Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (23)
- Maurice A. Deane School of Law at Hofstra University (16)
- Washington and Lee University School of Law (12)
- University of Washington School of Law (6)
- Vanderbilt University Law School (6)
-
- West Virginia University (6)
- UIC School of Law (5)
- Fordham Law School (4)
- Maurer School of Law: Indiana University (4)
- University of Connecticut (3)
- University of Missouri School of Law (3)
- Cleveland State University (2)
- Columbia Law School (2)
- Cornell University Law School (2)
- Mercer University School of Law (2)
- Schulich School of Law, Dalhousie University (2)
- Seattle University School of Law (2)
- University of Georgia School of Law (2)
- University of Miami Law School (2)
- University of Richmond (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Chicago-Kent College of Law (1)
- Golden Gate University School of Law (1)
- Mississippi College School of Law (1)
- Mitchell Hamline School of Law (1)
- North Carolina Central University School of Law (1)
- Osgoode Hall Law School of York University (1)
- SelectedWorks (1)
- Keyword
-
- Symposia (15)
- Unemployment benefits (15)
- Contingent workers (12)
- Employment law (6)
- Title VII (6)
-
- Discrimination against people with disabilities in employment (5)
- Labor law (5)
- Labor unions (5)
- Sexual harassment (5)
- Collective bargaining (4)
- Due process (4)
- Employees (4)
- National Labor Relations Act (4)
- Organized labor (4)
- Employment discrimination (3)
- Industrial relations (3)
- International law (3)
- Labor relations (3)
- Mines & mineral resources (3)
- NLRA (3)
- Unions (3)
- United States Supreme Court (3)
- ADA (2)
- Age Discrimination in Employment Act (2)
- Age discrimination (2)
- Americans with Disabilities Act (2)
- Arbitration (2)
- Capitalism (2)
- Civil Rights Act of 1964 (2)
- Cross-border monitoring (2)
- Publication
-
- University of Michigan Journal of Law Reform (15)
- Hofstra Labor & Employment Law Journal (14)
- Washington and Lee Law Review (12)
- Faculty Scholarship (7)
- Michigan Law Review (7)
-
- West Virginia Law Review (6)
- Washington Law Review (5)
- Faculty Publications (4)
- UIC Law Review (4)
- Articles (3)
- Faculty Articles and Papers (3)
- Indiana Law Journal (3)
- Vanderbilt Journal of Transnational Law (3)
- Vanderbilt Law Review (3)
- Cornell Law Faculty Publications (2)
- Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection (2)
- Innis Christie Collection (2)
- Mercer Law Review (2)
- Seattle University Law Review (2)
- University of Richmond Law Review (2)
- All Faculty Scholarship (1)
- American University Law Review (1)
- Articles by Maurer Faculty (1)
- Brigham Young University Journal of Public Law (1)
- Circles: Buffalo Women's Journal of Law and Social Policy (1)
- Faculty Articles (1)
- Faculty Works (1)
- Fordham Urban Law Journal (1)
- Journal Articles (1)
- Journal of Law and Health (1)
- Publication Type
Articles 31 - 60 of 129
Full-Text Articles in Law
The Labor Market Transformed: Adapting Labor And Employment Law To The Rise Of The Contingent Work Force, Kenneth G. Dau-Schmidt
The Labor Market Transformed: Adapting Labor And Employment Law To The Rise Of The Contingent Work Force, Kenneth G. Dau-Schmidt
Washington and Lee Law Review
No abstract provided.
The Rise Of The Contingent Work Force: The Key Challenges And Opportunities, Richard S. Belous
The Rise Of The Contingent Work Force: The Key Challenges And Opportunities, Richard S. Belous
Washington and Lee Law Review
No abstract provided.
The Diversity Of Contingent Workers And The Need For Nuanced Policy, Stewart J. Schwab
The Diversity Of Contingent Workers And The Need For Nuanced Policy, Stewart J. Schwab
Washington and Lee Law Review
No abstract provided.
The Federal Arbitration Act And Individual Employment Contracts: A Better Means To An Equally Just End, William F. Kolakowski Iii
The Federal Arbitration Act And Individual Employment Contracts: A Better Means To An Equally Just End, William F. Kolakowski Iii
Michigan Law Review
This Note argues that courts should adopt a narrow reading of the employment contract exception to the FAA, thus making arbitration agreements in most individual employment contracts enforceable under the Act. Part I argues that a textual analysis of the FAA supports a narrow interpretation of the exception. Because some courts and commentators have argued that the text favors a broad interpretation, Part II examines the legislative history of the exception and demonstrates that no firm conclusions can be drawn about congressional intent regarding the exception's scope. Finally, Part III demonstrates that a narrow reading of the exception best serves …
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.
Striker Replacements: A Law, Economics, And Negotiations Approach, Rafael Gely, Leonard Bierman
Striker Replacements: A Law, Economics, And Negotiations Approach, Rafael Gely, Leonard Bierman
Faculty Publications
In this article, we directly attack Professors Wachter and Cohen's assertion regarding the economic efficiency of the Mackay doctrine. Applying internal and external labor market analysis, we argue that the Mackay doctrine is economically inefficient because it allows employers to behave “opportunistically” with respect to employees that have made “firm-specific” investments in their employing firms. To remedy this problem we propose a new “negotiations approach,” the components of which are: (1) the statutory overruling of Mackay, and (2) the concomitant amendment of the NLRA to make the striker replacement issue a “mandatory” subject of collective bargaining.
The North American Agreement On Labor Cooperation: A New Frontier In North American Labor Relations, Rafael Gely, Leonard Bierman
The North American Agreement On Labor Cooperation: A New Frontier In North American Labor Relations, Rafael Gely, Leonard Bierman
Faculty Publications
During the debate leading to the passage of the North American Free Trade Agreement (“NAFTA”), a great deal of concern focused on the effect that a trade agreement such as the NAFTA might have on workers' rights. As a condition for the ratification of the NAFTA, Congress provided that the treaty would not “enter into force until the three countries enact their own national agreement on labor cooperation.” In response to this concern, the three signatory countries negotiated the North American Agreement on Labor Cooperation (“NAALC” or “Labor Agreement”). The NAALC establishes a formal and elaborate procedure to settle complaints …
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.
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.
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.
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.
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.
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.
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.
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.
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.