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Politically Engaged Unionism: The Culinary Workers Union In Las Vegas, Ruben J. Garcia 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Politically Engaged Unionism: The Culinary Workers Union In Las Vegas, Ruben J. Garcia

Scholarly Works

This chapter, in Richard Bales and Charlotte Garden's forthcoming book, Reviving American Labor: Labor Law for Twenty-First Century Economy, introduces the reader to "politically engaged unionism" as demonstrated by the bargaining successes of The Culinary Workers Union Local 226 in Las Vegas, Nevada. Professor Ruben J. Garcia provides a brief background of the union and its member demographics, arguing it can serve as a model for unions across the country.


Bermuda: Public Health Insurance, Maxwell Mead 2018 Augustana College, Rock Island Illinois

Bermuda: Public Health Insurance, Maxwell Mead

Global Public Health

Bermuda, a British island territory located in the remote North Atlantic, remains a serviceable country to its citizens. However, it still lacks a national healthcare system: marking it as a difficult country to live in. Despite acknowledging this issue, Bermudan officials have made few attempts to fix the problem. This, in turn, has made Bermuda the highest annual spender on health per capita in the world at $11,952. As such, the cost of living is rather high in Bermuda, sitting at a full 94.86% higher than the cost of living in the United States. All of this makes ...


Crossing The Thin Blue Line: Protecting Law Enforcement Officers Who Blow The Whistle, Ann C. Hodges 2018 University of Richmond

Crossing The Thin Blue Line: Protecting Law Enforcement Officers Who Blow The Whistle, Ann C. Hodges

Law Faculty Publications

Law enforcement makes headline news for shootings of unarmed civilians, departmental corruption, and abuse of suspects and witnesses. Also well-documented is the code of silence, the thin blue line, which discourages officers from reporting improper and unlawful conduct by fellow officers. Accordingly, accountability is challenging and mistrust of law enforcement abounds. There is much work to be done in changing the culture of police departments and many recommendations for change. One barrier to transparency that has been largely ignored could be eliminated by reversal of the Supreme Court’s 2006 decision in Garcetti v. Ceballos. Criticism of the decision has ...


The Parity Principle, Luke P. Norris 2018 University of Richmond

The Parity Principle, Luke P. Norris

Law Faculty Publications

The Supreme Court has interpreted the Federal Arbitration Act of 1925 (FAA) in a broad way that has allowed firms to widely privatize disputes with workers and consumers. The resulting expansive growth of American arbitration law has left commentators both concerned about the structural inequalities that permeate the regime and in search of an effective limiting principle. This Article develops such a limiting principle from the text and history of the FAA itself. The Article reinterprets the text and history of section 1 of the statute, which, correctly read, excludes individual employee-employer disputes from the statute’s coverage. The Article ...


Criminal Employment Law, Benjamin Levin 2018 University of Colorado Law School

Criminal Employment Law, Benjamin Levin

Articles

This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with ...


Title Vii And The #Metoo Movement, Rebecca White 2018 University of Georgia School of Law

Title Vii And The #Metoo Movement, Rebecca White

Scholarly Works

The #MeToo movement has drawn unprecedented attention to sexual harassment in the workplace. But there is a disconnect between sexual harassment as popularly understood and sexual harassment as prohibited by Title VII. This Essay identifies those areas where the law and the public understanding of it most starkly diverge. These include the requirements of severity or pervasiveness, the issue of unwelcomeness, the availability of an affirmative defense for hostile work environment claims, and the time limits within which claims must be brought. Additionally, those making claims of sexual harassment fare poorly when they suffer retaliation for stepping forward. Internal complaints ...


Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer 2018 Boston College Law School

Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer

Boston College Law School Faculty Papers

As we write, the United States, Canada, and Mexico are meeting in Washington, D.C. to renegotiate the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. Since NAFTA came into force in 1994, it has transformed the North American economy. NAFTA has made possible continent-wide supply chains, in industries like the auto sector, that have reduced costs and allowed American automakers to remain competitive; it has opened markets for American agriculture; it has greatly increased the standard of living in Mexico; and it has ...


2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note, 2018 Roger Williams University

2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note

Roger Williams University Law Review

No abstract provided.


High Stakes For High-Skilled Immigrants: An Analysis Of Changes Made To High-Skilled Immigration Policy In The First Year Of The Trump Administration In Comparison To Changes Made During The First Year Of Previous Presidential Administrations, Kevin Miner, Sarah K. Peterson 2018 Mitchell Hamline School of Law

High Stakes For High-Skilled Immigrants: An Analysis Of Changes Made To High-Skilled Immigration Policy In The First Year Of The Trump Administration In Comparison To Changes Made During The First Year Of Previous Presidential Administrations, Kevin Miner, Sarah K. Peterson

Mitchell Hamline Law Review

No abstract provided.


A Bridge Over Troubled Waters: The High-Skilled Worker Rule And Its Impact On Employment-Based Immigration, Robert D. Aronson, Debra A. Schneider 2018 Mitchell Hamline School of Law

A Bridge Over Troubled Waters: The High-Skilled Worker Rule And Its Impact On Employment-Based Immigration, Robert D. Aronson, Debra A. Schneider

Mitchell Hamline Law Review

No abstract provided.


Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal 2018 Vanderbilt University Law School

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

Vanderbilt Law School Faculty Publications

Substance use disorders, which afflict nearly 8% of the U.S. population,' exact a devastating human and economic toll. The opioid epidemic has caused overdose deaths to quadruple since 1999.2 In 2013 alone, the epidemic imposed an economic burden of over $78.5 billion, including $28.9 billion in spending on health care and substance abuse treatment. These burdens increasingly fall on rural and under-resourced areas, particularly in the Appalachian region. The crisis has evoked a range of policy reforms to prevent addiction, investments in treatment for sufferers, and lawsuits against purveyors of addictive substances.


2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel 2018 Marquette University Law School

2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel

Marquette Sports Law Review

None


Index: Sports Law In Law Reviews And Journals, Jordan Lysiak 2018 Marquette University Law School

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

None


The Effect Of Occupational Licensing On Wages And Employment: Evidence From Electricians And Massage Therapists, Matt Shafer 2018 University of Kentucky

The Effect Of Occupational Licensing On Wages And Employment: Evidence From Electricians And Massage Therapists, Matt Shafer

MPA/MPP Capstone Projects

No executive summary.


From Door To Desk(Top): The Portal-To-Portal Act In The Digital Age, Colin Pajda 2018 J.D. (2018) Washington University School of Law

From Door To Desk(Top): The Portal-To-Portal Act In The Digital Age, Colin Pajda

Washington University Journal of Law & Policy

This note examines wage and hour litigation in the context of booting up and shutting down computers in call centers and the problem of analogizing physical work to digital work under the Fair Labor Standards Act. Pajda argues that by viewing computers as workplaces rather than tools for the purposes of determining whether booting up and shutting down computers are compensable workplace activities, courts can bypass the fact intensive inquiry on whether these actions are “integral and indispensable” to the work of the employee and provide clear guidelines to employers on what needs to be compensated. Pajda further argues that ...


E-Hailing And Employment Rights: The Case For An Employment Relationship Between Uber And Its Drivers In South Africa, Isaiah J. Marcano 2018 Cornell Law School, J.D. Candidate, 2019

E-Hailing And Employment Rights: The Case For An Employment Relationship Between Uber And Its Drivers In South Africa, Isaiah J. Marcano

Cornell International Law Journal

South Africa’s Uber dilemma has forced jurists to answer important questions about the country’s largest black-owned sector: the taxi industry. Since the days of apartheid, taxi drivers have struggled to secure their livelihoods. Lamentably, they have found themselves restricted by a legacy of oppression that, despite significant progress, lingers on. As of late, Uber has exploded onto the transportation market, and labor courts must decide whether Uber drivers fit within a system that never contemplated the emergence of gig economy companies. If future jurists continue to draw inspiration from South Africa’s highly progressive constitution, international agreements, and ...


Private Attorneys General Act Lawsuits In California: A Review Of Paga And Proposals For Reforming The “Sue Your Boss” Law, Chris Micheli 2018 University of the Pacific

Private Attorneys General Act Lawsuits In California: A Review Of Paga And Proposals For Reforming The “Sue Your Boss” Law, Chris Micheli

The University of the Pacific Law Review

No abstract provided.


Developing Workplace Law Programming: A Labor Of Love, Michael Z. Green 2018 Texas A&M University School of Law

Developing Workplace Law Programming: A Labor Of Love, Michael Z. Green

Faculty Scholarship

Professor Green reflects and comments on his work in developing workplace law programming as a key component of the annual SEALS program.


Noncompetes As Tax Evasion, Rebecca N. Morrow 2018 Washington University in St. Louis

Noncompetes As Tax Evasion, Rebecca N. Morrow

Washington University Law Review

Al Capone famously boasted of his criminal empire: “Some call it bootlegging. Some call it racketeering. I call it a business.” Treasury Agent Frank Wilson and Prosecutor George Johnson put Capone behind bars not by disputing his characterization and pursuing murder or assault or RICO charges, but by accepting it and enforcing its tax implications. Irrespective of their legality, Capone’s businesses were profitable, and Capone had not reported their profits for tax purposes. A simple application of bedrock tax law achieved what other legal routes failed to achieve and sent Capone to Alcatraz. The trick was to see the ...


Extending Employee Protections To Gig-Economy Workers Through The Entrepreneurial Opportunity Test Of Fedex Home Delivery, Peter Gibbins 2018 Washington University in St. Louis

Extending Employee Protections To Gig-Economy Workers Through The Entrepreneurial Opportunity Test Of Fedex Home Delivery, Peter Gibbins

Washington University Journal of Law & Policy

This note by Peter Gibbins explores the legal challenges both companies and workers face in the “gig-economy” – the digital marketplace of companies like Uber, Lyft, Taskrabbit, and more. Specifically, Gibbins highlights the problems inherent in classifying workers as “independent contractors” as opposed to employees. The classification of “independent contractor” significantly limits the rights and protections workers receive, while providing companies flexibility and increased savings by reducing or eliminating employee benefits. While unionization may help workers negotiate better working conditions, pay, and benefits, independent contractors attempting to organize face significant legal hurdles under the National Labor Relations Act and antitrust laws ...


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