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- Symposia (15)
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Articles 31 - 60 of 91
Full-Text Articles in Law
Modification Of Benefits For Claimants Under The Federal Black Lung Benefits Program, Rita A. Massie
Modification Of Benefits For Claimants Under The Federal Black Lung Benefits Program, Rita A. Massie
West Virginia Law Review
No abstract provided.
Strangers When We Met: The Influence Of Foreign Labor Relations Law And Its Domestication In Japan, Ryuichi Yamakawa
Strangers When We Met: The Influence Of Foreign Labor Relations Law And Its Domestication In Japan, Ryuichi Yamakawa
Washington International Law Journal
This Article examines the influences of foreign law on Japanese labor relations law and the process by which foreign legal concepts have been domesticated, focusing in particular on the provisions, interpretation, and operation of the Trade Union Law of 1949. Acting on the constitutional right to organize and to bargain and act collectively, the Japanese Diet established the framework for Japanese labor relations law by enacting the Trade Union Law of 1945 which was subsequently amended in 1949. While European constitutions appear to be the model for the constitutional provision regarding the right of workers to organize and German influence …
The Forgotten Interest Group: Reforming Title Vii To Address The Concerns Of Workers While Eliminating Sexual Harassment, Hannah K. Vorwerk
The Forgotten Interest Group: Reforming Title Vii To Address The Concerns Of Workers While Eliminating Sexual Harassment, Hannah K. Vorwerk
Vanderbilt Law Review
Since 1980, Equal Employment Opportunity Commission ("EEOC") guidelines have made employers liable for harassment perpetrated by their agents and supervisory employees, and, in some cases, for harassment occurring between co-workers in their employ. In 1991, Congress amended Title VII (the "Act") to provide compensatory and punitive damages for victims of sexual harassment. The increased damages heightened the stakes in lawsuits concerning employer liability for sexual harassment, and thus provided increased incentives for employers to implement sexual harassment policies and to discipline harassers.
The extant EEOC guidelines already had defined sexual harassment broadly to include "verbal or physical conduct of a …
Hooters: Should There Be An Assumption Of Risk Defense To Some Hostile Work Environment Sexual Harassment Claims?, Kelly C. Timmons
Hooters: Should There Be An Assumption Of Risk Defense To Some Hostile Work Environment Sexual Harassment Claims?, Kelly C. Timmons
Vanderbilt Law Review
In 1993 several former waitresses at the restaurant "Hooters" sued the chain for sexual harassment. The lawsuits alleged that Hooters established a work environment in which its customers felt free to make sexual comments and advances to its waitresses.' Examples of the offensive nature of the work environment included the name of the restaurant ("Hooters," a slang term for women's breasts) and the sexually provocative uniforms the waitresses were required to wear. Responses to the lawsuits varied widely. Some individuals took the view that Hooters should be found liable for the sexual harassment of its waitresses by its customers, while …
Using Agency Principles For Guidance In Finding Employer Liability For A Supervisor's Hostile Work Environment Sexual Harassment, Glen A. Staszewski
Using Agency Principles For Guidance In Finding Employer Liability For A Supervisor's Hostile Work Environment Sexual Harassment, Glen A. Staszewski
Vanderbilt Law Review
Title VII of the Civil Rights Act of 1964, as amended 'Title VII," prohibits sexual harassment in the workplace.' The courts have created two categories of sexual harassment. The first, quid pro quo sexual harassment, occurs when a supervisor requires sexual consideration from an employee in exchange for job benefits. The second, hostile work environment sexual harassment, occurs when an employee is subjected to unwelcome sexual harassment that affects a term, condition, or privilege of employment. The victim must prove that the harassment is sufficiently severe or pervasive to alter the conditions of hers employment and create an abusive working …
Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver
Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver
Michigan Law Review
A Review of Agenda for Reform: The Future of Employment Relationships and the Law by William B. Gould IV
Wrongful Discharge And The North Carolina Equal Employment Practices Act: The Localization Of Federal Discrimination Law, Andrew B. Cohen
Wrongful Discharge And The North Carolina Equal Employment Practices Act: The Localization Of Federal Discrimination Law, Andrew B. Cohen
North Carolina Central Law Review
No abstract provided.
Enough Is Enough: Pre Se Constructive Discharge For Victims Of Sexually Hostile Work Environments Under Title Vii, Sarah H. Perry
Enough Is Enough: Pre Se Constructive Discharge For Victims Of Sexually Hostile Work Environments Under Title Vii, Sarah H. Perry
Washington Law Review
In Title VII sexual harassment cases based on hostile work environments, application of the constructive discharge doctrine imposes unfair burdens on claimants. A finding of constructive discharge requires a greater severity or pervasiveness of harassment than that required for finding a hostile work environment. This forces many hostile environment victims to remain in abusive and intolerable conditions because they cannot afford to resign. Unless found constructively discharged by their employers, victims who quit their jobs cannot recover back pay for the period between resignation and judgment. The incorrect and inconsistent application of the constructive discharge doctrine in sexually hostile environment …
A Matter Of Trust: Imposing Employer Vicarious Liability For The Intentional Torts Of Employees, Shana L. Malinowski
A Matter Of Trust: Imposing Employer Vicarious Liability For The Intentional Torts Of Employees, Shana L. Malinowski
University of the District of Columbia Law Review
No abstract provided.
Unemployment Compensation In A Time Of Increasing Workfamily Conflicts, Martin H. Malin
Unemployment Compensation In A Time Of Increasing Workfamily Conflicts, Martin H. Malin
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
An End To Race-Based Discrimination Against Farm Workers Under Federal Unemployment Insurance, Larry Norton, Marc Linder
An End To Race-Based Discrimination Against Farm Workers Under Federal Unemployment Insurance, Larry Norton, Marc Linder
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Unemployment Compensation For Employees Of Educational Institutions: How State Courts Have Created Variations On Federally Mandated Statutory Language, Maribeth Wilt-Seibert
Unemployment Compensation For Employees Of Educational Institutions: How State Courts Have Created Variations On Federally Mandated Statutory Language, Maribeth Wilt-Seibert
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Torquemada And Unemployment Compensation Appeals, William W. Milligan
Torquemada And Unemployment Compensation Appeals, William W. Milligan
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Pregnancy And Unemployment: Problems And Solutions?, Mark R. Brown
Pregnancy And Unemployment: Problems And Solutions?, Mark R. Brown
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Are Non-English Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider
Are Non-English Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Timeliness Of Appeals: Improved Federal Oversight Is Needed, Cynthia L. Rice, Sharon M. Dietrich
Timeliness Of Appeals: Improved Federal Oversight Is Needed, Cynthia L. Rice, Sharon M. Dietrich
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Due Process Implications Of Telephone Hearings: The Case For An Individual Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer
Due Process Implications Of Telephone Hearings: The Case For An Individual Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
The Law And Politics Of The Enforcement Of Federal Standards For The Administration Of The Unemployment Insurance Program, John C. Gray
The Law And Politics Of The Enforcement Of Federal Standards For The Administration Of The Unemployment Insurance Program, John C. Gray
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Worker Profiling And Due Process, P. Maureen Bock-Dill
Worker Profiling And Due Process, P. Maureen Bock-Dill
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Federal Law Requirements For The Unemployment Compensation System: Interpretation And Application, Gerard Hildebrand
Federal Law Requirements For The Unemployment Compensation System: Interpretation And Application, Gerard Hildebrand
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Effects Of The Trend Toward Tightening Eligibility Conditions For Entitlement To Unemployment Compensation, Walter N. Adams
Effects Of The Trend Toward Tightening Eligibility Conditions For Entitlement To Unemployment Compensation, Walter N. Adams
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Clarifying The Nonmonetary Eligibility Conditions In The Unemployment Insurance System, Amy B. Chasanov
Clarifying The Nonmonetary Eligibility Conditions In The Unemployment Insurance System, Amy B. Chasanov
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Representation Of Claimants At Unemployment Compensation Proceedings: Indentifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas
Representation Of Claimants At Unemployment Compensation Proceedings: Indentifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Interstate Claims And Unemployment Compensation, Mark D. Estrele, Jane Greengold Stevens
Interstate Claims And Unemployment Compensation, Mark D. Estrele, Jane Greengold Stevens
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Sex, Love Letters, And Vicious Rumors: Anticipating New Situations Creating Sexually Hostile Work Environments, Chad W. King
Sex, Love Letters, And Vicious Rumors: Anticipating New Situations Creating Sexually Hostile Work Environments, Chad W. King
Brigham Young University Journal of Public Law
No abstract provided.
Are Trojan Horse Union Organizers "Employees"?: A New Look At Deference To The Nlrb's Iterpretation Of Nlra Section 2(3), Jonathan D. Hacker
Are Trojan Horse Union Organizers "Employees"?: A New Look At Deference To The Nlrb's Iterpretation Of Nlra Section 2(3), Jonathan D. Hacker
Michigan Law Review
This Note takes a different approach to interpreting section 2(3). Although this Note agrees that section 2(3) neither clearly includes nor clearly excludes trojan horse organizers, it also argues that the definition of employee under section 2(3) must be determined by looking to common law principles of agency. In other words, the question whether courts should defer to the Board's interpretation of section 2(3) does not turn on statutory ambiguity. Rather, courts have a continuing duty to ensure that the Board interprets employee consistently with common law agency principles. Nevertheless, the correct interpretation of employee under agency principles ultimately turns …
Employer Health-Care Plans: The Feasibility Of Disability-Based Distinctions Under Erisa And The Americans With Disabilities Act, Susan Nanovic Flannery
Employer Health-Care Plans: The Feasibility Of Disability-Based Distinctions Under Erisa And The Americans With Disabilities Act, Susan Nanovic Flannery
Hofstra Labor & Employment Law Journal
No abstract provided.
Post-Modern Labor-Management Relations: The Southwestern Bell/Communications Workers Strategic Alliance, Roger L. Abrams
Post-Modern Labor-Management Relations: The Southwestern Bell/Communications Workers Strategic Alliance, Roger L. Abrams
Hofstra Labor & Employment Law Journal
This article explores the labor relations system established by Southwestern Bell in cooperation with the Communications Workers after divestment in the telephone industry. It explains how positive labor-management relationships with open communication can enhance productivity and foster other positive benefits for concerned parties. The article was first presented by Dean Abrams at an international conference on labor relations conducted under NAFTA held in La Jolla, California.
Is The Mental Health History Of An Applicant A Legitimate Concern Of State Professional Licensing Boards? The Americans With Disabilities Act Vs. State Professional Licensing Boards, John D. Mckenna
Hofstra Labor & Employment Law Journal
No abstract provided.
Third-Party Sexual Harassment In The Workplace: An Examination Of Client Control, David S. Warner
Third-Party Sexual Harassment In The Workplace: An Examination Of Client Control, David S. Warner
Hofstra Labor & Employment Law Journal
No abstract provided.