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Articles 1 - 30 of 11723
Full-Text Articles in Law
Reverberations Of Magna Carta: Work Injuries, Inkblots, And Restitution, Michael C. Duff
Reverberations Of Magna Carta: Work Injuries, Inkblots, And Restitution, Michael C. Duff
All Faculty Scholarship
This article argues that workers in the United States have been unconstitutionally undercompensated for their work injuries for at least a century. This provocative fact, coupled with statistics showing that over 120,000 people per year die from workplace injury and occupational disease, suggests a looming post-pandemic struggle for better injury remedies and safer workplaces. Workers’ compensation, the current state-based system by which American workers receive compensation for work-related injury and death, was obtained from legislatures as a “Grand Bargain,” the value of which has significantly deteriorated over time; and the constitutional coherence of which has been impacted by the obvious …
The Value Of A Statistical Life: From Skin In The Game To Vision Zero, Michael C. Duff
The Value Of A Statistical Life: From Skin In The Game To Vision Zero, Michael C. Duff
All Faculty Scholarship
This essay discusses justice issues surrounding occupational safety and health and assesses the ethical legitimacy—the justice—of regulatory cost benefit analysis when the costs in question involve the risks and realization of workplace injury and fatalities. The current “value of a statistical life” for legal-regulatory purposes is 13.1 million dollars. While economists are careful to say that this figure does not “really” represent an attempt to value any particular life, the purpose of even calculating the number is to provide an “aggregated” statistical justification for saying “no” to rules requiring safer work. This seems acceptable until you, or someone you love, …
You're Sending The Wrong Message: Sexual Favoritism And The Workplace, Paige I. Bernick
You're Sending The Wrong Message: Sexual Favoritism And The Workplace, Paige I. Bernick
Tennessee Journal of Law and Policy
No abstract provided.
Employment Law: Smith V. Rock-Tenn. Services: Employer Held Liable For Same-Sex Sexual Harassment In The Workplace, Kaitlyn Dean
Employment Law: Smith V. Rock-Tenn. Services: Employer Held Liable For Same-Sex Sexual Harassment In The Workplace, Kaitlyn Dean
Tennessee Journal of Law and Policy
No abstract provided.
Who Invented It? Streamlining Determination Of Patent Inventorship, Henry H. Perritt, Jr.
Who Invented It? Streamlining Determination Of Patent Inventorship, Henry H. Perritt, Jr.
University of Miami Law Review
Disputes over inventorship are common in industries where new technology is important. Patents are invalid unless correct inventors are named on the patent, even when all the inventors have assigned their rights to the enterprise applying for a patent. The complexity of modern technology is such that an invention qualifying for a patent rarely is the work of only one individual. Employees and former employees frequently claim that they have been left off patent applications wrongfully. Patent law provides a variety of ways to correct inventorship both while such applications are being prosecuted in the U. S. Patent and Trademark …
Reverse Discrimination: An Opportunity To Modernize And Improve Employment Discrimination Law, William R. Corbett
Reverse Discrimination: An Opportunity To Modernize And Improve Employment Discrimination Law, William R. Corbett
University of Miami Law Review
The issue of how to prove discrimination in reverse discrimination cases has produced a division in the circuits and some strongly worded opinions about discriminatory discrimination law. The courts begin with the three-stage proof framework developed by the Supreme Court in 1973 in McDonnell Douglas Corp. v. Green, 411 U.S. 792. Some courts adjust the prima facie case, the first stage of the analysis, by requiring a reverse discrimination plaintiff to prove background circumstances that justify the inference that the defendant discriminates in a way that is not consistent with historical patterns of discrimination. Other courts reject the background …
Libby V. Calais Regional Hospital: Contracting Out Of Maine's Employment-At-Will Doctrine, Russell Goldsmith
Libby V. Calais Regional Hospital: Contracting Out Of Maine's Employment-At-Will Doctrine, Russell Goldsmith
Maine Law Review
In Libby v. Calais Regional Hospital, Elizabeth Libby, a medical technologist at Calais Regional Hospital, brought suit against her former employer claiming breach of contract for improper discharge and alleging that the hospital failed to honor the terms of their mutually binding employment agreement. In particular, the plaintiff maintained that the hospital did not follow the termination procedures that had been set forth in her employee handbook and that were incorporated as terms of her employment contract. The trial court granted defendant's motion for a directed verdict, concluding that the plaintiff did not present sufficient evidence to show that her …
Want To Solve Labor Shortages? Relaxing The Child Labor Law Is Not The Answer, Yi Wu
Want To Solve Labor Shortages? Relaxing The Child Labor Law Is Not The Answer, Yi Wu
Dickinson Law Review (2017-Present)
Recently, the United States has been engaged in a nationwide debate over loosening regulations regarding children’s employment. The Fair Labor Standards Act (FLSA) sets restrictions on the working hours of children under 16 and prohibits their employment in certain hazardous positions. However, some states, such as Iowa, Ohio, Arkansas, and Wisconsin, have either passed or are considering legislation allowing children to work longer hours or in potentially dangerous conditions in response to labor shortages. These new state laws conflict with existing federal regulations. This Comment discusses why states should refrain from relaxing their child labor laws to permit children to …
The Effects Of 401(K) Vesting Schedules—In Numbers, Samantha Prince, Timothy G. Azizkhan, Cassidy R. Prince, Luke Gorman
The Effects Of 401(K) Vesting Schedules—In Numbers, Samantha Prince, Timothy G. Azizkhan, Cassidy R. Prince, Luke Gorman
Faculty Scholarly Works
Many Americans terminate employment, voluntarily or involuntarily, prior to vesting in their 401(k) plans. This costs them a lot of money; it also saves companies a lot of money. Vesting schedules used by some 401(k) plans cause plan participants to forfeit significant portions of their compensation—employer contributions made on their behalf—that should be increasing their retirement savings. This money is recycled by such plans to offset their employer contribution obligations and other costs. We analyzed data from Form 5500s to identify trends in and implications of vesting schedule use by 408 single-employer 401(k) plans over the five-year period of 2018-2022. …
Is Distance From Innovation A Barrier To The Adoption Of Artificial Intelligence?, Jennifer Hunt, Iain Cockburn, James Bessen
Is Distance From Innovation A Barrier To The Adoption Of Artificial Intelligence?, Jennifer Hunt, Iain Cockburn, James Bessen
Faculty Scholarship
Using our own data on Artificial Intelligence publications merged with Burning Glass vacancy data for 2007-2019, we investigate whether online vacancies for jobs requiring AI skills grow more slowly in U.S. locations farther from pre-2007 AI innovation hotspots. We find that a commuting zone which is an additional 200km (125 miles) from the closest AI hotspot has 17% lower growth in AI jobs’ share of vacancies. This is driven by distance from AI papers rather than AI patents. Distance reduces growth in AI research jobs as well as in jobs adapting AI to new industries, as evidenced by strong effects …
‘Constellations’ And ‘Entanglement’ In The Study Of Legal Pluralism: Reflections On The Scholarship Of Keebet Von Benda-Beckmann, Petra K. Mahy Dr
‘Constellations’ And ‘Entanglement’ In The Study Of Legal Pluralism: Reflections On The Scholarship Of Keebet Von Benda-Beckmann, Petra K. Mahy Dr
The Indonesian Journal of Socio-Legal Studies
Two key terms permeate the work of Keebet von Benda-Beckmann (and of her co-authors, especially Franz von Benda-Beckmann) in her discussions of legal pluralism: ‘constellations’ and ‘entanglement’. These terms are both concerned with describing the existence of, and interrelationships between, plural legal orders. This article critically analyses these two terms, their usage and implied meanings, and compares them with other alternative concepts employed elsewhere in legal pluralism and cognate literature. With reference to empirical evidence on plural work regulation in Indonesia, I argue that the terms have some descriptive benefits for understanding the realities of plural legal orders, but still …
"Boycott" -- A Proposed Legal Definition Put To Test, Sharona Aharoni-Goldenberg, Gerry Leisman
"Boycott" -- A Proposed Legal Definition Put To Test, Sharona Aharoni-Goldenberg, Gerry Leisman
Hofstra Labor & Employment Law Journal
The definition of "boycott" attracts controversy in legislation, case law, and dictionaries. This paper questions what the worthy legal definition of "boycott" is. It examines and analyzes various sources on "boycott." We conclude that the most distinctive characteristic of a "boycott" is omissions, such as refusal to provide services. The antithesis of omission is commission. Omissions signify allowing something to happen, whereas commissions signify causing it to happen. Since boycotts concern omissions, they entail less legislative interference with the boycotter's right of autonomy. Yet, the autonomy of the boycotters should be restrained when they coerce the boycott's targets, coerce others …
The Fair Chance To Compete For Jobs Act: Proposing A More Equitable Statue For Individuals Affected By The Justice System, Brian M. Joseph
The Fair Chance To Compete For Jobs Act: Proposing A More Equitable Statue For Individuals Affected By The Justice System, Brian M. Joseph
Hofstra Labor & Employment Law Journal
No abstract provided.
Left In The Dust: The Decline In Coal Mining And The 2022 Inflation Reduction Act's Failure To Incorporate Just Transition Principles For Coal Communities, Gillian K. Joyce
Left In The Dust: The Decline In Coal Mining And The 2022 Inflation Reduction Act's Failure To Incorporate Just Transition Principles For Coal Communities, Gillian K. Joyce
Hofstra Labor & Employment Law Journal
No abstract provided.
Getting Personal With Personnel: The Need For Stricter Employee Privacy Rights As Surviellance By Employers Expand, Amber Makda
Getting Personal With Personnel: The Need For Stricter Employee Privacy Rights As Surviellance By Employers Expand, Amber Makda
Hofstra Labor & Employment Law Journal
No abstract provided.
Affirmative Action: To Be Or No Longer To Be? That Is The Question. A Play On Words, Or A Vital Concern?, Michael Bernstein
Affirmative Action: To Be Or No Longer To Be? That Is The Question. A Play On Words, Or A Vital Concern?, Michael Bernstein
Hofstra Labor & Employment Law Journal
No abstract provided.
An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr
An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr
KNEA 50th Anniversary
In 1973, the Kansas State College, Pittsburg administration fired thirteen faculty members without cause. In order to improve administration-faculty relations, remaining faculty organized, petitioned for recognition, and drafted PSU/KNEA's first contract with PSU/KBOR, which went into effect five years later. The narrative covering this period draws on Axe Library's KNEA Collection and interviews of former faculty.
Does Black-Letter Law Matter In Labor Rights Protection In China? - A Tale Of Two Cities, Peter Chi Hin Chan
Does Black-Letter Law Matter In Labor Rights Protection In China? - A Tale Of Two Cities, Peter Chi Hin Chan
Washington International Law Journal
This article discusses the role of black-letter law in labor protection in China in cases where employers dismiss employees on the grounds of serious breaches of internal regulations. This article presents an empirical analysis of the judicial practice of two of China’s economically developed cities, Suzhou and Wuxi. Suzhou employers have to give employees the opportunity to be heard prior to dismissal, while Wuxi does not provide that opportunity. First, this article introduces the Chinese labor legislation system, the dismissal system, and the two cities’ local labor regulations. Second, the article will analyze and discuss 140 cases from Suzhou and …
Public Employees As A Reflection Of A Religiously Diverse Culture, Steven T. Collis
Public Employees As A Reflection Of A Religiously Diverse Culture, Steven T. Collis
Notre Dame Law Review Reflection
For decades, scholars and jurists have debated over whether government violates
the Establishment Clause when it endorses religion or if coercion is required. In
Kennedy v. Bremerton School District, the Supreme Court put this argument to
rest, at least as to public employees. It grounded its decision in some form of
originalism. While that will be sufficient to satisfy some readers, others will want to be
assured of the wisdom of the rule originalism demands. This Essay argues that a
coercion test for the private religious exercise of public employees is appropriate for a
pluralistic society.
It offers four …
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
Taylor Is First Indiana Law Student To Receive Sports Lawyers Association Student Writing Award, James Owsley Boyd
Taylor Is First Indiana Law Student To Receive Sports Lawyers Association Student Writing Award, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
A rising 3L at the Indiana University Maurer School of Law is one of 10 law students nationwide—and the first IU student ever— to receive the Sports Lawyers Association’s Student Writing Competition Award.
Amelia Taylor won the honors for her work “A Critical Analysis of Name, Image, and Likeness Policies and Their Implications for International Student-Athletes.”
While American student-athletes have been allowed to earn compensation through NIL deals since July 2021, international student-athletes have faced major hurdles due to immigration laws and policies.
“I chose to focus on international students’ NIL rights because this issue is often overlooked, with media …
Karnataka Government Must Revisit Gig Workers Bill, Make It More Inclusive, Babu Mathew, Saurabh Bhattacharjee, Madhulika T
Karnataka Government Must Revisit Gig Workers Bill, Make It More Inclusive, Babu Mathew, Saurabh Bhattacharjee, Madhulika T
Popular Media
The Karnataka Platform-Based Gig Workers (Social Security and Welfare) Bill, 2024 has been favourably received by several commentators, but a closer inspection of the text of the Bill reveals glaring omissions, which if left unaddressed are likely to undermine the Bill’s objectives.
(Hidden) In Plain Sight: Migrant Child Labor And The New Economy Of Exploitation, Shefali Milczarek-Desai
(Hidden) In Plain Sight: Migrant Child Labor And The New Economy Of Exploitation, Shefali Milczarek-Desai
Arkansas Law Review
Oppressive child labor in America is both an age-old problem and one that is relatively new. Part I presents the tumultuous history of child labor regulation in the United States—a history that provides clues as to why contemporary child labor laws fall far short of comprehensively addressing oppressive, migrant child labor. It then pivots to the contemporary child labor crisis by describing the new economy of exploitation and the unaccompanied migrant children upon which it relies. Part II sets forth the current U.S. legal landscape surrounding child labor laws, including these laws’ failure to protect migrant children. Next, Part II …
How To Situate High School Student Part-Time Work Trends: An [Incomplete] Empirical Glance, Michael Heise
How To Situate High School Student Part-Time Work Trends: An [Incomplete] Empirical Glance, Michael Heise
Arkansas Law Review
Recent federal warnings about increases in child labor law violations coincide with various state efforts to dilute child labor protections. This Article confines itself to the array of outcomes attributable to lawful part time work performed by non-trafficked, full-time, U.S. high school students. This Article sets out to develop two modest and separate—though related—claims. The first claim is that clear and reliable answers do not emerge for such basic policy questions as, for example, whether student part-time work during high school constitutes a penalty or, instead, confers rewards to students. This Article’s second claim is methodological. Specifically, much of the …
Seeing Race & Sexuality: Child Welfare & Forced Labor, Annie Isabel Fukushima, Jens Nilson, Kaden Richards
Seeing Race & Sexuality: Child Welfare & Forced Labor, Annie Isabel Fukushima, Jens Nilson, Kaden Richards
Arkansas Law Review
This Article examines how child welfare responds to children who are forced to labor through a case study of California. We use an intersectional framework to argue that a
Children At Work, Parental Rights—And Rhetoric, Naomi Cahn, Maxine Eichner, Mary Ziegler
Children At Work, Parental Rights—And Rhetoric, Naomi Cahn, Maxine Eichner, Mary Ziegler
Arkansas Law Review
States are increasingly considering and enacting laws that reduce protections for child laborers, and the number of minors who have been employed in violation of existing child labor laws has been steadily growing. We argue that politicians deploy the rhetoric of parental rights in today’s legislative battles over child labor protections to
State Policy Levers To Fight Child Labor, Terri Gerstein
State Policy Levers To Fight Child Labor, Terri Gerstein
Arkansas Law Review
Oppressive child labor has made a resurgence in the United States. Media reports have revealed children as young as fourteen and fifteen working as roofers, in meatpacking facilities, in automobile manufacturing plants, and in other jobs that are hazardous and inappropriate for children. In the face of the current crisis, concerned commentators,
Foreword, Annie B. Smith
Foreword, Annie B. Smith
Arkansas Law Review
There has been a recent and well-documented increase in unlawful child labor in the United States and a simultaneous organized effort to weaken state child labor protections. In reaction to these converging trends – along with disturbing media coverage of children injured and killed at work, the White House, U.S. Department of Labor, child advocates, labor rights’ organizers and others have mobilized to respond. This Symposium, Children at Work, was convened to focus our collective attention on this critical and emerging issue. Once considered well-settled, questions of when children work and the types of work they should do are again …
Energy Communities In Eu Energy Regulation, Jakub M. Kmieć
Energy Communities In Eu Energy Regulation, Jakub M. Kmieć
Yearbook of Antitrust and Regulatory Studies
EU Directives included in the ‘Clean Energy for All Europeans’ package introduced Renewable Energy Communities ECs (RECs) and Citizen ECs (CECs) into the legal framework, sharing commonalities, but with distinctions. The aim of this paper is to examine whether EU law provides for a single model of ECs or, in fact, two distinct models, and to characterize ECs as new participants in the energy market. The publication focuses on the field of legal studies and includes a literature review, an interpretation of EU provisions defining ECs, a characterization of ECs as new market participants, and a case study. The paper …