In Guido v. Mount Lemmon Fire District, the Ninth Circuit split with four other circuits in its understanding of the definition of employer under the Age Discrimination in Employment Act (“ADEA”). For decades, the other circuits found that the ADEA’s definition of employer excluded both private and public entities that did not meet the statute’s numerosity requirement of twenty or more employees. The Ninth Circuit broke with this interpretation and found that the ADEA’s numerosity requirement was applicable only to private entities. This ruling established that employing fewer than twenty people does not exempt a public entity ...


Cementing Good Law By Tolerating Bad Outcomes: Examining The Eighth Circuit's Commitment To Upholding The Defense Of Qualified Immunity For Prison Officials In Kulkay V. Roy, Peter Diliberti 2018 Boston College Law School

Cementing Good Law By Tolerating Bad Outcomes: Examining The Eighth Circuit's Commitment To Upholding The Defense Of Qualified Immunity For Prison Officials In Kulkay V. Roy, Peter Diliberti

Boston College Law Review

On February 2, 2017, the U.S. Court of Appeals for the Eighth Circuit decided Kulkay v. Roy and affirmed the U.S. District Court for the District of Minnesota’s dismissal of plaintiff’s civil rights claims under the Eighth and Fourteenth Amendments. The plaintiff, a former inmate at a Minnesota correctional facility, sued the correctional facility and related officials for failing to install safety features on a piece of machinery and not providing him with adequate usage training after he suffered damage to his hand while operating the beam saw. The district court held that the plaintiff inmate ...


Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt 2018 Penn State Law

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt

Arbitration Law Review

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for ...


Labor-Management Cooperation: Bath Iron Works's Bold New Approach, Jonathan B. Goldin University of Maine School of Law 2018 University of Maine School of Law

Labor-Management Cooperation: Bath Iron Works's Bold New Approach, Jonathan B. Goldin University Of Maine School Of Law

Maine Law Review

An increasing number of employers and unions have found that the best way to compete in the marketplace and secure both profits for the firm and good jobs for workers is through cooperative worker-management relations. As Americans obtain more education, and with the changing nature of some work, employers increasingly find it appropriate to rearrange responsibilities and tasks to employees, who work sometimes as teams and other times as individuals. For their part, more highly educated employees express greater desire to participate in workplace decisions and have the knowledge and competence to undertake more tasks at the workplace. It is ...


Vol. 35, No. 2, Stephanie Fortado 2018 Chicago-Kent College of Law

Vol. 35, No. 2, Stephanie Fortado

The Illinois Public Employee Relations Report

Where Do We Go From Here? Martin Luther King, Jr.’s Labor Legacy and the Current Attacks on Public Sector Unions, by Stephanie Fortado

Recent Developments


We Can Thank Harvey Weinstein For Doing What Congress And The Supreme Court Failed To Do, David S. Sherwyn, Paul Wagner 2018 Cornell University School of Hotel Administration

We Can Thank Harvey Weinstein For Doing What Congress And The Supreme Court Failed To Do, David S. Sherwyn, Paul Wagner

Articles and Chapters

While the years 2017 and 2018 will be remembered for numerous geo political and social movements, any retrospective of this time will include the issue of sexual harassment and the corresponding “Me Too” movement. In this time, sexual harassment has transformed from a workplace legal concept to an issue that is defining the fabric of the country. While no one could persuasively argue that sexual harassment has not expanded from its legal roots to a movement that transcends the law, the fact is that the concept is rooted and adjudicated in law. Sadly, the commentators and the popular press often ...


Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen 2018 Drexel University

Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen

Cleveland State Law Review

In the past few years, many large companies, including Netflix, Amazon and Facebook have implemented expanded—and very generous—parental leave policies. While on the surface these policies seem employee-friendly and even big-hearted, when one explores the potential consequences of taking such leave, the policies are fraught with potential dangers for employees. In a groundbreaking new study, researchers have found that employers view time off or flexible work arrangements made for an employee’s personal reasons as negatively reflecting on an employee’s work commitment. But what happens if a company decides to terminate an employee because they have taken ...


Sports, Inc., Volume 10, Issue 2, ILR Sports Business Society 2018 Cornell University ILR School

Sports, Inc., Volume 10, Issue 2, Ilr Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box, Katherine English 2018 Indiana University

Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box, Katherine English

Indiana Law Journal

Each year, roughly 700,000 prisoners are released from their six-by-eight-foot cells and back into society. Sadly, though, many of these ex-prisoners are not truly free. Upon returning to society, they often encounter several challenges that prevent them from resuming a normal, reintegrated lifestyle. For many, the difficulties associated with reentry prove to be too much, and within a short three years of their release, two-thirds of ex-offenders are rearrested, reconvicted, and thrown back into the familiar six-by-eight-foot cell. Recidivism might appear to be entirely the exoffenders’ fault, but ex-offenders are not solely responsible for these recidivism rates or the ...


Combating Discrimination Against The Formerly Incarcerated In The Labor Market, Angela Onwuachi-Willig, Ifeoma Ajunwa 2018 Boston University School of Law

Combating Discrimination Against The Formerly Incarcerated In The Labor Market, Angela Onwuachi-Willig, Ifeoma Ajunwa

Faculty Scholarship

Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements — which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior to ...


Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal 2018 West Virginia University

Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal

West Virginia Law Review

No abstract provided.


Regulation Of Silica: Will Lowering The Exposure Level Cost Jobs Or Improve Public Health?, Elizabeth Ann Glass Geltman 2018 CUNY School of Public Health

Regulation Of Silica: Will Lowering The Exposure Level Cost Jobs Or Improve Public Health?, Elizabeth Ann Glass Geltman

West Virginia Law Review

No abstract provided.


Community Orchards And Food Security In Appalachia, Ursula Ramsey 2018 West Virginia University

Community Orchards And Food Security In Appalachia, Ursula Ramsey

West Virginia Law Review

No abstract provided.


A Review Of Supreme Court Cases Involving Workplace Retaliation: 2006-2018, Rachel Quinn Pearson 2018 Western Kentucky University

A Review Of Supreme Court Cases Involving Workplace Retaliation: 2006-2018, Rachel Quinn Pearson

Masters Theses & Specialist Projects

Employers want to reduce or eliminate claims of employee retaliation whenever possible because of associated negative organizational consequences such as legal liability, various financial costs for the organization, and negative effect on employee morale. As such, it is important to identify the factors that impact the court’s decision to rule in favor of the plaintiff or the defendant. The purpose of the present study is to identify factors driving the court’s decision, as well as to review the implications of recent Supreme Court holdings for retaliation issues. Supreme Court cases involving a claim of employee retaliation from BNSF ...


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