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- Maurice A. Deane School of Law at Hofstra University (17)
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- Hofstra Labor & Employment Law Journal (17)
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Articles 61 - 88 of 88
Full-Text Articles in Law
A Square Peg In A Round Hole: Whether Traditional Trust Law "Make-Whole" Relief Is Available Under Erisa Section 502(A)(3), Susan Harthill
A Square Peg In A Round Hole: Whether Traditional Trust Law "Make-Whole" Relief Is Available Under Erisa Section 502(A)(3), Susan Harthill
Oklahoma Law Review
No abstract provided.
Timothy's Law: Introducing New York To Mental Health Parity, Desiree Busching, Simon Kapochunas
Timothy's Law: Introducing New York To Mental Health Parity, Desiree Busching, Simon Kapochunas
Hofstra Labor & Employment Law Journal
No abstract provided.
The Impact Of Emerging Techologies In The Workplace: Who's Watching The Man (Who's Watching Me)?, William A. Herbert, Amelia K. Tuminaro
The Impact Of Emerging Techologies In The Workplace: Who's Watching The Man (Who's Watching Me)?, William A. Herbert, Amelia K. Tuminaro
Hofstra Labor & Employment Law Journal
No abstract provided.
Compulsory Arbitration As Part Of A Broader Employment Dispute Resolution Process: The Anheuser-Busch Example, Richard A. Bales, Jason N.W. Plowman
Compulsory Arbitration As Part Of A Broader Employment Dispute Resolution Process: The Anheuser-Busch Example, Richard A. Bales, Jason N.W. Plowman
Hofstra Labor & Employment Law Journal
Federal and state reporters are filled with examples of lopsided arbitration agreements drafted by employers with the apparent intent of discouraging employees from successfully bringing valid claims. The case reporters contain far fewer examples of employment dispute resolution programs that are carefully designed to ensure that employees receive a fundamentally fair forum for the resolution of their employment disputes, for the obvious reason that employees are less likely to challenge these programs. Similarly, most scholarly commentary focuses on the overall merits and demerits of employment arbitration, or on problems posed by particular provisions often found in employment arbitration agreements, but …
A Lower "Salt" Content For Employers, Katie A. Mabanta, Alyson B. Skloot
A Lower "Salt" Content For Employers, Katie A. Mabanta, Alyson B. Skloot
Hofstra Labor & Employment Law Journal
No abstract provided.
Professional Athletes Playing Video Games - The Next Prohibited Other Activity, Jonathan M. Etkowicz
Professional Athletes Playing Video Games - The Next Prohibited Other Activity, Jonathan M. Etkowicz
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Cat’S In The Cradle: Tenth Circuit Provides Silver Spoon Of Subordinate Bias Liability In Eeoc V. Bci Coca-Cola Bottling Co. Of Los Angeles, Curtis J. Thomas
Cat’S In The Cradle: Tenth Circuit Provides Silver Spoon Of Subordinate Bias Liability In Eeoc V. Bci Coca-Cola Bottling Co. Of Los Angeles, Curtis J. Thomas
Oklahoma Law Review
No abstract provided.
Mother Jones Meets Gordon Gekko: The Complicated Relationship Between Labor And Private Equity, Matthew T. Bodie
Mother Jones Meets Gordon Gekko: The Complicated Relationship Between Labor And Private Equity, Matthew T. Bodie
University of Colorado Law Review
In 2007, private equity firms came under increasing scrutiny for the favorable tax treatment accorded to their fund managers' compensation. Labor, particularly the Service Workers International Union ("SEIU), was instrumental in bringing this issue to the attention of the media and the public. However, SEIU's private equity campaign is just one way in which the union is pursuing its primary concern: increasing the ranks of its members. This Article examines the role that the SEIU private equity campaign plays both in the overall debate about private equity taxation as well as in the union's negotiations with private equity firms. It …
Discrimination & (And) Deference: Making A Case For The Eeoc's Expertise With English-Only Rules, Robyn S. Stoter
Discrimination & (And) Deference: Making A Case For The Eeoc's Expertise With English-Only Rules, Robyn S. Stoter
Villanova Law Review
No abstract provided.
The Fair Use Doctrine And Trackjacking: Beautiful Animal Or Destroyer Of Worlds?, S. Wayne Clemons, Jr.
The Fair Use Doctrine And Trackjacking: Beautiful Animal Or Destroyer Of Worlds?, S. Wayne Clemons, Jr.
Vanderbilt Journal of Entertainment & Technology Law
"Trackjacking" is the unauthorized replacement of the original soundtrack of an audiovisual recording, such as a movie or television show, with another that is designed to alter substantially the plot and/or characters of the original work. While trackjacking is a creative and entertaining form of art, it may also constitute copyright infringement if the original work is one that is copyrighted. However, if certain criteria are met, the "fair use" doctrine provides a mechanism for courts to excuse what otherwise would be considered copyright infringement. Because the unique nature of trackjacking allows the new work to be distributed in such …
Six Clicks Of Separation: The Legal Ramifications Of Employers Using Social Networking Sites To Research Applicants, Ian Byrnside
Six Clicks Of Separation: The Legal Ramifications Of Employers Using Social Networking Sites To Research Applicants, Ian Byrnside
Vanderbilt Journal of Entertainment & Technology Law
As social networking sites like Facebook.com and MySpace.com continue to grow in popularity, college students and other job applicants voluntarily divulge an increasing amount of personal information on them, often unaware of the potential negative effects it may have on their search for employment. Employers are beginning to take note of this trend and are increasingly using applicants' social networking profiles to supplement traditional application information. Many applicants feel that employers should not base employment decisions on social networking profiles in any way and believe that it is illegal for employers to do so. Yet, it appears that employers that …
The Hidden Harms Of The Family And Medical Leave Act: Gender-Neutral Versus Gender-Equal, Deborah J. Anthony
The Hidden Harms Of The Family And Medical Leave Act: Gender-Neutral Versus Gender-Equal, Deborah J. Anthony
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Jung V. Skadden, Arps, Slate, Meagher & Flom, Zachary Kerner
Jung V. Skadden, Arps, Slate, Meagher & Flom, Zachary Kerner
NYLS Law Review
No abstract provided.
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
NYLS Law Review
No abstract provided.
Reflections On The Technicolor Right To Association In American Labor And Employment Law, Paul M. Secunda
Reflections On The Technicolor Right To Association In American Labor And Employment Law, Paul M. Secunda
Kentucky Law Journal
No abstract provided.
Where Are You Hurt? Kentucky Redefines Workers' Compensation Injury In A Post-Traumatic Stress Disorder World, James M. Inman
Where Are You Hurt? Kentucky Redefines Workers' Compensation Injury In A Post-Traumatic Stress Disorder World, James M. Inman
Kentucky Law Journal
No abstract provided.
An Analysis Of Horse Racing Jockeys Riding Under Kentucky's Workers' Compensation Laws, Ian C. B. Davis
An Analysis Of Horse Racing Jockeys Riding Under Kentucky's Workers' Compensation Laws, Ian C. B. Davis
Kentucky Law Journal
No abstract provided.
Protecting Whistleblowers By Contract, Richard Moberly
Protecting Whistleblowers By Contract, Richard Moberly
University of Colorado Law Review
Numerous statutes and the tort of wrongful discharge pur-port to prohibit companies from retaliating against employee whistleblowers. However, whistleblowers often lose retaliation lawsuits because these statutory and common law tort protections depend upon a variety of nuanced factors, such as the employer for whom the whistleblower works, the kind of wrongdoing reported, the way in which the employee blew the whistle, and, under some laws, the willingness of an administrative agency to investigate the whistleblower's claim. Given these difficulties, this Article explores an alternate route for whistleblower protection: enforcing the existing contract protections that private employers currently provide employees when …
Foreword, 41 J. Marshall L. Rev. Xxxvii (2008), Jonathan Barry Forman
Foreword, 41 J. Marshall L. Rev. Xxxvii (2008), Jonathan Barry Forman
UIC Law Review
No abstract provided.
Case Note: Golden Gate Restaurant Association V. City And County Of San Francisco: Setting The Stage For Supreme Court Review Of The Most Important Preemption Matter In The History Of Erisa, 41 J. Marshall L. Rev. 995 (2008), Joshua Waldbeser
UIC Law Review
No abstract provided.
Baby Ka-Boom! Coming Developments In Erisa Litigation Due To Social, Demographic, And Financial Pressures From The Baby Boom Generation, 41 J. Marshall L. Rev. 1037 (2008), Craig C. Martin, Matthew J. Renaud, Douglas A. Sondgeroth
Baby Ka-Boom! Coming Developments In Erisa Litigation Due To Social, Demographic, And Financial Pressures From The Baby Boom Generation, 41 J. Marshall L. Rev. 1037 (2008), Craig C. Martin, Matthew J. Renaud, Douglas A. Sondgeroth
UIC Law Review
No abstract provided.
The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore
The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore
UIC Law Review
No abstract provided.
The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez
UIC Law Review
No abstract provided.
European And American Issues In Employee Benefits Law Compared, 41 J. Marshall L. Rev. 1189 (2008), Yves Stevens
European And American Issues In Employee Benefits Law Compared, 41 J. Marshall L. Rev. 1189 (2008), Yves Stevens
UIC Law Review
No abstract provided.
Orwell Was An Optimist: The Evolution Of Privacy In The United States And Its De-Evolution For American Employees, 42 J. Marshall L. Rev. 83 (2008), Robert Sprague
UIC Law Review
No abstract provided.
A Chain Of Inferences Proving Discrimination, Michael J. Zimmer
A Chain Of Inferences Proving Discrimination, Michael J. Zimmer
University of Colorado Law Review
There are three elements in a plaintiff's prima facie case of individual disparate treatment discrimination: (1) the plaintiff suffered an adverse employment action, (2) the action was linked to the defendant, and (3) the defendant's action was motivated by a protected characteristic of the plaintiff. The third element-the defendant's intent to discriminateis the most challenging to prove. Thus, most individual disparate treatment discrimination cases, and this Article, focus on this inquiry. Part of the difficulty is that the second element-the level of linkage between the plaintiff's harm and the defendant's action-has been tied up in the discussion of intent. After …
Accommodating The Female Body: A Disability Paradigm Of Sex Discriminatio, Jessica L. Roberts
Accommodating The Female Body: A Disability Paradigm Of Sex Discriminatio, Jessica L. Roberts
University of Colorado Law Review
This Article presents a novel approach for understanding sex discrimination in the workplace by integrating three distinct areas of scholarship: disability studies, employment law, and architectural design. Borrowing from disabilities studies, I argue that the built environment serves as a situs of sex discrimination. In the first Part, I explain how the concept of disability has progressed from a problem located within the body of an individual with a disability to the failings of the built environment in which that person functions. Using this paradigm, in the next Part, I reframe workplaces constructed for male workers as instruments of sex …
Title Vii: What's Hair (And Other Race-Based Characteristics)G Ot To Do With It?, D. Wendy Greene
Title Vii: What's Hair (And Other Race-Based Characteristics)G Ot To Do With It?, D. Wendy Greene
University of Colorado Law Review
Title VII of the 1964 Civil Rights Act prohibits discrimination in employment on the basis of race, color, national origin, religion, and sex. Many Title VII cases have arisen when an applicant's or employee's non-conformity with an employer's policy barring certain hairstyles or clothing has resulted in an adverse employment action, such as a denial or termination of employment. Generally, courts have not deemed an adverse employment action resulting from an applicant's or employee's non-conformity with an employment policy banning the display of mutable characteristics commonly associated with a particular racial or ethnic group a violation of Title VIis proscription …