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Congressional Power To Regulate Sex Discrimination: The Effect Of The Supreme Court's "New Federalism", Calvin Massey 2017 University of Maine School of Law

Congressional Power To Regulate Sex Discrimination: The Effect Of The Supreme Court's "New Federalism", Calvin Massey

Maine Law Review

Congressional power to prevent and remedy sex discrimination in employment has been founded almost entirely upon the commerce power and Section 5 of the Fourteenth Amendment, which gives Congress power “to enforce, by appropriate legislation” the equal protection guarantee. The commerce power has enabled Congress to prohibit private sex discrimination in employment, and the combination of the commerce and enforcement powers has enabled Congress to prohibit such sex discrimination by public employers. From the late 1930s until the early 1990s the doctrinal architecture of these powers was relatively stable, even if statutory action to realize the promise of a nondiscriminatory ...


The Unenforced Promise Of Equal Pay Acts: A National Problem And Possible Solution From Maine, Elizabeth J. Wyman Esq. 2017 University of Maine School of Law

The Unenforced Promise Of Equal Pay Acts: A National Problem And Possible Solution From Maine, Elizabeth J. Wyman Esq.

Maine Law Review

Equal pay for women is a concept that has been around for a long time. It was during World War I that women were first guaranteed pay equity in the form of regulations enforced by the War Labor Board of 1918. The Board's equal pay policy required manufacturers, who put women on the payroll while male employees were serving in the military, to pay those women the same wages that were paid to the men. The National War Labor Board continued that trend through World War II. Shortly after the war, states began enacting statutes that required employers to ...


Foreword: Law, Labor And Gender, Jennifer B. Wriggins 2017 University of Maine School of Law

Foreword: Law, Labor And Gender, Jennifer B. Wriggins

Maine Law Review

The theme of the conference, Law, Labor, & Gender, came out of a working group comprised of law students, lawyers, a judge, and myself. We thought that a number of issues deserved attention, ranging from current jurisprudence on employment discrimination to more theoretical issues having to do with work/family dilemmas. Professor Deborah Rhode kindly accepted our invitation to be the keynote speaker, and various other academic speakers also agreed to present papers. The working group, and the editors of the Maine Law Review, drafted and sent out a call for papers to approximately 1600 law professors and others. The Law ...


Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand 2017 University of Maine School of Law

Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand

Maine Law Review

On the heels of federal legislation prohibiting employment discrimination most states, including Maine, have enacted their own civil or human rights statutes aimed at eliminating discriminatory behavior in the workplace. Like its federal counterpart, Title VII of the Civil Rights Act of 1964 (Title VII), the Maine Human Rights Act, enacted in 1971, prohibits employers from discriminating on the basis of race, gender, age, religion, or national origin and provides a civil remedy for victims of employment discrimination. Moreover, like Title VII, the question of just who constitutes a liable “employer” under the Maine Human Rights Act has been the ...


Customer Domination At Work: A New Paradigm For The Sexual Harassment Of Employees By Customers, Einat Albin 2017 Hebrew University of Jerusalem

Customer Domination At Work: A New Paradigm For The Sexual Harassment Of Employees By Customers, Einat Albin

Michigan Journal of Gender and Law

This Article introduces a novel legal paradigm—customer domination at work—to address the sexual harassment of employees by customers. This new approach challenges the prevailing paradigm, which focuses on the employer-employee binary relationship. I show how, under current Title VII law, the prevailing paradigm leads to a weaker form of employer liability than other instances where employers are liable for the sexual harassment of their employees. The protection for workers is also limited. The same is true of two other legal regimes discussed in the Article: Germany and Britain. More importantly, I argue that the prevailing paradigm precludes a ...


2017 Newsletter, Golden Gate University School of Law 2017 Golden Gate University School of Law

2017 Newsletter, Golden Gate University School Of Law

Women’s Employment Rights Clinic

No abstract provided.


The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert 2017 CUNY Hunter College

The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Publications and Research

This article presents a history of collective bargaining in higher education during and just after World War II, decades before the establishment of applicable statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions. The article also examines the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty, teachers, and instructors. The first known collective agreements applicable to faculty, teachers and instructors, were negotiated by those unions before UPWA was destroyed during the ...


Ai And Jobs: The Role Of Demand, James Bessen 2017 Boston University School of Law

Ai And Jobs: The Role Of Demand, James Bessen

Faculty Scholarship

In manufacturing, technology has sharply reduced jobs in recent decades. But before that, for over a century, employment grew, even in industries experiencing rapid technological change. What changed? Demand was highly elastic at first and then became inelastic. The effect of artificial intelligence (AI) on jobs will similarly depend critically on the nature of demand. This paper presents a simple model of demand that accurately predicts the rise and fall of employment in the textile, steel, and automotive industries. This model provides a useful framework for exploring how AI is likely to affect jobs over the next 10 or 20 ...


Panel 2: The Nlrb, Unions, Courts, And Democracy, Elizabeth L. MacDowell, Matthew Dimick, Charlotte Garden, Ryan McGinley Stempel, Ann C. McGinley, Brishen Rogers 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Panel 2: The Nlrb, Unions, Courts, And Democracy, Elizabeth L. Macdowell, Matthew Dimick, Charlotte Garden, Ryan Mcginley Stempel, Ann C. Mcginley, Brishen Rogers

Matthew Dimick

Moderator: Elizabeth MacDowell Matthew Dimick: Unions, Employers and Social Policy Preferences Charlotte Garden: Union Made: Labor's Litigation for Broad Social Change Ryan McGinley Stempel & Ann McGinley: Facebook and Concerted Activity: A Renewal of Democracy at Work? Brishen Rogers: Passion and Reason in Labor Law


Third Generation Discrimination: The Ripple Effects Of Gender Bias In The Workplace, Catherine Ross Dunham 2017 The University of Akron

Third Generation Discrimination: The Ripple Effects Of Gender Bias In The Workplace, Catherine Ross Dunham

Akron Law Review

This Article joins together threads of ongoing conversations regarding implicit bias and gender discrimination. The Article builds on the groundbreaking work of Susan Sturm of Columbia University who developed the theory of second generation gender discrimination, Title VII gender discrimination based on implicit bias, in her article Second Generation Employment Discrimination: A Structural Approach, 101 Colum. L. Rev. 458 (2001). In her article, Sturm developed a theory to pursue Title VII claims where the employment practice at issue is facially-neutral, but the effect of the policy in a bias-based, homogeneous work environment is discriminatory. Since 2001, several high profile cases ...


Law-And-Economics Approaches To Labour And Employment Law, Stewart J. Schwab 2017 Cornell Law School

Law-And-Economics Approaches To Labour And Employment Law, Stewart J. Schwab

Stewart J Schwab

This article describes the distinctive approaches that law and economics takes to labour and employment law. The article distinguishes between ‘economic analysis of law’ and ‘law and economics’, with the former applying economic models to generally simple legal rules while the latter blends messier institutional detail with legal and economic thought. The article describes three eras of law-and-economics scholarship, recognizing that economics teaches that markets work and markets fail. Era One emphasizes that labour laws and mandatory employment rules might reduce overall social welfare by preventing a benefit or term from going to the party that values it most highly ...


The Supreme Court’S Application Of 'Ordinary Contract Principles' To The Issue Of The Duration Of Retiree Healthcare Benefits: Perpetuating The Interpretation/Gap-Filling Quagmire, Robert A. Hillman 2017 Cornell Law School

The Supreme Court’S Application Of 'Ordinary Contract Principles' To The Issue Of The Duration Of Retiree Healthcare Benefits: Perpetuating The Interpretation/Gap-Filling Quagmire, Robert A. Hillman

Robert Hillman

The United States Supreme Court purported to apply "ordinary contract principles" in its decision reversing the Sixth Circuit Court of Appeals in M&G Polymers USA v. Tackett . The Sixth Circuit had held that plaintiffs, retired employees of M&G, were entitled to lifetime healthcare benefits under their union's agreement with M&G. According to the Supreme Court, the Sixth Circuit wrongly relied on a false set of "inferences" established in International Union v. Yard-Man, Inc. to find that "in the absence of extrinsic evidence to the contrary, the provisions of [the collective bargaining agreement] indicated an intent to ...


Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo 2017 Unza School of Law

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Muna B Ndulo

No abstract provided.


Petition For A Writ Of Certiorari. Kirk V. Invesco, Limited, 138 S.Ct. 1164 (2018) (No. 17-762), 2017 U.S. S. Ct. Briefs Lexis 4618, 2017 Wl 5665441, Eric Schnapper, Nitin Sud 2017 University of Washington School of Law

Petition For A Writ Of Certiorari. Kirk V. Invesco, Limited, 138 S.Ct. 1164 (2018) (No. 17-762), 2017 U.S. S. Ct. Briefs Lexis 4618, 2017 Wl 5665441, Eric Schnapper, Nitin Sud

Court Briefs

QUESTION PRESENTED The Fair Labor Standards Act provides that covered employees who work more than 40 hours in a week must generally be paid overtime at a rate one and one-half times their regular rate. To assure compliance with that overtime rule, the Act and governing regulations require employers to maintain records of all hours worked by covered employees. If an employer has failed to keep the legally required records, the burden on the employee under Anderson v. Mt. Clemens Pottery Co. is simply to "produce[] sufficient evidence to show the amount and extent of that work as a matter ...


Using The Anglo-American Respondeat Superior Principle To Assign Responsibility For Worker Statutory Benefits And Protections, Michael Harper 2017 Boston University School of Law

Using The Anglo-American Respondeat Superior Principle To Assign Responsibility For Worker Statutory Benefits And Protections, Michael Harper

Faculty Scholarship

When viewed flexibly, not to find doctrinal rules, but rather to find insight from the collective judicial weighing of social values, the common law may have particular value for modern policy makers. For instance, a common law insight could set policy makers in both the United States (U.S.) and the United Kingdom (U.K.) on a promising path for defining when workers are to be protected and benefited by employment statutes. That insight reflects the underlying rationale for the common law that made relevant the initial distinction between employees and independent contractors - the common law of vicarious liability through ...


The Devil Is In The Details: Attorney Heterogeneity And Employment Arbitration Outcomes, J. Ryan Lamare 2017 University of Illinois at Urbana-Champaign

The Devil Is In The Details: Attorney Heterogeneity And Employment Arbitration Outcomes, J. Ryan Lamare

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Conventional wisdom holds that hiring a lawyer will improve outcomes for non-union employees who take individual rights complaints to arbitration. However, the limited amount of empirical scholarship into this topic has rarely accounted for the concurrent influence of employer representatives, or for the presence and effects of employee and employer attorney heterogeneity. I analyze all arbitration awards rendered within the securities industry from the implementation of its ADR program through the late-2000s, and first find that hiring an attorney benefits employees only in the rare cases that employers do not also include an agent. I then account for attorney selection ...


Why Don’T They Complain? The Social Determinants Of Chinese Migrant Workers’ Grievance Behaviors, Duanyi Yang 2017 Massachusetts Institute of Technology

Why Don’T They Complain? The Social Determinants Of Chinese Migrant Workers’ Grievance Behaviors, Duanyi Yang

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Using survey data from China, I examine how migrant workers respond to violations of labor law in their workplaces. The central puzzle explored is why, given apparent widespread violations, some workers choose not to pursue remedies. I find that although workers with shared local identities with their employers are more likely to work without employment contracts, they are less likely to be exposed to safety and health hazards at work and less likely to interpret problems experienced as a violation of their legal rights. This paper extends the research on grievance behavior by drawing on research from Law and Society ...


The Progressives: Racism And Public Law, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

The Progressives: Racism And Public Law, Herbert J. Hovenkamp

Faculty Scholarship

American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?

When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that ...


Columbia University And Incarcerated Worker Labor Unions Under The National Labor Relations Act, Kara Goad 2017 Cornell Law School

Columbia University And Incarcerated Worker Labor Unions Under The National Labor Relations Act, Kara Goad

Cornell Law Review

No abstract provided.


Resurrecting Labor, Rick Bales 2017 University of Maryland Francis King Carey School of Law

Resurrecting Labor, Rick Bales

Maryland Law Review

Participation in American labor unions has changed radically, albeit incrementally, over the last fifty years. Private-sector union density has declined five-fold, whereas public-sector density has increased almost as significantly. Today, unions rarely strike, and in much of the country, they are politically impotent. As traditional manufacturing declines and is replaced by on-demand work, unions risk becoming a historical footnote.

This Article ties the decline in union density and power to macroeconomic trends that are highly troubling in an advanced democracy, such as rising income inequality and the failure of wage growth to keep pace with gross domestic product (“GDP”) growth ...


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