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Articles 1 - 30 of 74
Full-Text Articles in Law
The Supreme Court 1997- 1998 Labor And Employment Law Term (Part Ii): The Nlra, Takings Clause, And Ada Cases, Marley S. Weiss
The Supreme Court 1997- 1998 Labor And Employment Law Term (Part Ii): The Nlra, Takings Clause, And Ada Cases, Marley S. Weiss
Marley S. Weiss
No abstract provided.
Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss
Marley S. Weiss
No abstract provided.
Toward A New Grand Bargain: Collaborative Approaches To Labor-Management Reform In Massachusetts, Barry Bluestone, Thomas A. Kochan
Toward A New Grand Bargain: Collaborative Approaches To Labor-Management Reform In Massachusetts, Barry Bluestone, Thomas A. Kochan
Barry Bluestone
No abstract provided.
The Limitation On Undocumented Workers’ Lost Earnings After Balbuena And Sanango: Crafting A Fair And Principled Balance Of Immigration Policy And New York State Labor Law § 240 Safety Goals, Meredith R. Miller
Meredith R. Miller
In December 2004, in a pair of cases, the Appellate Division, First Department, held that under state labor and tort laws, injured workers who are not legally permitted to be present or employed in the United States are only entitled to receive lost earnings reflecting what they could have earned in their country of origin. This article explores these First Department decisions by first discussing the federal statutory and decisional backdrop against which the cases arose. This article then provides a discussion of the First Department cases and the competing economic incentives they implicate. Finally, this article posits that a …
Civic Virtue At Work: Unions As Seedbeds Of The Civic Virtues, Thomas C. Kohler
Civic Virtue At Work: Unions As Seedbeds Of The Civic Virtues, Thomas C. Kohler
Thomas C. Kohler
No abstract provided.
Models Of Worker Participation: The Uncertain Significance Of Section 8(A)(2), Thomas C. Kohler
Models Of Worker Participation: The Uncertain Significance Of Section 8(A)(2), Thomas C. Kohler
Thomas C. Kohler
No abstract provided.
The Employment Relation And Its Ordering At Century's End: Reflections On Emerging Trends In The United States, Thomas C. Kohler
The Employment Relation And Its Ordering At Century's End: Reflections On Emerging Trends In The United States, Thomas C. Kohler
Thomas C. Kohler
The enormous success of the United States economy in producing new jobs has focused world-wide attention on the flexibility of the American labor market, and on the malleability of the legal order that regulates it. Despite our reputation for sparse public regulation of the employment relationship, however; the past decade has been a period of unprecedented judicial and legislative activity. The United States now has more formal employment regulation than ever before. The following piece places these developments in the context of a decline in the practice of private law-making, and identifies four movements that have emerged and which characterize …
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Elisabeth Keller
Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Elisabeth Keller
Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …
Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy
Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy
Elisabeth Keller
Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers …
Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy
Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy
Elisabeth Keller
Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers …
Migrating Lawyers And The Ethics Of Conflict Checking, Paul R. Tremblay
Migrating Lawyers And The Ethics Of Conflict Checking, Paul R. Tremblay
Paul R. Tremblay
Lawyers often leave a practice setting and move to a new practice as their career paths advance or change. The incidence of lawyer migration has increased dramatically in the past decade, as law firms recruit more lateral hires and offer fewer partnership opportunities to their associates. As a lawyer prepares to change employment settings, her prospective new law firm asks her about the clients she has represented in the past. The new law firm must insist on this information, for without it the firm could not screen for possible conflicts of interest. Were the firm to hire a lawyer without …
Toward A Community-Based Ethic For Legal Services Practice, Paul R. Tremblay
Toward A Community-Based Ethic For Legal Services Practice, Paul R. Tremblay
Paul R. Tremblay
This Article is concerned with legal services lawyers and how they ethically might allocate their time and resources among their clients. Part I of this Article describes the institutional terrain of legal services practice and introduces the concept of the lawyer as street-level bureaucrat, operating within a complex, high demand human services bureaucracy. Part II discusses the problems inherent in attempts to ration care within a subsidized law practice. The purpose of Part II is to reveal the practice tensions that establishment professional ethics fail to accommodate, and that form an underlying justification for a discussion of triage principles. Part …
The Unjustified Absence Of Federal Fraud Protection In The Labor Market, Kent Greenfield
The Unjustified Absence Of Federal Fraud Protection In The Labor Market, Kent Greenfield
Kent Greenfield
Federal law offers significant protection against fraud in the capital market, based on the compelling rationale that accurate information is important in allowing the securities markets to allocate financial capital to real capital. Notwithstanding some recent statutory adjustments, federal securities law remains committed to a central idea: it is wrong for a company or a corporate official knowingly to make a misrepresentation in order to take value from another in a securities transaction. This article argues that rationales analogous to those justifying fraud protection in the capital market also hold true in the labor market. Fraud may in fact be …
A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield
A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield
Kent Greenfield
Written for the recent conference at St. John’s University Law School on “People of Color, Women, and the Public Corporation,” this paper evaluates recently applied methods of influencing corporate behavior on employment practices and recommends that a dormant legal doctrine be revitalized and added to the “tool box” of activists and concerned shareholders. The methods of influencing corporate behavior that are evaluated include class action lawsuits and shareholder proposals to amend corporate policy. In both contexts, there are procedural hurdles to achieving success. Even when success is achieved, there are limits to the actual changes in organizational behavior that result. …
Disparate Impact Is Not Unconstitutional, Michael Evan Gold
Disparate Impact Is Not Unconstitutional, Michael Evan Gold
Michael Evan Gold
[Excerpt] In Ricci v. DeStefano, the "New Haven Firefighters" case, whitefirefighters and one Hispanic firefighter sued the city of New Haven, Connecticut and city officials under Title VII. The plaintiffs claimed the city had committed intentional discrimination or disparate treatment against them when the city disregarded the results of promotion examinations that had an adverse effect on black and Hispanic applicants. The Supreme Court sustained the claim. In his concurring opinion, Justice Scalia invited attorneys in subsequent cases to consider arguing that the disparate impact theory of employment discrimination is unconstitutional. He reasoned as follows: • The Constitution prohibits the …
Experts' Meeting On The Restatement Of Employment Law, Thomas Kohler
Experts' Meeting On The Restatement Of Employment Law, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Labor Law—Labor Management Relations Act—Section 301(A)—State Court Injunction Against Strike—Removal To Federal Court.—Avco Corp. V. Machinists Aero Lodge 735, Robert S. Bloom, Joseph F. Sullivan Jr
Labor Law—Labor Management Relations Act—Section 301(A)—State Court Injunction Against Strike—Removal To Federal Court.—Avco Corp. V. Machinists Aero Lodge 735, Robert S. Bloom, Joseph F. Sullivan Jr
Robert M. Bloom
No abstract provided.
Labor Law—Labor Management Relations Act—Section 8(B)(1)(A)—Court-Enforced Fines Under A Union-Shop Provision.—Nlrb V. Allis-Chalmers Mfg. Co., Mitchell J. Sikora, Robert S. Bloom
Labor Law—Labor Management Relations Act—Section 8(B)(1)(A)—Court-Enforced Fines Under A Union-Shop Provision.—Nlrb V. Allis-Chalmers Mfg. Co., Mitchell J. Sikora, Robert S. Bloom
Robert M. Bloom
No abstract provided.
Beyond The Ada: How Clinics Can Assist Law Students With “Non-Visible” Disabilities To Bridge The Accommodations Gap Between Classroom And Practice, Alexis Anderson, Norah Wylie
Beyond The Ada: How Clinics Can Assist Law Students With “Non-Visible” Disabilities To Bridge The Accommodations Gap Between Classroom And Practice, Alexis Anderson, Norah Wylie
Norah Wylie
This article examines how best to educate law students with disabilities so that they can successfully transition from classroom to practice. At the very time that the importance of experiential learning is being trumpeted as critical to the preparation of all law students for practice, all too little attention has been given to the role of clinical education in helping students with non-visible disabilities succeed in their chosen careers. Increasingly, law students are seeking accommodations for a range of mental health, cognitive, and learning disabilities. Law schools have become more adept at providing accommodations in academic classes to qualified students …
Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy
Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy
Judith B. Tracy
Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers …
Last Hired, First Fired Layoffs And Title Vii, James S. Rogers
Last Hired, First Fired Layoffs And Title Vii, James S. Rogers
James S. Rogers
No abstract provided.
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
James R. Repetti
The U.S. tax system contains many provisions which are intended to align management of large publicly traded companies more closely to stockholders. This article shows that many of the tax provisions that have been adopted are of questionable effectiveness because they fail to address the complexities of stockholder-management relations in attempting to motivate management to act in the best interests of stockholders. The article proposes that rather than Congress attempting to identify the best way that it can use the tax system to motivate management, Congress should eliminate tax provisions which subsidize management's inefficiencies in order to encourage stockholders, themselves, …
Reflections On The Supreme Court's 1988 Term: The Employment Discrimination Decisions And The Abandonment Of The Second Reconstruction, Mark S. Brodin
Reflections On The Supreme Court's 1988 Term: The Employment Discrimination Decisions And The Abandonment Of The Second Reconstruction, Mark S. Brodin
Mark S. Brodin
No abstract provided.
The Demise Of Circumstantial Proof In Employment Discrimination Litigation: St. Mary's Honor Center V. Hicks, Pretext, And The "Personality" Excuse, Mark S. Brodin
Mark S. Brodin
Since the enactment of Title VII of the Civil Rights Act of 1964 the courts have struggled to define the burdens of proof surrounding the central issue of an employer's alleged discriminatory intent. What evolved was the McDonnell Douglas framework, premised upon established concepts of circumstantial proof and inference. The approach permits plaintiffs lacking direct proof to nonetheless establish a violation of the Act by proving that the employer's explanation of the challenged decision was pretextual. In St. Mary's Honor Center v. Hicks, a closely-divided Supreme Court substantially altered the McDonnell Douglas framework. Discrediting the reasons offered by the employer …
The Standard Of Causation In The Mixed-Motive Title Vii Action—A Social Policy Perspective, Mark S. Brodin
The Standard Of Causation In The Mixed-Motive Title Vii Action—A Social Policy Perspective, Mark S. Brodin
Mark S. Brodin
In this Article, Professor Brodin explores the causal-relation problem in individual employment discrimination suits alleging disparate treatment brought under title VII of the Civil Rights Act of 1964. The effort in this Article is to define a theory of causation for the individual disparate treatment case that is consistent with the goals of title VII as well as with the realities and limitations of our adversary system of adjudication. Professor Brodin surveys the problem, traces the development of relevant case law and concludes with a proposal of causal analysis that separates issues of liability from those of remedy.
The Demise Of Circumstantial Proof In Employment Discrimination Litigation: St. Mary's Honor Center V. Hicks, Pretext, And The 'Personality' Excuse, Mark S. Brodin
Mark S. Brodin
Since the enactment of Title VII of the Civil Rights Act of 1964 the courts have struggled to define the burdens of proof surrounding the central issue of an employer's alleged discriminatory intent. What evolved was the McDonnell Douglas framework, premised upon established concepts of circumstantial proof and inference. The approach permits plaintiffs lacking direct proof to nonetheless establish a violation of the Act by proving that the employer's explanation of the challenged decision was pretextual. In St. Mary's Honor Center v. Hicks, a closely-divided Supreme Court substantially altered the McDonnell Douglas framework. Discrediting the reasons offered by the employer …
Costs, Profits, And Equal Employment Opportunity, Mark S. Brodin
Costs, Profits, And Equal Employment Opportunity, Mark S. Brodin
Mark S. Brodin
Professor Brodin explores the clash between the antidiscrimination principle embodied in Title VII of the Civil Rights Act of 1964, and employer self-interest in minimizing costs and maximizing profits. While precedent explicitly rejects a cost defense to an action brought under the statute, some courts have subtly adopted the equivalent under the guise of the business necessity defense to a disparate impact action. Permitting employers to utilize selection devices that disproportionately exclude minorities or women merely because they are less expensive than more sophisticated personnel procedures without discriminatory impact violates Title VII’s mandate, which imposes the costs of equal opportunity …
Eu Equality Law Comprehensive And Truly Transformative?, Ann Numhauser-Henning
Eu Equality Law Comprehensive And Truly Transformative?, Ann Numhauser-Henning
Ann Numhauser-Henning
No abstract provided.
Voices At Work: Legal Effects On Organization, Representation And Negotiation, Thomas Kohler
Voices At Work: Legal Effects On Organization, Representation And Negotiation, Thomas Kohler
Thomas C. Kohler
The Inaugural Conference for a 4-year comparative law project to investigate intersection between law and employee voice in industrialized common law countries. One of 5 American scholars; project involving leading scholars from the common law countries. Two-day conference, largely round table discussions